parts
manufactured by alternate sources, the consumers have no means of
ascertaining the compatibility of spare parts sourced from other sources. The
DG further noted ... other sources, however, in the absence of the required software to
C. No. 03 of 2011 Page 17 of 215
detect the fault codes (which
Evalueserve.Com Pvt. Ltd., Gurgaon vs Acit, New Delhi on 3 August, 2018
1 ITA
extensive manner the assessee's activities can be construed as producing software programmes as engrafted in Clause (vi) of the Explanation to Section ... interfering with the programmes in the standard software in conformity with the use of source code agreement entered into by the assessee with BaaN Netherlands
Video and CD ROMs are in the nature of "computer software" within the meaning of Explanation provided to Notification No. 11/97 dated ... Computer Software" which reads as under.
Explanation: "Computer Software" means any representation of instructions, data, sound or image, including source code
Tyagi (supra) on the allegation that the accused had
stolen source codes of a software, a search was conducted in his house and
hard disks
collaboration arrangements shall cover the supply of source codes or system and application software.
(vi) The PMP shall be settled to the satisfaction
plaintiff‟s proprietary (i) BES software primarily designed to
integrate and synchronize email servers with BlackBerry smartphones and
(ii) software development tools ... made available in the form of the SDK,
comprising the source code and object code used to program and compile
applications for BlackBerry smartphones, qualify
completion of such evaluation,
machine code of the source programme code known as
hex-code (not the source code itself) is given to the
micro ... From this machine code, the source code
cannot be read. Source code is never handed over to
anyone outside the software group.
(vii) Micro controller
similar lines.
"21. A civil lis, governed by the CPC , requires each
party thereto to have notice of the case of other, which ... cases of patent infringement or infringement of copyright
in source code of a computer software, the need for a party
requirements
Withholding of releases
Withholding of source codes/executables
Co.Pet.457/2010 Page 5 of 21
The software license purchased on behalf of Flo2Go