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2009 Supreme(Del) 1357

SHIV NARAYAN DHINGRA
Microsoft Corporation & Anr. – Appellant
Versus
Dhiren Gopal & Ors. – Respondent


Advocates Appeared:
Aashia Behl, Ankush Mahajan, Sofia, Sai Krishna Rajgopala, Pravin Anand

JUDGMENT

Shiv Narayan Dhingra, J.

1. These four suits have been filed by Microsoft Corporation against four different defendants alleging violation of the copyright on the ground of suspicion that the defendants were using pirated/illegally-copied software of the plaintiffs at their offices/work place. The suspicion is based on the investigation done by an alleged independent "investigator" engaged by the plaintiffs, who through telephonic conversation with the employees of the defendants estimated the number of computers that may be installed at the office/work place of the defendants and thereafter matching the number of licenses of the software of the plaintiffs lawfully procured by the defendants. The plaintiffs also visited websites of the defendants to know the nature of work being done by them and the kind of software being used by the defendants and the claims being made by the defendants. On the basis of website information and the database maintained by the plaintiffs regarding sale of its licensed software and the assessment made by the investigator of the number of computers installed, the plaintiffs suspected that there was every probability of the defendants using pirat

















































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