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(vi)MIFR 2009 (1) 0304 (ASTOR TECHNOLOGIES AND OTHERS V. L.B.THIAGARAJAN).
(vii)

8.This Court paid its anxious consideration on the submissions made.

9.As could be seen above, the appellant/plaintiff filed the suit in C.S.No.270 of 2009 for the following reliefs:

(a) A permanent injunction restraining the defendants from directly or indirectly in any manner copying, reproducing, reverse engineering, adapting, using, altering tampering with or hacking into the original source code in part or full of the plaintiff's housing finance software KEN_HFS thereby amounting to infringement of copyright in the plaintiff's housing finance software KEN_HFS or in any other manner whatsoever;
"7.The plaintiff is the first owner of the Kensoft system comprising of the KEN_HFS home finance software......
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9...... Hence, the plaintiff is first owner of the said software. The source code of the said computer programs and the schema being a highly confidential document is in the possession of the plaintiff. The copyright and other intellectual property rights for the said software vest exclusively with the plaintiff and none else.
10.The plaintiff is the creator of KEN_HFS software and hence the copyright and other intellectual property rights vests exclusively with the plaintiff alone.....
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14.As the plaintiff is the first owner of the source code of the KEN_HFS software, any unauthorised use of the said software is prohibited under copyright statute. The plaintiff is exclusively vested with right to access the source code, right to adapt, right to reproduce, right to resale, right to licence, right to make derivatives and adaptations, etc. The plaintiff states that any unauthorized exercise of aforementioned rights of the plaintiff would infringe both the statutory and common law rights solely vested with plaintiff. The plaintiff has provided merely a licence to the defendants to utilize the product. The deliverables from plaintiff to the defendants are only the executables (Source code, design documentation and any API are not provided). The software provided to the defendant no. 1 is in the nature of executables with no source code rights. This is in the nature of license and does not give any right over the intellectual property of KEN_HFS software on the defendants.
32.The defendants reverse engineered the plaintiff's software KEN_HFS and hacked the source code of the same. The defendants has altered/modified/inserted various external source codes into the plaintiff's original software and are involved in manufacture of tampered software by reverse engineering of plaintiff software thereby violating the terms and conditions on the agreement. The defendants developed a tampered software by lifting substantial portion of source code from plaintiff's original software and exploited it commercially. The plaintiff states that this unauthorised commercial exploitation of source code would amount to the copyright violation. The adaptation and modification of the source code as well as KEN_HFS software, ORACLE AFSU software by the plaintiff amounts to infringement of copyright, the exclusive rights vested in the plaintiff in the software developed and maintained by them.