Microsoft awarded damages in IP infringement case

The Delhi High Court has awarded damages for Rs 19.75 lakh to Microsoft
against errant dealer indulging in software piracy.Delhi High Court has awarded
damages for Rs 19.75 lakh to Microsoft in a civil copyright infringement case.

The Delhi High Court passed a judgment against the defendants, Yogesh Popat
and Dyptronics Pvt Ltd of Mumbai for indulging in hard disk drive loading of
pirated or unlicensed software onto computers assembled and sold to customers.
The evidence presented before the court included pirated versions of Windows 98,
Office 2000 and Visual Studio 6.0 illegally distributed by the defendants
without any authorization.

A recent BSA-IDC study points out the impact of reduction in piracy in India.
It states that a reduction from the 70 % level in 2002 to 60 % by 2006 would add
$ two billion to India's economy, increase local industry revenues by around
$1.6 billion, generate 48,435 new high-tech, high-wage jobs and generate $92.4
million in tax revenues for the government.

Hard
disk loading of pirated software is turning out to be a menace to the genuine
software distribution market in India. The copies of the software loaded on the
computer are illegal copies, amounting to infringement of the copyrights in the
software. In hard disk loading, unlike genuine software, no installation support
CDs, manuals, Certificate of Authenticity or License Agreements is provided.

Commenting on the judgment, NASSCOM President, Kiran Karnik said, "This
decision should lead to more deterrence to the software piracy business as it is
becoming clear that awarding damages against the infringers of intellectual
property rights is a positive step in creating an IPR friendly environment in
India. We are working effectively on an ongoing basis to train the police and
the judiciary in enforcing IPR laws, also conducting numerous anti-piracy raids
and other campaigns across the country."

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