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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?


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

Allegations Against the Respondents

Legal Notices and Lack of Compliance


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


Respondents’ Arguments


Analysis of the Law

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


Precedent Analysis

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


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:


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:

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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