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Gautham ( Senior Software Engg)     26 May 2015

Please let me know which act or policy empowered microsoft

Hello Experts,

  Just for my Information I'm asking this Question.

  As per I know although (eg: Microsoft software) is not
Copyrighted by Indian governent, Use of pirated from
Microsoft is illegal.

 Please let me know which treaty or act or policy enpowered
 Microsoft to sue such piracy??

(Legal Framework Of Software Licensing Agreements In India
Software licensing agreements are basically dealt under
 three laws in India. They are copyright laws, contract law 
and Trade secret laws)

Regards,
Gautham



Learning

 6 Replies

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer)     01 June 2015

Their softwares are protected under Berne Convention, every MNC applies its software in India too, for added protection.

Gautham ( Senior Software Engg)     02 June 2015

Sanjog Pandere,

                Thankyou very much.

 

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Archana Pandey   13 January 2022

The Information Technology Act 2000 prevents the use of pirated software. Although, Under the Indian Copyright act a software pirate can be tried under both civil and criminal law. The minimum jail term for software copyright infringement is seven days, and the maximum jail term is three years. Statutory fines range from a minimum of 50,000 to a maximum of 200,000 rupees. Hope it covers all.

Aryan Raj   16 January 2022

Dear Archana,

Can you suggest a precedent case law for better understanding. 

Regards, 

Aryan Raj 

Archana Pandey   16 January 2022

Section 52 in the Copyright Act, 1957

52. Certain acts not to be infringement of copyright.—

(1) The following acts shall not constitute an infringement of copyright, namely:—

(a) a fair dealing with a literary, dramatic, musical or artistic work 1[not being a computer programme] for the purposes of— 1[(i) Private use including research;]

(ii) criticism or review, whether of that work or of any other work; 2[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme from such copy— 1[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme from such copy—"

(i) in order to utilise the computer programme for the purpose for which it was supplied; or

(ii) to make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;] 3[(ab) the doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer programme with other programmes by a lawful possessor of a computer programme provided that such information is not otherwise readily available; 3[(ab) the doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer programme with other programmes by a lawful possessor of a computer programme provided that such information is not otherwise readily available;"

(ac) the observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied;

(ad) the making of copies or adaption of the computer programme from a personally legally obtained copy for non-commercial personal use;]

 


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