Microsoft wins first ever Internet piracy action in India

Microsoft has successfully brought the first ever action in India for the sale of pirated computer software over the Internet. The Delhi High Court this week passed a restraining order prohibiting Debasish Seal from selling pirated software over the Internet or infringing Microsoft's rights in any other manner.

It is hoped that the action would ensure that those running auction sites and other similar service portals in India would follow their counterparts in other countries and implement adequate notice and take down programs to prevent software piracy.

Evidence before the Delhi High Court showed that Seal had sold pirated Microsoft products, including the business application Microsoft Office Professional 2000, over an Indian auction website www.bidorbuyindia.com (which was acquired by Baazee.com last November).

The court was told that in August 2001 Seal had sought bids from the general public for the Microsoft Office software, specifying a minimum bid amount of Rs 300, well below the price of the genuine product. In November 2001 Mr Seal was again detected selling pirated software in the form of Microsoft Office XP.

The products were delivered by Seal in a recordable CD format and were not accompanied by user manuals, certificates of authenticity, end user license agreements or other necessary documentation. A technical expert verified that the CD contained illegal copies of the software.

"Internet piracy is growing rapidly and it has the potential to harm consumer confidence in conducting legitimate business online," said Anu Prakash, Corporate Attorney for Microsoft in India. "While e-commerce offers enormous benefits, consumers need to exercise a little caution and shop smartly online to avoid counterfeit goods."

Cyber News Service