held that a computer programme consisting of a source code is original literary work. A source code is a computer programme written ... source code within the meaning of the copyright law and copying of the object code was an infringement of the copyright in the source code
execute the instructions. The same
program in its human-readable source code form, from which executable programs are derived
(e.g., compiled), enables a programmer ... Page 15 of 331
10.4. The definition of computer program in the copyright Act of 1957, is as under:
" Section 2(ffc) "computer
portions of Products in source
code form and other portions in object code form. Participant may
modify any source code. Participant may not modify ... modify source
code but was not permitted to modify object code. The Agreement
granted limited rights to HLL permitting to change source code
from the conspicuous similarity between source code items, column names, object occurring in the applicant's proprietary source code amounting to several thousand instances ... Sundaram Finance Limited. There was no copyright infringement. There was also no modification of source code or software. The allegation that the first respondent
copyright in Versions 1.04 to
1.08 of the software and in such case, defendant no. 1 would logically
enjoy copyright in the source code contained ... copyright in the new
versions vests in the additional features mentioned above. However,
these additional new features are not really useable without the source
code
transfer of
copyright nor the vendor has given any permission for commercial exploitation
of the copyright of the software. No source codes etc have been ... section 9(1)(vi) under
10
IT7513/Mum/2010
'copyright' since computer software is a 'literary work'
under the Copyright
Copyright Act, 1957, the
consideration received was in lieu of providing only right to use
copyrighted article as against the right to use the copyright ... Regarding the sharing of source code of software for internal
operation would not be taxable as process or copyright or royalty,
strong reliance was placed
shall not use or disclose such
source code and it shall immediately deliver all copies of such
source code to Adobe.
Further, the right granted ... patent applications, copyright, designs,
design rights both registered and unregistered, design right
applications, trade secrets, know-how, information, data
source codes and object codes, technology
source code of the original
version. The assignment in respect of the later versions was
strictly restricted to the newly created additional source code ... work
created is only the incremental source code and
there is no "reassignment" of the source code of
version 1.03.
(4) The injunction
right to use a
copyright;
3. None of the suppliers have provided the assessee with source code or
any technical documentation pertaining to software application ... discover the above mentioned software source code or
underlying ideas or algorithms.
There is no acquisition of copyright which remains the property with the
supplier