MICROSOFT CORPORATION Vs. SANJAY LANGAR

JUDGEMENT

(1.) The Plaintiffs have filed the present suit for permanent injunction inter alia seeking to restrain the Defendants from committing the acts amounting to infringement of Plaintiffs? copyright in its various software programs.

(2.) The Plaintiff No.1, Microsoft Corporation is a company organized and existing under the laws of USA and the Plaintiff No. 2, Microsoft Corporation India Pvt. Ltd. is the wholly owned marketing subsidiary of the Plaintiff No.1, set up in the year 1989 to provide marketing, promotion, anti piracy awareness campaigns and actions and channel development support to the Plaintiff No.1. The Plaintiff No.1, which was set up in the year 1975, is the biggest software publisher for personal and business computing in the world. It is engaged in the development, manufacture, licensing and support of a range of software products for various computing devices. The popular software products of the Plaintiffs include the most widely used operating system software, Microsoft Windows (various versions) and application software such as Microsoft Office (various versions) and Visual Studio (various versions).

(3.) It is averred in the plaint that the software developed and marketed by the Plaintiffs is a "computer program" within the meaning of Section 2 (ffc) of the Copyright Act, 1957 [hereinafter referred to as the "Act?] and is included in the definition of literary work as per Section 2 (o) of the Act. The Plaintiff No.1 being the owner of the copyright in the aforesaid literary works within the meaning of Section 17 of the Act, claims entitlement to all the exclusive rights following from such ownership as set out in Section 14 of the Act.