whether the software is canned or
customized. In fact, the distinction between canned and customized software proceeds
from the admitted position that the Digital Content ... whether the software is canned or
customized. In fact, the distinction between canned and customized software proceeds
from the admitted position that the Digital Content
copyright in the customized software products
vests with the plaintiff. The plaintiff purchased software from TSPL and later
customized the product accordingly and sold ... customization of the software. Therefore, it is the
contention of the learned counsel that the software was customized and the
copyright in the software, developed
India. While the hardware is sold,
the software is licensed. With respect to software, the customer is granted
partial rights permitting the use of software ... software always remains with Aspect Software Inc.
(e) The assesee's contention that software and hardware are co-joint and
software and hardware
transferable license to the customers for a specified
10
period only. The customers have no right to use the software
after the subscription period ... purely for copyrighted software
product as against payment for giving any right to use any
copyright in the software. The customers have a very limited
sale of software developed for
their own use and marketed as 'core banking' software to their
customers which was charged by service ... 88568/2014
12
perpetual licensing and software licence, sale of third-party software,
customization of software as per requirement of customers and
implementation and maintenance
Distributor
pursuant to this Agreement Software Products shall include
TLP Products, End of Life Software Products, Upgrade
Products, Unsalable Software Products and Media ... Software" means the copy (ies) of the Adobe proprietary
software in object code form.
"Software Products" means copies of the Software
sale of software was not merely licensing of
software. As per the sales invoice the assessee transferred right to use the software
forever. Terms ... that copy of the software with limitations like the buyer cannot resale
the software. The buyer can customize the software to suit it needs
that none of the software purchased by the assessee was a custom made software and all of them had been purchased "off the shelf ... software acquired by the assessee was in fact up gradation of the existing software and there was no purchase or acquisition of any new software
spares without extra charges till warranty
period, removing software bugs and supply of software updates without extra
charges till warranty period. He submits that since ... made available, through one time license
fee, the software to its customers; this software without the hardware which
was sold, is useless. Conversely the hardware
substantial amount of money in training skills, computer network, specialized and customized software, law library, office infrastructure, etc. Interestingly prior to 1997, Mr. Titus himself ... capable of protection as a literary work
8. David Bainbridge has in SOFTWARE COPYRIGHT LAW (at p.48) dealt with computer database in the following
