Copyright in software
Baiju Mehta
(Querist) 31 May 2013
This query is : Resolved
Software Piracy is an offence. Through out the world many PC user are avoiding to purchase Lic. software by one or another reasons.
Now software Cos. started threatening to Computer User and as well as Computer Dealer for software Piracy, forcing them to buy Lic. Copy or they make suit against them with imprison of 5 year Jail.These company are selling software at different price according to their choice. One can say his is because of monopoly business.
What will be responsibility of User and Traders in this matter. What will be the rights of Users if they are using Piracy software. What is the legal responsibility
elgin matt
(Expert) 01 June 2013
Dear Mr. Mehta,
Usage of pirated software either by dealers or user is an offence and the owners of the software have a right to enforce the same against offenders. However your second query regarding creating of monopoly by the manufacturer is a debatable question. Under the morden economic policy promotion of competition between manufacturers and service providers is now a norm and those who use various means like cartels, retail price maintainence or using of dominant position in the market to restrict entry of new players can be held accountable by the competition commission of india for indulging in unfair trade practices. At the same time one cannot deny the fact that owning a copyright on a product means you have the right to fix its price. In this context you will have to identify the reason why you suggest that a monopoly is being created by the software copyright holder. The area of competition laws is very specific to the macro approach to economics that is one would see whether dominant position of a company is being abused by the company and in what manner. You would also realise that the software owner has a legal right to fix the right to fix prices and restric other manufacturers or developers from copying his software and that is not covered in unfair trade practices under competition law. In fact all forms of intellectual property that create exclusive rights over their products are excluded from the perview of competition law in india but ifcourse there sre exceptions.
