Copyright protection for software manuals extends to unauthorized hard disk loading and supports injunction and damages.

Copyright in software and manuals can be protected in India as original literary works under the Copyright Act, 1957 and the International Copyright Order, 1999. Where the copyright owner proves ownership and unrebutted evidence shows unauthorized hard disk loading of unlicensed or pirated software, the material supports a finding of infringement. Ex parte evidence, including a local commissioner's report and technical examination, may be sufficient when unchallenged. On that basis, the court record supported permanent injunction, damages and costs in favour of the plaintiffs.

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Issues: Whether the plaintiffs established copyright infringement by the defendants and were entitled to permanent injunction, damages and rendition of accounts.

Analysis: The plaintiffs proved ownership of copyright in the relevant software and manuals as original literary works, and showed that such works were protected in India under the Copyright Act, 1957 and the International Copyright Order, 1999. The defendants were proceeded ex parte and the plaintiffs' evidence, including the local commissioner's report and technical examination, remained unrebutted. The record showed unauthorized hard disk loading of unlicensed and pirated software on the defendants' computers, constituting infringement within the meaning of the Copyright Act, 1957.

Conclusion: The plaintiffs were entitled to a decree of permanent injunction, damages of Rs. 2 lakhs and costs, and the suit was decreed accordingly.

Final Conclusion: The civil action was finally decided in the plaintiffs' favour on the basis of proved ownership, unrebutted ex parte evidence and established unauthorized use of the copyrighted software.

Ratio Decidendi: Unrebutted proof of copyright ownership and unauthorized loading of software on hard drives establishes infringement and justifies injunctive and monetary relief.

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