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DELHI HIGH COURT
NAVIN CHAWLA
Microsoft Corporation – Appellant
Versus
Rupesh Waidande – Respondent
| Table of Content |
|---|
| 1. establishment of copyright ownership and software nature. (Para 2 , 3 , 4 , 5) |
| 2. details on end user license agreements and copyright laws. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. claims of copyright infringement by defendants. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court proceedings and preliminary injunction order. (Para 18 , 19 , 20 , 21 , 22) |
| 5. plaintiffs' arguments on unauthorized use. (Para 23 , 24 , 25) |
| 6. court analysis confirming copyright infringement. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 7. granting of damages and reliefs to plaintiffs. (Para 34 , 35 , 36 , 37 , 38 , 39) |
| 8. final order and decree by the court. (Para 40 , 41 , 42 , 43 , 44 , 45) |
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) S
Unauthorized use of copyrighted software constitutes infringement under the Copyright Act, allowing for injunctive relief and damages.
Copyright infringement in software programmes under the Copyright Act, 1957, leading to remedies including permanent injunction, delivery up of unlicensed software, and damages.
Court ruled that unauthorized software use constitutes copyright infringement and emphasized the necessity of valid licenses for software usage.
Unauthorized use of software constitutes copyright infringement, warranting injunctive relief to protect intellectual property rights under the Copyright Act.
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....
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