MICROSOFT CORPORATION Vs. MANISH PODDAR

JUDGEMENT

(1.) The present suit has been filed by the plaintiffs against the defendants for permanent injunction restraining infringement of copyright, delivery up, rendition of accounts of profits as also damages and cost of proceedings.

(2.) The Plaintiff No.1, Microsoft Corporation is a company organised and existing under the laws of State of Washington, USA and is stated to be the owner of copyright in various software products including Microsoft Windows Operating Systems, Microsoft Office, and Microsoft Windows Server Systems etc. The Plaintiff No.2, Microsoft Corporation India Private Limited is the wholly owned marketing subsidiary of the Plaintiff No.1. The Plaintiff No.3, Adobe Systems Incorporated, is a company organized and existing under the laws of state of Delaware, USA and is stated to be the owner of copyright in various computer software programmes including Adobe Photo-shop, Acrobat, and Illustrator etc. The Plaintiff No. 4, Adobe Systems India Pvt. Ltd. is a marketing subsidiary of the Plaintiff No.3. The Plaintiff No. 5, Parametric Technology Corporation, is a company organized and existing under the laws of the State of Massachusetts, USA and is stated to be the owner of copyright in various computer software applications including the Pro/Engineer family of 3D design software. The Plaintiff No. 6, Parametric Tech (India) Private Ltd. is a marketing subsidiary of the Plaintiff No. 5. The Plaintiff No. 7, Corel Corporation is a company organized under the Canada Business Corporations Act, 1985 and is stated to be the owner of copyright in various software applications including World Perfect Office Suit, Win Zip and Corel Paint Shop Pro etc. The Plaintiff No.8, Siemens Product Life-cycle Management Software Inc. is a company organized and existing under the laws of the State of Missouri, USA and is stated to be the owner of copyright in various computer software applications including NX Nastran, Solid Edge, Tecnomatix and Teamcenter etc. The Plaintiff No.9, Dassault Systems Solid Works Corp., is a company orgainsed and existing under the laws of United States of America and is stated to be the owner of copyright in various software applications including Catia, Delmia, Enovia, 3DIVA etc.

(3.) The Plaintiff No.1, Plaintiff No.3, Plaintiff No.5, Plaintiff No.7, Plaintiff No.8 and Plaintiff No.9 are the owners of copyright in their respective software programs developed and marketed by them. They are stated to be the members of the Business Software Alliance (BSA), a non- profit association dedicated, inter-alia, to combat piracy in various parts of the world. The Plaintiff No.2, Plaintiff No. 4, and Plaintiff No. 6 market the software products of the Plaintiff No.1, Plaintiff No.3 and Plaintiff No.5 in India respectively. The plaintiff claims to have markets globally and is the biggest software publisher for personal and business computing in the world. These software programs are "computer programs" within the meaning of Sec. 2 (ffc) of The Copyright Act 1957 and are included in the definition of a 'literary work' as per Sec. 2 (o) of The Copyright Act 1957.