amended in 1994 software are entitled to
copyright protection. The Assessee possesses
Copyright in the software, which it can enforce
in India if any violation ... backup
purposes with a condition that such copyright shall
include Infrasoft copyright and all copies of the
software shall be exclusive properties of Infrasoft.
Licensees
copyrighted article. One cannot have the copyright without the copyrighted article but at the same time just because one has the copyrighted article, it does ... Licensed Software or translate the Licensed Software into another language or write or derive any other software from the Licensed Software;
5.5 The licensee hereby
main
defendant. Each defendant which is alleged to be violating the software
copyrights of the plaintiffs is a different company and hence a completely
different ... copyright in a software necessarily begins with the ownership of copyrighted
software by the plaintiff and ends with the factum of its violation
Copyright Act, 1957. The plaintiff's
own documents show that the copyright is owned by the second defendant.
Customization of the software was done ... 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
software product
lines, including Digital Manufacturing, which featured the software Tecnomatix,
Digital Lifecycle Management, which featured the software Teamcenter, and the
Velocity Series software products ... Civil remedies for infringement of copyright. --
(1) Where copyright in any work has been infringed, the owner of
the copyright shall, except as otherwise provided
Learned senior counsel referred to the treaties of David Bainbridge on Software Copyright Law (fourth edition) to emphasise that what the defendants had taken away ... protection as a literary work
8. David Bainbridge has in SOFTWARE COPYRIGHT LAW (at p.48) dealt with computer database in the following terms
payment for the use of copyrighted article as against payment for
use of a copyright in the software and hence such payment shall not
constitute ... inseparable package also containing software programs and
features other than the Software. Buyer may use such other software
programs and features unless expressly provided otherwise
services that infringe the Plaintiff’s
copyright as well as any future machine/device that
incorporates the copyrighted software of the Plaintiff and
infringes ... Plaintiff is also
directed to submit the certified copy of the copyrighted
software’s source code and object code in sealed cover
software and the computer
system on which it is installed i.e. license key, software
version, etc. that the software is being used with ... infringement of the Plaintiffs' copyright subsisting in
its software programs and software related
documentation;
b. An ad interim temporary injunction restraining the
Defendants, their
softwares and the
packaging of softwares, so that purchasers are deliberately
misled into believing that the product they are buying is
genuine software.
ii. Reproducing ... unauthorized reproduction
of the plaintiff no. 1's copyrighted software and consequently, has
resulted in infringement of the plaintiff no. 1's copyright
