In their battle against piracy, Microsoft Corporation and Adobe System can claim one victory as the Delhi High Court has ordered one person to pay Rs 10 lakh as compensation to the software majors for counterfeiting their licensed products.
After a seven-year long litigation, a single member bench of Justice Manmohan Singh held one Mahindra Saxena guilty of counterfeiting the products of Microsoft and Adobe and directed him to pay Rs 10 lakh as compensation to them.
"It (counterfeiting) causes financial damages not only to the plaintiffs (Microsoft and Adobe) but also amounts to deception to the public at large. At the same time, the government is losing high revenue because of such illegal activities ... (as) the counterfeiters do not maintain any account books nor pay any taxes," the court said.
"The plaintiff is entitled to Rs five lakh by way of compensatory damages as well as a decree in the sum of Rs five lakh on account of punitive/exemplary damages in the plaintiffs favour and against the defendant," the court added.
Earlier, on the request of the two companies the court had appointed a local commissioner who found "16 computer disks containing counterfeit and unlicensed software of the Plaintiffs (Adobe and Microsoft) at the premises". A CD case containing 17 computer disks having unlicensed software of Microsoft Corporation was also found.
Wednesday, July 22, 2009
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