Microsoft (China) Co., Ltd has brought a lawsuit against Shanghai Gome Electrical Appliances Co., Ltd (Gome) and Beijing Outwards YueXiu Computer Market Limited Liability Company (Buynow) for software copyright infringement, requiring them to stop infringing and indemnify Microsoft for its loss.
Microsoft has put forward evidence to prove that Gome (LuWan store) installed pirated Microsoft Windows and Office software in computers it was selling. It argued that Buynow was jointly liable: as a result of poor supervision or poor management on the part of Buynow, - s two computer sellers (Beijing Hongguang century trade Co., LTD. and Beijing ZhuoYue element trade Co., LTD.) were installing pirated Microsoft Windows and Office software into the computers it sold.
Gome is the biggest retailer of 3G products in China, and Buynow is the biggest computer store nationwide. Microsoft had negotiated with the two sellers about the IP infringement many times; however, they continued with the infringing activity. In fact, the battle between Microsoft and these copyright pirates has lasted for more than 10 years, during which time Microsoft has been increasing its efforts to put an end to the piracy.
The government has been making a continuous effort to strengthen IP protection in China. Since the Special Action Campaign on Cracking Down on IPR infringement was carried out last year, the PSB has strengthened enforcement against the production and internet sale of pirated software. The PSB has since handled a number of cases and sentenced many criminals to fixed-term imprisonment. In the meantime, local AICs have also made increased efforts to fight counterfeit, pirated software. As a result, more than 50 dealers have been found to be engaging in illegal operations.
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