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NAVIN CHAWLA
Microsoft Corporation – Appellant
Versus
Rupesh Waidande – Respondent
JUDGMENT :
1. The present Suit has been filed by the plaintiffs praying for a decree of permanent injunction against the defendants restraining them from directly or indirectly reproducing/storing/installing and/or using pirated/unlicensed software programmes of the plaintiff no.1, thereby infringing the copyright in the plaintiffs’ computer programmes/software titles. The plaintiffs further pray for delivery up, rendition of accounts, damages as also costs of the Suit.
FACTUAL BACKGROUND
Case of the plaintiffs:
i) Software
2. The plaintiff no.1 was set up in the year 1975 under the laws of the State of Washington, United States of America (in short, ‘USA’) and is a global software publisher for personal and business computing. The software products of the plaintiff no. 1 include operating systems for servers, personal computers (in short, ‘PC’) and intelligent devices; server applications for distributed computing environments, information worker productivity applications and software development tools.
3. The plaintiff no.2 is the Indian subsidiary of the plaintiff no. 1, set up in the year 1989. The plaintiff no.2 provides marketing, promotion, anti-piracy awareness campaigns and acti
Copyright infringement in software programmes under the Copyright Act, 1957, leading to remedies including permanent injunction, delivery up of unlicensed software, and damages.
Unauthorized use of copyrighted software constitutes infringement under the Copyright Act, allowing for injunctive relief and damages.
Court ruled that unauthorized software use constitutes copyright infringement and emphasized the necessity of valid licenses for software usage.
A derivative work is entitled to its own copyright protection.
The court ruled that jurisdiction objections must be accepted based on the plaint's claims, enabling a foreign entity's operational presence via a local subsidiary to maintain a suit under the Copyri....
Plaintiff established prima facie case for copyright infringement against Defendants, warranting interim injunction due to imminent harm and established unauthorized use of software.
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