Court Orders FIR on Microsoft's Complaint - The New Indian Express

Court Orders FIR on Microsoft's Complaint

Published: 12th February 2014 02:37 PM

Last Updated: 12th February 2014 02:44 PM

A Delhi court has ordered lodging of a criminal case against unknown persons for allegedly conspiring and cheating software giant Microsoft Corporation by infringing its copyright and uploading pirated softwares on customers' laptops and other devices.

Chief Metropolitan Magistrate (CMM) Veena Rani ordered registration of FIR on the complaint of US-based Microsoft Corporation and its Indian arm, Microsoft Corporation India Pvt Ltd.

The court directed the Economic Offence Wing (EOW) of Delhi Police to register the case against unknown persons under relevant provisions of law and investigate the matter.

"In the present case the complainant (Microsoft) has specifically averred that some unknown persons/firms are indulging in the piracy of the complainant's software and this is causing severe losses to the complainant company both in terms of money as well as in terms of reputation.

"I have also perused the packaging of the product one of which is counterfeit. I am satisfied that an investigation is required into the allegations. I, therefore, direct the SHO/EOW to register an FIR and conduct the investigation in the matter with the help of the complainants?herein," the CMM said.

Microsoft had approached the court seeking registration of case against some unknown persons and firms under section 63 (offence of infringement of copyright) and section 65 (possession of plates for purpose of making infringing copies) of the Copyright Act and for cheating and criminal conspiracy under the IPC.

The complaint said the company is the owner of copyrights in various computer programs developed by it and no person has the right to use the software belonging to it without licence or permission or its consent and any person doing so would infringe the copy right of the plaintiff.

"In December 2013, one of the representatives of the complainants came to know that some unknown persons/firms are indulging in piracy of complainants software and this is causing severe losses to the complainants both in terms of money and goodwill and reputation," it said.

Microsoft alleged that some unknown persons are dealing in sale of branded desktops or laptops and they are uploading the pirated software of the complainants on the devices of their buyers, infringing its copyright and also cheating customers by inducing them to buy pirated versions of the software.

It said Microsoft has neither allowed nor authorised those persons to use their registered software and they are not connected to it in any manner.

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