Software copyright infringement: unrebutted ex parte evidence supported injunction, lump-sum damages, and costs despite missing turnover data.

Unrebutted ex parte evidence, including copyright certificates and proof of unlicensed installations, established software copyright infringement and entitled the plaintiffs to a permanent injunction. The Court treated software programmes as computer programmes and literary works protected under the Copyright Act, and also noted the statutory framework giving effect to international copyright protection. Although no turnover evidence was available to assess accounts precisely, the Court awarded lump-sum compensatory damages and costs to deter software piracy.

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Issues: (i) Whether the plaintiffs established copyright infringement in respect of their software and were entitled to a permanent injunction; (ii) Whether the plaintiffs were entitled to damages and costs despite no evidence of the defendants' turnover.

Issue (i): Whether the plaintiffs established copyright infringement in respect of their software and were entitled to a permanent injunction.

Analysis: The plaintiffs produced unrebutted ex parte evidence, including copyright certificates and material showing unlicensed installations at the defendants' premises. Software programmes were treated as a computer programme within the meaning of the Copyright Act and also as literary works. Protection was also noted under the statutory framework giving effect to international copyright protection.

Conclusion: The plaintiffs were entitled to a decree of permanent injunction.

Issue (ii): Whether the plaintiffs were entitled to damages and costs despite no evidence of the defendants' turnover.

Analysis: The absence of turnover evidence made precise assessment of accounts impossible, but the Court relied on the need to deter software piracy and awarded compensatory damages on a lump-sum basis, along with costs.

Conclusion: The plaintiffs were entitled to damages of Rs. 5,00,000/- and costs.

Final Conclusion: The suit was decreed with injunctive relief, compensatory damages, and costs in favour of the plaintiffs for proven software piracy and infringement.

Ratio Decidendi: In an unrebutted ex parte copyright infringement action involving software piracy, the Court may grant a permanent injunction and award lump-sum compensatory damages and costs even where precise accounts cannot be determined for want of turnover evidence.

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