that
software and source code are two separate items of
transactions whereas the source code is highly critical to any
software having higher intrinsic value ... conditions the "Source Code"
was produced by INTRA/GAMMA from the original developer
/owner of the "Source Code".
In this connection
software development service
provider and software Product Company.
60. Ld. Counsel vehemently submitted that a software product company
cannot be compared with a pure software ... software is transferred
without giving the source code. However, a pure software development
service provider imparts a part of the entire software development
line Software Develop me nt (India ) Pvt. Ltd.
license basis wherein the right to use the software is
transferred without giving the source code. These ... license basis wherein the right to use the software is transferred
without giving source code cannot be comparable to pure software
development service provider like
company in the year
2005 for theft of source code of its proprietary software developed
by it. Proprietary software was in the name of Quick ... source code. Argument that the accused shall mint the
money by misusing the same is far away from merits. He had sold
the source code
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
termination the Service Provider
shall :
I. Pass on IPR and software alongwith
the Source Code to Transport
Commissioner, Madhya Pradesh.
II. Handover the possession
from infringing the plaintiffs copyright in the software in
mobile games and computer programmes including its source
code."
2. Thereafter, the defendants ... plaintiffs. However, the defendants are entitled to use the
software which is an open source code available on the open
source platform on the link
hacking into the original source code in part or
full of the Plaintiff's Copyrights, in the computer software
programme "22yardz - Cricket Match
shall include: (i) Enterprises engaged in production and development of IT software, (ii) Enterprises rendering IT services and IT enabled services b; (iii) Enterprises engaged ... realizing value addition. (xvif) "IT Software" means any representation of instructions, data, sound or image, including source code and object code recorded in a machine
India and it being left with the inventory without the
operating software. Further issues in equity would arise concerning money
spent by OnePlus ... free an open source software based
on the Android Open Source Project with added original and third-party
code. The CMOD Enhancements developed from time
