Intellectual Property Rights

Cheaper to pirate than purchase?

Microsoft Corporation and Ors. v. Susheel Kumar and Ors.

MANU/DE/3014/2015

23.09.2015

In a case against large pirating of Microsoft software (yes, makers of the little known ‘Windows’, ‘Office’ and ‘Bing’), the Delhi High Court laid heady damages of Rs. 5 lakhs against a most prolific Blackbeard of unpaid-for software. Given that Karle Group, with a dedicated IT Department no less, was running nearly 300 computers with Microsoft software on which over 200 unlicensed pieces of Microsoft software were found installed, the ‘punitive’ damages are more flea-ting than they first seem. Especially since 55 computers were erased of illicit software(s) during the conduct of search. Microsoft had estimated the damage suffered to over Rs. 17 lakhs.

“Maximum Retail Price, otherwise known as free”

Relevant

Without the dreaded ‘takedown’ notices of the United States, and disconnection of habitual illegal software and media sharers in the European Union, India, an enormous potential market for Western software firms, is nascent in its anti-piracy measures. Figures by BSA, a global consortium of software developers, estimated that in 2013 India was home to over $2.9 billion worth of unlicensed software. Cue growth in broadband uptake and greater internet penetration with over 15 million wired broadband subscribers and over 78 million wireless internet subscribers (showing a whopping 16 per cent monthly growth, according to TRAI Telecom Data on 31st January 2015), Western software firms emboldened by government overtures, and the need to distance from China’s example (Copy? Right!), it is only a matter of time before that tug of war begins.

Tags : Software pirate unlicensed Microsoft punitive

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