Should you be using pirated software on your devices? Here is what the Delhi High court has to offer

Should you be using pirated software on your devices? Here is what the Delhi High court has to offer

The plaintiffs are seeking an ad-interim injunction by way of the present application, pending the adjudication of the suit filed for permanent injunction, restraining infringement of copyright, rendition of accounts of profit, damages, etc. against the defendants as they have illegally acquired seven pirated copies of the ‘SOLIDWORKS’ software and are thereby infringing the copyright of the Plaintiffs. The said software is used for computer-aided design aimed at modelling and simulating three dimensional solid products.

The said software is protected under the Berne Convention and Section 40 of the Indian Copyright Act,1957 read with International Copyright Order, 1999. It is also categorized as a ‘Literary work’ and is entitled to be protected. To protect the said software the plaintiffs have created a system that is a security mechanism for protecting the copyright infringement and the mechanism/technology which also verifies the End User License Agreement.

After establishing communication, the plaintiffs wrote a mail to defendants to stop them from using the said software through unauthorized means. Even a cease-and-desist notice was also sent to the defendants on 9th December 2020. However, in July 2021 to assure the infringement, the plaintiffs checked their ‘Exalead Portal’ and discovered that the infringement was continued by the defendants.

After the prima facie is established by plaintiffs an interim injunction order is issued by Justice Sanjeev Narula of the Hon’ble Court in favor of the plaintiffs.

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