both. The owner himself solicits these software by clearly telling the it services provider the nature of his business and the it services provider then installs all the software related to the company’s business most of them being illegal or pirated.
absolutely not. One can argue that the software is easily available on the internet but that does not make it legal.
at times, the company and the individual knowingly indulge in cheating both the software company (in terms of software prices) and the government (in terms of applicable taxes) and hence section 420 of indian penal code is applied.
no. It can at best be construed as an excuse.
not at all. It can just help you in getting some consideration with the law enforcing authorities but technically speaking, it is still illegal in the eyes of law.
no.section 64(1)”power of the police to seize infringing copies” of indian copyrights act 1957 clearly states that - ”any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence under section 63 in respect of the infringement of copyright in work has been, is being, or is likely to be, committed, seize without warrant, all copies of the work, and all plates used for the purpose of making infringing copies of the work, wherever found, and all copies and plates so seized shall, as soon as practicable, be produced before a magistrate.”
yes. Please refer to the answer above.
possibly. A criminal case is registered and then depending upon the merits of the case and the circumstances, the police may arrest a person or the honourable court may decide to grant custody to the accused if it feels necessary.
yes. If the investigating officer feels so.
yes. It carries a penalty of upto two laks per infringement.
absolutely not. It is not mandatory in the rules of law.
yes, because that makes the police see first hand the nature and type of the infringement and take necessary legal steps to register a case.
no. Please refer ques a.
the manufacturer of the software is automatically the copyrights holder across the globe and he can take necessary action to prevent violation / infringement of his copyrights.
the accused should immediately purchase the software an then approach the software company for help. The legal department of the company can then ask the complainants to help the accused in settling the case legally in a court of law.
co-operate with the police and the authorities and try and ensure minimum seizure and damage to their reputation.
the manufacturer of the software is automatically the copyrights holder across the globe and he can take necessary action to prevent violation / infringement of his copyrights.
the police sends the hard-disks seized to the forensic science laboratory who then establish the fact that the hard disks contain pirated software. They also provide a list of all the software installed on the hard disk which establishes the fact that the software was installed on the machine.