Indian Copyright Act
does not infringe the copyright in such program and therefore does not involve
the use of any copyright. Section ... customer, as well as copies thereof.
Ancillary Programs- "Ancillary Programs" means a third party computer
program(s) in object code form which
owner of Copyright in
the software programs developed and marketed by it. The software
programs are "computer programs" within the meaning of Section ... computer program, to sell or give
on commercial rental, or offer for sale or commercial rental,
any copy of the computer program,
(e) The right
software programs developed and marketed by the plaintiffs
is a 'computer program' within the meaning of Section 2 (ffc) of the
Copyright ... versions or in any
other manner infringing the copyright of the plaintiffs in their computer
programs. Vide order dated 08.02.2012, a Local Commissioner had also
held :
"Computer programs are the product of an
intellectual process, but once implanted in a medium
are widely distributed to computer owners. An
analogy ... transcribed as a book, it becomes a good.
That a computer program may be copyrightable as
intellectual property does not alter the fact that once
patents and patent applications, all copyrights, copyright registrations and applications, literary works, audio visual works, software, computer programs and processes, trade secrets, know-how, drawings
particular form,
manner, arrangement and expression entitle the Plaintiffs to claim copyright in the
artistic works. It is also clear prima facie that the Defendants ... made by hand or using computer programs and
software. They are original works capable of being protected as copyrighted
works.
7 That brings
programs developed
and marketed by the plaintiff No.1 are "computer programs" within the
meaning of Section 2 (ffc) of the Copyright ... computer programs are "works" that were first
published in the USA and are also registered in the USA. The said
programs have been
enabling or assisting
others to infringe the copyrights of the plaintiffs in their computer
programs and software titles.
3. Despite service, neither appearance was filed ... programs developed
and marketed by the plaintiff No.1 are "computer programs" within the
meaning of Section 2 (ffc) of the Copyright
computers, the said licenses stood
exhausted and these programs reproduced/installed on additional
computers thereafter, would amount to infringing the copyright of the
plaintiffs ... defendant No.2 had 80 to 90 computers on which Microsoft Office
program was uploaded; that their copyright was being infringed by
end user piracy
programs the plaintiffs also manufacture a large
range of computer peripherals (hardware). The software developed and
manufactured by the plaintiff are "computer programs ... Station, Mumbai which is engaged in marketing
and selling of computer hardware including branded computers and
peripherals. Defendant no.1 is the proprietor of defendant
