Delhi High Court Grants ₹2.78 Crore Damages and Permanent Injunction in Software Piracy Case — “Unauthorized Use of Licensed Software Is a Violation of Copyright, Not a Mere Contract Breach”: Court Upholds Tracking Evidence, Penalizes Willful Infringement
Delhi High Court Grants ₹2.78 Crore Damages and Permanent Injunction in Software Piracy Case — “Unauthorized Use of Licensed Software Is a Violation of Copyright, Not a Mere Contract Breach”: Court Upholds Tracking Evidence, Penalizes Willful Infringement

Delhi High Court Grants ₹2.78 Crore Damages and Permanent Injunction in Software Piracy Case — “Unauthorized Use of Licensed Software Is a Violation of Copyright, Not a Mere Contract Breach”: Court Upholds Tracking Evidence, Penalizes Willful Infringement

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Court’s Decision

The court ruled in favor of the petitioner, granting a permanent injunction against the respondents. This means that the respondents are legally prohibited from using, copying, or reproducing the petitioner’s copyrighted software programs without a proper license.
Additionally, the court awarded the petitioner compensatory damages of INR 2,78,34,320 and legal costs of INR 3,21,000 to cover expenses incurred in pursuing the case.

Why is this important?

  • The decision enforces intellectual property (IP) rights in software licensing.
  • It deters other businesses from engaging in similar software piracy.
  • The financial penalties reinforce the economic consequences of using pirated software.

Facts of the Case

The petitioner is a global technology company specializing in 3D simulation, Computer-Aided Design (CAD), Computer-Aided Manufacturing (CAM), and Computer-Aided Engineering (CAE) software. These software programs are used across various industries, including aviation, defense, and automotive sectors.

Software Licensing Model

  • The petitioner licenses (not sells) its software to users.
  • Users must accept an End-User License Agreement (EULA) before installing the software.
  • Unauthorized use is detected through tracking mechanisms embedded in the software.

Allegations Against the Respondents

  • The respondents were found using pirated versions of the petitioner’s software.
  • The infringement detection tool recorded multiple unauthorized installations across different devices.
  • Despite legal notices from the petitioner, the respondents continued using the software without proper licensing.

Legal Notices and Lack of Compliance

  • The petitioner sent multiple legal notices demanding the respondents stop using unlicensed software.
  • The respondents ignored or provided insufficient responses to these notices.
  • Attempts to resolve the matter through negotiations failed, leading to the present lawsuit.

Key Issues Before the Court

  1. Did the respondents use unauthorized copies of the petitioner’s software?
  2. Did this unauthorized use constitute copyright infringement?
  3. What damages (financial and legal) should be awarded to the petitioner?
  4. Should a permanent injunction be issued against the respondents?

Petitioner’s Arguments

  • The petitioner proved ownership of the copyrighted software and presented detailed infringement data.
  • They argued that the respondents continued to avoid paying for software licenses, causing financial loss.
  • The frequency and scale of piracy indicated intentional violation, not an accidental or one-time occurrence.
  • The legal notices sent to the respondents were ignored, further confirming bad faith.
  • The court should award damages equivalent to the lost revenue from unpaid licenses.

Respondents’ Arguments

  • The respondents initially claimed that they had valid software licenses, but could not provide proper documentation.
  • They argued that some of the software was purchased in another jurisdiction, believing that it could be used locally.
  • However, after being informed that the licensing did not permit cross-jurisdictional use, they failed to take corrective action.
  • After the interim injunction was granted, the respondents ceased to appear in court, further weakening their defense.

Analysis of the Law

The court examined copyright protection laws applicable to software licensing and intellectual property.
Key legal principles considered:

  • Copyright holders have exclusive rights to their software, including control over reproduction and distribution.
  • Unauthorized use of software without a valid license is copyright infringement.
  • Courts have the authority to grant injunctions and award damages for violations.
  • Tracking tools used by software companies provide legally valid evidence in court.

Precedent Analysis

The court referred to previous cases that established legal protection for software licensing agreements.
Key precedents included:

  • Cases where software companies successfully obtained injunctions against unauthorized users.
  • Rulings confirming that failure to respond to legal notices strengthens the plaintiff’s case.
  • Precedents affirming that unauthorized software use is a strict liability offense.

Court’s Reasoning

The court found substantial evidence proving that:

  1. The respondents used pirated software despite multiple warnings.
  2. The infringement detection tool tracked their activity over a long period.
  3. The respondents failed to provide any valid defense or appear in court after the interim injunction.

The court concluded that:

  • The respondents deliberately violated copyright laws.
  • Their actions deprived the petitioner of legitimate revenue.
  • The economic harm caused justified compensatory damages and injunctive relief.

Conclusion

The court issued a permanent injunction preventing the respondents from using the petitioner’s software without a valid license.
It also ordered them to pay:

  • INR 2,78,34,320 in damages (equivalent to the lost licensing revenue).
  • INR 3,21,000 in legal costs.

The court declined to order additional financial penalties since the awarded damages already covered the petitioner’s losses.


Implications of the Judgment

This case sets a strong precedent for protecting software copyrights.
Key takeaways:

  1. Strict enforcement of software licenses: Companies must ensure compliance with licensing agreements.
  2. Legal consequences of piracy: Businesses using unauthorized software risk heavy financial penalties.
  3. Use of technology in IP enforcement: Courts accept tracking tools as valid evidence in copyright disputes.
  4. Lack of response weakens the defense: Failing to contest allegations strengthens the plaintiff’s case.
  5. International licensing matters: Businesses must ensure they have the correct jurisdictional licenses before using software.

Also Read – Delhi High Court Dismisses Challenge to DJS Mains 2023 Evaluation: “Judicial Review Not a Substitute for Re-Evaluation; Answer-Key and Shortlisting Process Cannot Be Interfered With Unless Palpably Incorrect”

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