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It is also claimed that the petitioners are touching average 24,000 brokers, owners, developers and other real estate professionals daily through phone calls canvassing a half million properties per year and are taking nearly one million photographs annually.

It is contended by the petitioners that website 'LoopNet' (available at http://www.loopnet.com) is the foremost digital marketplace for commercial real estate in the United States and it contains petitioners' copyrighted photographs and data from its database. Every day, buyers, sellers, lessors, lessees, owners and brokers access and use LoopNet to list, buy, sell, lease, rent or browse commercial real estate.

(Emphasis supplied) I am perfectly in agreement with the view of the Delhi High Court that the object of appointment of a Local Commissioner in software piracy matters is not, as much to collect evidence but to preserve and protect the infringing evidence and strict proof is not required to be given at initial stage.

The petitioners, along with an application for appointment of Local Commissioner, has placed on record certain documentary evidence in support of their claim that the respondent is illegally accessing LoopNet's website containing copyright photographs and database of the petitioners at the instance of CREXi and is transferring to it unauthorisedly.

After examining the said documentary evidence, which is also annexed with this writ petition, I am of the view that the petitioners are able to prima facie prove that the respondent has illegally accessed the copyright photographs and database of the petitioners - company from its website and (9 of 11) [CW-9384/2021] might have transferred it to the CREXi, which used the said copyright photographs and database for its profit.