essentially a software program known as
"Phone Home" technology built into the software, which verifies whether
the said software is being used ... software and the computer
system on which it is installed i.e. the license key, software version etc. and
whether the software is being used
categorical assertion in the plaint that defendants are using pirated software.
8. She submits that, the appellants' case is that though the
defendants/respondents ... other storage media containing illegal/unlicensed/pirated/
unauthorized versions of the appellants/plaintiffs software, identified
by the accompanying technical expert as such and thereafter seal
from directly or indirectly copying, reproducing, storing,
installing and/or using pirated/unlicensed software program of Plaintiff
No. 1 including but not limited to Microstation ... from directly or indirectly copying, reproducing, storing, installing,
and/or using pirated/unlicensed software programs of Plaintiffs', along
with their various versions developed
sales of the other software,
assumption would be that 200 computers and 20 computers
respectively were loaded with the Software Office 2000 STD
and Visual ... computer software, as also sold computers being loaded
with the pirated software, loss of profit to the plaintiff in sum of
Rs. 19.75 lacs stands
owner of copyright
in the software products/modules/extensions/add-ons developed
by it. These software products are "computer programmes" and
"literary ... special class of work, and even unauthorized use of pirated
software amounts to infringement, as use necessarily involves
reproduction at the time of installation
Software and if it is Node
Siemens Industry Software Inc. and Anr. Vs Niilesh Dhanaukar and ors. Page 9 of 36
Locked, the said software ... permanently from
directly or indirectly reproducing/storing/installing and/or
using pirated/unlicenced softwares of the plaintiffs,
including NX (Unigraphics) amongst others, thereby
Infringing Copyright
Suit, being founded on alleged infringement of copyright and
misappropriation of the software namely 'Ticketmaster', 'Apollo' and
'Parser' partakes ... directly or indirectly
copying, reproducing, storing, installing and or using the
pirated/unlicensed Software programs of Plaintiff in any
manner that may amount to infringement
behalf from copying, reproducing, storing, installing and/or using
pirated/unlicensed software program(s) of Plaintiff No. 1 including but not
limited to Openflows WaterGems
indirectly copying, reproducing, storing, installing and/or using
pirated/unlicensed/unauthorised versions of software program(s) of Plaintiff
No. 1 and/or committing infringement/unauthorised
indirectly copying, reproducing,
storing, installing and/or using pirated/unlicensed copies of Plaintiffs'
SolidWorks software program and its various versions or any other software