1. The defendants are ex-parte. The plaintiffs have filed the present suit for permanent injunction restraining the infringement of copyrights, delivery up, rendition of accounts, damages, etc. against the defendants. The plaintiff No.1, is a company organized and existing under the laws of the State of Washinton, USA., plaintiff No.2, Microsoft Corporation India Private Limited is the wholly owned marketing subsidiary of the plaintiff No.1, located in New Delhi.

2. It is averred in the plaint that plaintiffs are engaged in the business of developing, manufacturing, licensing and support of a range of software products for various computing devices. The software products of the plaintiffs include operating systems for servers, personal computers, intelligent devices etc. As per the plaint, the software programs developed and marketed by the plaintiffs are “computer program” within the meaning of Section 2 (ffc) of the Copyright Act, 1957 and is included in the definition of a literary work as per Section 2 (o) of the said Act. The plaintiff's computer programs are "works" that were first published in the USA and are also registered in the USA. These programs have