Beijing No.1 People’s Intermediate Court recently made a first-instance judgment in favor of Microsoft Corporation in an infringement case against Beijing Newsmy Ideal Digital Technology Co., Ltd (hereinafter “Newsmy Co.”) , a famous Chinese supplier of portable digital devices. Microsoft alleged that Newsmy used without authorization 42 sets of Microsoft software products including Microsoft Windows and Microsoft Office. Newsmy was ordered to stop infringement and indemnify 410,000 Renminbi yuan in damages. It is reported that this is the first lawsuit in Beijing against the corporate end-user for using pirated Microsoft software.
In December 2009, Microsoft found that Newsmy installed and used Microsoft software without authorization and filed a complaint before Beijing Cultural Market Administrative Enforcement Team. On January 19, 2010, the enforcement officials made a check on Newsmy, and found that Newsmy installed and used 42 sets of pirated Microsoft software, including Windows XP professional Chinese version, Windows7 Ultimate version, Office2003 and Office2007 professional Chinese version. In July 2010, an administrative decision was made to order Newsmy to stop infringement immediately and pay a penalty of 26,000 Renminbi yuan.
Since Newsmy continued infringement even after the sanction was imposed, Microsoft then brought the case before the court in January 2011.Upon review, the court made the decision in favor of Microsoft.
