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HIGH COURT MALAYA KUALA LUMPUR
SAP MALAYSIA SDN BHD & ANOR – Appellant
Versus
I WORLD HRM NET SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. corporate background and licensing details. (Para 1 , 2 , 3) |
| 2. allegations of eula breach and copyright infringement. (Para 4 , 5 , 6 , 7) |
| 3. key issues for determination. (Para 8 , 9) |
| 4. defendants' claims regarding maintenance fees. (Para 10 , 11 , 12 , 13 , 14) |
| 5. agreement on updating customers under eula. (Para 15 , 16 , 17 , 18) |
| 6. discussion on waiver and mutual consent. (Para 19 , 20 , 21 , 22 , 23) |
| 7. copyright law principles regarding software. (Para 24 , 25 , 26 , 27) |
| 8. evidence of copyright infringement. (Para 28 , 30 , 31 , 32 , 33) |
| 9. defendants' activities constituting copyright infringement. (Para 34 , 35 , 36 , 37) |
| 10. outcome of the defendants' counterclaim. (Para 38 , 39) |
Tengku Maimun Tuan Mat J:
The Background
[1] The 1st plaintiff is a company incorporated under the Laws of Malaysia. The 2nd plaintiff is a company incorporated in Germany and is in the business of developing, marketing and licensing software programs. The 1st plaintiff is a wholly owned subsidiary of the 2nd plaintiff. The 1st and the 2nd defendants are both companies incorporated under the Laws of Malaysia. The 1st defendant was established on 5 April 2000 as Magnus HRM Net Sd
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