Court Awards Damages in an Intellectual Property Infringement Case

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Industry Lauds Indian Judiciary to help curb the menace of software piracy
Recognizing the IT industry’s unrelenting drive against software piracy, Delhi High Court awarded Microsoft first of its kind damages for Rs 19.75 Lakhs in a civil copyright infringement case. The Delhi High Court passed judgment against the defendants Yogesh Popat and M/s 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.

Commenting on the judgment Kiran Karnik, president, NASSCOM said, "It is indeed very encouraging that the Indian Judiciary has taken notice and has initiated appropriate action against errant dealer engaging in software piracy."
"Moreover, 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," added Karnik.
“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? he added.
Elaborating on the Delhi High Court order, Anu Prakash, corporate attorney, law and corporate affairs, Microsoft Corporation India Private Limited said, "We thank the Judiciary for taking this landmark step forward, which is a testimony to the increasing need for inculcating respect for intellectual property in India."
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 will add $2 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. The projected IT growth during 2002-06 will stand at 148% if the piracy rate continues at the present level of 70%. However, the 10-percentage point reduction can up that growth to 163%.
Hard Disk loading of pirated software is turning out to be a menace to the genuine software distribution market in India. Large numbers of computer dealers indulge in encouraging customers to use pirated software instead of motivating them to purchase genuine software for various beneficial reasons.
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.

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you can still expect people to go out and purchase original Windows cds, but how do you pursuade them to purchase professional softwares such as Visual Studio or Adobe which cost thousands of rupees?

an OS won't give productive output as such, you'll need professional software to create something.

In India; where most of the people don't even afford a computer, you can't expect people to buy legal softwares. Both the OSes and professional softwares will have to be affordably & justly priced if the IT industry is serious about curbing piracy.
 
well, if one can't afford a computer, there's no need for software :bleh:
jokes apart, i think if u're doing productive or commercial activities, u shouldn't
use pirated software. Its ur duty to pay back the developers/programmers for
the hard work they've put in. On the other hand, according to me, all software
must be available FREE for non-commercial or educational purpose. :)
 
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