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
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