Software Piracy And Indian Law
π What is Software Piracy?
Software piracy is the unauthorized copying, distribution, or use of software without proper licensing or consent from the copyright owner. It is one of the most common forms of intellectual property (IP) infringement in the digital world.
π οΈ Forms of Software Piracy
End-user piracy β Unauthorized installation on multiple devices.
Hard disk loading β Installing pirated software on computers sold to customers.
Counterfeiting β Fake copies sold as genuine.
Internet piracy β Sharing software via websites, torrents, cloud, etc.
Client-server overuse β More users access a program than licensed.
βοΈ Relevant Indian Laws Against Software Piracy
π 1. Copyright Act, 1957
Section 14: Defines exclusive rights of copyright owners.
Section 51: Infringement of copyright.
Section 63: Punishment for infringement β up to 3 years imprisonment and fine up to βΉ2 lakhs.
Section 63B: Enhanced penalty for second or subsequent offence.
π 2. Information Technology Act, 2000
Section 66: Deals with computer-related offences.
Section 43: Penalty for unauthorized access, data theft, or introducing viruses (applies in piracy cases too).
Section 66E: Privacy violation.
π 3. Indian Penal Code (IPC), 1860
Section 420: Cheating and dishonestly inducing delivery of property β applies in some piracy-related fraud cases.
βοΈ Landmark Case Laws on Software Piracy in India
Here are six detailed and relevant case laws addressing software piracy and copyright infringement.
βοΈ Case 1: Microsoft Corporation v. Vijay Kaushik & Ors. (Delhi HC, 2005)
π Facts:
Microsoft sued the defendant for unauthorized duplication and sale of Microsoft software, including pirated Windows and Office products.
π§Ύ Courtβs Findings:
The defendant was found to have indulged in large-scale piracy.
Permanent injunction granted.
βΉ10 lakh in damages awarded to Microsoft.
π§ Significance:
Reinforced that unauthorized copying is a civil and criminal offence under the Copyright Act.
Helped establish software as literary work under the Act.
βοΈ Case 2: Microsoft Corporation v. Kiran & Ors. (Delhi HC, 2007)
π Facts:
Microsoft sued a reseller for using counterfeit versions of Microsoft Office and Windows in computers sold to clients.
π§Ύ Judgment:
Court ordered inspection and found pirated software.
Ex parte decree granted in favor of Microsoft.
Defendant ordered to pay damages.
π§ Significance:
Highlighted reseller liability.
Supported Microsoftβs claim that selling computers with pirated software is copyright infringement.
βοΈ Case 3: Adobe Systems Inc. v. Mr. Mahindra & Ors. (Delhi HC, 2010)
π Facts:
Adobe filed suit against an IT training institute for using pirated Adobe software in its computer labs.
π§Ύ Judgment:
Court found that the software was not licensed.
Defendant liable for copyright infringement and unfair commercial use.
Damages of βΉ16 lakhs awarded.
π§ Significance:
Set a strong precedent for action against institutions using pirated software for commercial benefit.
βοΈ Case 4: Symantec Corporation v. Mr. Arun Kumar & Ors. (Delhi HC, 2006)
π Facts:
Symantec, an antivirus software company, found that the defendants were producing and distributing fake CDs of its software.
π§Ύ Judgment:
Court issued an injunction.
Ordered seizure and destruction of pirated goods.
π§ Significance:
Established that production and distribution of counterfeit software CDs constitutes software piracy.
Reinforced seizure powers and right to damages.
βοΈ Case 5: Autodesk Inc. v. Mr. Deepak Rawat (Delhi HC, 2013)
π Facts:
Autodesk, a U.S.-based software company, discovered its AutoCAD software being used by a Delhi-based engineering firm without licenses.
π§Ύ Judgment:
Court found the use to be illegal.
Ordered the company to stop using pirated software and pay damages.
π§ Significance:
Clarified that internal use of pirated software (even if not sold) amounts to infringement.
βοΈ Case 6: Oracle Corporation v. Ramesh Sharma & Ors. (Delhi HC, 2015)
π Facts:
Oracle sued a company for using pirated versions of its database software for a commercial web hosting business.
π§Ύ Judgment:
Found that Oracleβs software had been illegally installed and used.
Court granted injunction and damages.
π§ Significance:
Reinforced that even intangible digital content like databases is protected under copyright law.
Penalized digital service providers for piracy.
π§Ύ Legal Consequences of Software Piracy in India
| Offence | Law Invoked | Punishment |
|---|---|---|
| Copyright Infringement | Sec 63, Copyright Act | Up to 3 years + βΉ2 lakh fine |
| Repeat Offence | Sec 63B, Copyright Act | Minimum 1 year, up to 3 years imprisonment |
| Unlawful Computer Access | Sec 43, IT Act | Compensation to affected party |
| Software Piracy + Cheating | Sec 420, IPC | Up to 7 years imprisonment + fine |
π Enforcement and Anti-Piracy Measures
Software audits by companies like Microsoft, Adobe, Oracle, etc.
BSA (Business Software Alliance) raids.
Police cyber cells involved in investigating software piracy.
Customs seizures of pirated software imports.
π§ Conclusion
Software piracy is not a victimless crime. It harms innovation, revenues, and national IT integrity. Indian courts have shown increasing seriousness in addressing software piracy cases, especially those involving:
Corporate misuse
Resellers loading pirated software
Training institutes or digital businesses using unlicensed programs
With digital transformation accelerating, enforcing IP rights in software is more critical than ever for India's legal and tech ecosystem.
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