Recently, Microsoft Corp has taken legal action against three Shanghai companies over software piracy, showing that Microsoft will continue the fight against infringement not only by IT giants, but by small computer retailers as well.
The three companies are Shanghai Changfeng Information Technology Co Ltd (hereinafter refers to as Shanghai Changfeng) and its suppliers, Shanghai Chenyue Information Technology Co Ltd (hereinafter refers to as Shanghai Chenyue) and Shanghai Ziyue Network Technology Co Ltd (hereinafter refers to as Shanghai Ziyue). The case was brought to Shanghai 2nd Intermediate People's Court. Microsoft claimed a damage of 320,000 Renminbi Yuan and immediate order to stop the infringement.
The case was first heard on August 4, 2009. Microsoft alleged that its intellectual property representatives bought four compatible computers from Changfeng in a computer market last October. Upon careful review, Microsoft found that all the 4 computers were pre-installed with Windows XP software, which is all pirated software.
Microsoft alleged that such pre-installment has constituted copyright infringement and losses were caused. They sought for order that all defendants should bear legal responsibility for the copyright violation because Microsoft has never authorized any of the defendants to install or duplicate the software. In addition, it was difficult to find out who did the installations.
The defendants all denied installing the pirated software. They argued that Microsoft is asking for higher compensation and they even questioned evidence about the actual losses.
It is learnt that Windows XP software is self-developed products of Microsoft Corp. Microsoft is the original copyright-holder of the said software, and registered its copyright before the United States Copyright Office in November 2001.
