Microsoft Corporation

VS
Deepak Raval
Judge – Prof. Sagar Bedre

Lawyers:
Charankumar (18BSP3987)
Priyank Pradhan (18BSP4015)
Sandeep Kumar (18BSP4016)
Akshay Chandiramani (18BSP4087)
Jenil Chheda (18BSP4123)
Anjali Khulge (18BSP4138)
 Facts of the Case
• The Plaintiff, has filed a suit against the defendant under the copy
right act 1957 for infringement.
• The defendant had been selling the Microsoft software without the
plaintiff’s permission and was making it their business model to
generate revenue.
• Plaintiff had hired an independent investigator to investigate the
matter and find the differences.
• The defendants were practicing this for the last 5 years which is from
2000-2005.
• The analysis and the reports show that the plaintiff had suffered a
loss of 1,28,23,200/-
 Procedural History of the Case
Plaintiff Microsoft India pvt ltd
Defendant Deepak Raval and company
Jurisdiction Delhi High Court
Judge Justice A.K. Sirki

• Case is about violation of Intellectual property rights

• About Microsoft India Pvt Ltd
• Microsoft Vs Deepak Raval and company
 Issues in the Case
• The case is that the defendant has violated the Copyright Act and is
selling unauthorised software under the name of plaintiff.
• Internet Piracy - the defendant No. 1 is stated to be one of the
Directors, is also indulging in this illegal activity of counterfeiting and
piracy.
• It is the case of the plaintiff that in October, 2002, the plaintiff
received the information that the defendants are infringing the
plaintiff's copyright, trade marks and other intellectual property rights
by carrying on business of unauthorised hard disk loading i.e. pre-
loading various software of the plaintiff company onto hard disk of
the computer that were being assembled and sold by them.
 Sections covered under the Case
• Copy Right Act 1957
• Section 2(ffc) in the Copyright Act, 1957
Computer Programme, means a set of instructions expressed in words,
codes, schemes or in any other form, including a machine readable medium,
capable of causing a computer to perform a particular task or achieve a
particular result.
• Section 51 (1)
Copyright in the work shall be deemed to be infringed, when any person,
without a license from the owner of copyright does anything, the exclusive
rights of which are granted to the owner of the copyright which are the
primary acts of infringement.
 Analysis of the Case
• On analysis it has been found that Mr. Deepak Raval has copied
Microsoft office software, copy right, trade mark and other IP rights.
• The defendant sold computer by installing unlicensed software of MS
Office on the machines.
• Microsoft cross verified the unlicensed software installed on the
machines.
• Loss incurred by Microsoft was Rs. 1,28,23,200.
• Microsoft kept a case on the defendant and judgement disclosed that
the defendant has to pay Rs. 5 lakh to Microsoft corporation.
 Conclusion

• Sandeep