Software copyright infringement established on unrebutted evidence, supporting permanent injunction and punitive damages against unauthorized sellers.

Copyright in software and user manuals was established as original literary works, and the plaintiffs relied on the statutory exclusivity attached to that ownership. Unauthorized hard-disk loading and sale of software without original media, authenticity certificates or licence documents supported a finding of infringement. With the defendants offering no rebuttal evidence and their written statement closed, the plaintiffs' evidence remained unchallenged and the infringement case was accepted. On that basis, the plaintiffs obtained permanent injunctive relief, punitive damages and costs, with prior interim injunction orders also taken into account in assessing the final relief.

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Issues: Whether the plaintiffs established copyright infringement and were entitled to permanent injunction and damages on the basis of unrebutted ex parte evidence.

Analysis: The plaintiffs proved ownership of copyright in the software and manuals as original literary works, and relied on the statutory rights flowing from such ownership. The evidence showed unauthorized hard-disk loading and sale of software without original media, certificates of authenticity or licence documents. The defendants led no rebuttal evidence and their written statement was closed, so the plaintiffs' evidence remained unchallenged. On that basis, the Court accepted the plaintiffs' version and found the infringement case made out. The Court also considered the damages computation and the prior injunction orders already passed in the matter.

Conclusion: The plaintiffs were entitled to a permanent injunction, punitive damages of Rs. 2 lakh and costs.

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