Azlan Sulaiman J:

[After full trial]

Introduction

[1] In a nutshell, this action by the Plaintiff ("Bentley") against the Defendant ("PUSBE") is for copyright infringement. PUSBE's counterclaim against Bentley as pleaded at first glance is, however, not one that can easily be fitted into a nutshell of the usual categories of causes of action. Push come to shove to put a name on it, I would say it is for damages against Bentley for the very bringing of this copyright infringement action against it. In simple terms, PUSBE says that Bentley's action against it is an abuse of process.

Copyright Infringement

[2] In a second nutshell, a successful action for copyright infringement consists of two essential elements, namely establishing the copyright and then establishing the infringement of it.

[3] The first element is not really in dispute here. Bentley, a US-based software development company, develops, manufactures and distribute computer software for numerous industries worldwide, including the design, construction, and infrastructure industries.

[4] The software in issue here is an offshore structural analysis software that it calls as SACS Connect Edition ("SACS Computer Programs"