Cyber Law media get your facts right please
I, Sarbajit Roy get mightily pissed of when I read all these ill informed news stories appended below. Although my HACKING COMPLAINT is the second complaint under sections 43 and 66 pending for adjudication with Secy. IT GNCTD Parkash Kumar at Delhi, but on 2 May 2003 I was the first person to petition the Supreme Court of India on a matter under section 43 and 66 of the IT Act 2000 because the Adjudicating Officers had not been notified. This post is just to set the record straight since voluntary settlements of about Rs.3,000,00,00,000 (Three Thousand Crores) was made in that matter which concerned mobile phones as computers and denial of Services DoS- remember the famous slogan "Kabhi Mobile Kabhi Computer"!!
Antares Systems sues CommerceOne arm — AP Govt arraigned in IPR case
Our Bureau
Bangalore , July 25
CLOSE on the heels of filing the first lawsuit under Indian cyber law, Antares Systems Ltd, the Bangalore-based IT firm, has filed a case against an e-governance project in the Delhi High Court for alleged infringement of intellectual property rights (IPRs) and unfair competition. The case has been filed against C1 India Pvt Ltd, a subsidiary of Nasdaq-listed CommerceOne. The Government of Andhra Pradesh and Principal Secretary, Department of IT and Communications, AP have been arraigned as parties.
Antares has urged the Delhi HC that C1 India and the AP Government be restrained from infringing its copyright in its e-tendering software product Tenderwizard and from relying upon, in any manner whatsoever, the features of Tenderwizard, said the company's Senior Vice-President, Mr R. Kamath.
Further, Antares had also sought permanent injunction restraining the C1 India Pvt Ltd including AP Government from proceeding ahead with e-procurement initiative in question, as the matter was subjudice, Mr Kamath added.
Antares has alleged that the IPRs of Tenderwizard have been infringed by C1 India and other respondents. It has been alleged in the plaint that C1 India teamed up as a consortium with Antares, along with Microsoft and Compaq as other partners for joint bidding of the e-procurement initiative of Government of Andhra Pradesh and thereafter, copied and reverse engineered the e-tendering software of Antares and deployed the software in AP Government. The Delhi HC on July 21 has directed C1 India and AP Government to file their written statement within one week and further directed Antares to file its reply within one week thereafter. The matter has been adjourned to August 13 for arguments on injunction application.
First case under Indian cyberlaw filed
July 11, 2003 14:32 IST
A Bangalore-based company on Friday claimed to have filed the first-ever case for damages by way of compensation under the Indian cyberlaw.
Antares Systems Ltd, operating in the electronic tendering product space, said it has filed the case against C1 India Private Ltd and four others under sections 43 and 46 of the Information Technology Act, 2000.
Antares filed the case for damages against C1 India, the New Delhi-based subsidiary of Nasdaq-listed Commerce1, alleging violation of copyright and intellectual property rights.
The company is seeking damages of Rs 25 lakh (Rs 2.5 million), along with interest at the rate of 24 per cent per annum.
Antares' senior vice-president R Kamath told a news conference in Bangalore that his company has also charged the respondents with, among others, developing their own e-tendering solution by copying the essential features of the company's product, Tenderwizard.
According to Kamath, the case, filed on behalf of the company by Supreme Court advocate Pavan Duggal, who specialises in cyberlaw, was pending before Prakash Kumar, adjudicating officer under the Information Technology Act, 2000, and special secretary (IT), Delhi government.
Antares claimed that the respondents collaborated with the company to jointly bid as a consortium for the e-procurement initiative of the Andhra Pradesh government.
However, C1, the lead bidder, executed the agreement with the Andhra government for the deployment of the project without the knowledge of Antares and completely cut the company out of the venture, he alleged.
The project, valued at about Rs 8 crore (Rs 80 million), consisted of an e-procurement component and an e-tendering component, he said, adding that Antares' speciality was its electronic tendering product Tenderwizard.
Kamath claimed that Antares shared the user ID and password of Tenderwizard with C1 for online evaluation but the latter, after the successful bid, 'dumped' Antares.
C1 had earlier asked for and got access to the user identification, password and navigation details of Tenderwizard from Antares and this information was used by C1 to 'reverse engineer' its own e-tendering software, Suresh Kumar alleged.
Antares also accused C1 of having downloaded and/or copied as also extracted data and information from its computer system or network.
Complaints to the Andhra government in this regard did not elicit any response, he said.
It said the case came up for hearing on July 9 and as the counsel for the respondents sought time, the adjudicating officer adjourned it to August 13.
First case filed under cyberlaw
Our Bureau
New Delhi, July 11
A BANGALORE - BASED company has filed the first case for damages by way of compensation under Indian Cyberlaw ever since the Indian Information Technology Act came into effect in the year 2000.
The case has been filed by Antares Systems Ltd against C1 India Pvt Ltd and four others under Section 43 and 46 of the Information Technology Act, 2000.
The case has been filed and is pending before Mr Prakash Kumar, Adjudicating Officer under the IT Act, 2000 and Special Secretary (IT), Government of NCT of Delhi, according to Mr Pavan Duggal, the advocate specialising in Cyberlaw. Mr Duggal is representing Antares Systems in the case.
Antares Systems, which operates in the electronic tendering product space, has alleged that C1 India violated copyright and intellectual property rights and sought Rs 25 lakh as damages and an interest thereon at the rate of 24 per cent annually.
Antares also charged the respondents with developing an e-tendering solution by copying the essential features of its product, `Tender Wizard.'
The respondents collaborated with Antares to jointly bid as a consortium for the e-procurement initiative of the Andhra Pradesh Government, it is alleged. During the preparation period, the complainant, on the insistence of the respondents, had shared the user ID and password of Tender Wizard for the purpose of online evaluation of the same.
However, the respondents, after successfully bidding for the e-procurement initiative of Andhra Pradesh Government, dumped the Antares Systems, it is alleged.
The case will now come up for hearing on August 13, Mr Duggal said.
Maya Sharma
Watch story IT firm seeks damages from AP govt
Thursday, July 17, 2003 (Bangalore):
The first case for damages by way of compensation under Indian cyberlaw has been filed by a Bangalore-based software company.
Antares Systems claims that it was dumped by another firm with which it had formed a consortium to deal with the Andhra Pradesh government.
The background
Antares had developed a software called 'Tenderwizard' to help in the process of electronic tendering - and this has been successful in some Karnataka government departments.
When the Andhra Pradesh government was looking for such software, Antares joined a consortium formed by Commerce One India to bid jointly for the project.
"We had given all the information about our product. We also gave them the password and the user code to get into our website to learn more about our product. So we gave all this information with the intention of bidding for the project as one unit. Once it was awarded, we were not told about it. We felt we have been basically dumped once the project was awarded to them," alleged Suresh Kumar, CEO, Antares Systems Ltd.
Seeking answers
Antares has now filed a complaint under the Information Technology Act and is seeking compensation of Rs 25 lakh, the first time financial damages have been sought under this Act.
The case came up for hearing earlier this month in New Delhi and Commerce One India has been given time till July 31 to file a reply.
Antares is in the process of taking legal steps against all parties, including the government of Andhra Pradesh.
Antares files cyber law suit against C1
DH News Service BANGALORE, July 11
In what seems to be first case under Indian Cyber Law seeking compensation, a Bangalore-based software firm has claimed damages of Rs 25 lakh from C1 India, a subsidiary of US-based Commerce One, for alleged violation of its intellectual property rights.
Antares Systems, solutions provider for electronic tendering process, has charged C1 India with developing e-tendering solution by copying essential features of its product — Tenderwizard.
Briefing reporters, Antares CEO Suresh Kumar said C1, Microsoft, Compaq and his company had jointly bid for and won a Rs 8 crore contract last year to deliver e-procurement solution for Andhra Pradesh government.
Following this, Antares shared user ID, password and navigation details of Tenderwizard with C1 for online evaluation.
But after successfully bidding the project, C1 used details and features of Tenderwizard to develop its own e-tendering software by “reversing engineering”, he claimed.
Mr Suresh Kumar said C1 executed the agreement with AP government for deployment of the project without Antares knowledge.
Dr R Kamath, Senior Vice President, Antares, said case has been filed against C! and its four officials under Section 43 and 46 of Information Technology Act, 2000.
The case, filed on behalf of the company by Supreme Court Advocate Pavan Duggal, a cyber law specialist, was pending before Mr Prakash Kumar, Adjudicating Officer under the IT Act, 2000.
The case, which came up for hearing on Wednesday before the adjudicating officer in Delhi, had been adjourned till August 13, he said.
Software crimes, easy getaways
Tuesday, 23 December , 2003, 08:27
Discuss: Piracy exists merely because most software is overpriced
Admit it. When was the last time you actually "bought" original software? Chances are the software you are working on at home or in office is pirated. But that's something we have learnt to ignore.
In fact, the National Association of Software and Service Companies (NASSCOM) survey in India claims that software piracy in India was 64 per cent in the financial year 2002-03 which amounts to a loss of Rs 1,500 crore the same year. NASSCOM is, however, working towards bringing the target down to 25 per cent by the year 2008. But its initiatives don't seem to be heading anywhere.
A recent example would be Dew Soft, an IT company that deals with online education. The management has alleged that two of its former employees - Om Prakash and Ram Pravesh - stole one of their educational software. The sad part is that the company is finding it difficult to lodge a complaint at the Prasad Nagar police station. "We went to the police in October but they are yet to register a complaint," says Rishi Sahdev, the company's MD.
He thinks the cops' ignorance about the impact of software piracy is a major reason why they haven't yet registered an FIR. "The police don't understand data theft," says he.
This, of course, is not the first instance of software piracy. The first reported case of software piracy was as late as June 2003 involving Antares Systems vs C1 India Pvt Ltd. For the record, the IT Act was passed in October 2000. "The reason is that the Government issued the notification for appointing adjudicating officers only this March. Only after that was a real forum for seeking damage created," says advocate Pavan Duggal, an expert in cyberlaws.
In another case, a US company got an Indian firm to develop an Indian version of one of their softwares. Two employees of the Indian company stole a copy of the source code, quit the company to join another one and then misused the source code. As per Duggal, the case was resolved after the source code was returned. "The company didn't get the two persons convicted fearing negative publicity," adds he.
Piracy of software is an easy task for any amateur progammer. All you need to do is copy the software on to blank CDs and develop either a crack or a key generator programme to register your copy of the software.
Only recently a Delhi-based company had received an order from an EU client for developing GIS (Geographic Information System) software. The local company gave the project to nine employees. After about 90 per cent of the software was completed, the nine employees started demanding a salary hike. The management asked them to turn in their resignations. They resigned alright but not without doing the damage. "During the period they deleted almost 90 per cent of the GIS software worth Rs 60 lakh. The company did not seek damages fearing they will not receive any order in future," says Duggal.
According to him, one can approach high courts for injunctions or seek damages under the IT Act. But companies usually avoid the legal hassle because some arbitrary powers have been provided to police superintendents.
"They can arrest anyone who, in their opinion, have committed, are committing or are going to commit a cyber crime. Moreover, they can do so without issuing a warrant," says Duggal.
"To add insult to the injury, section 84 of the IT Act provides absolute immunity to the police officials engaging in the search operation if they have done so in good faith," adds he.
Another reason is the amount of non-refundable processing fee the companies have to submit to the government. "Under the IT Act, for every one lakh of compensation, companies have to deposit Rs 2,000 to the government," informs Duggal.
Interestingly, for cases filed under the Copyright Act, 1957, the normal court fee structure is followed. Duggal says India needs designated software courts.
C1 refutes Antares claim; to sue for defamation
Fakir Chand in Bangalore | July 25, 2003 20:40 IST
C1 India Ltd, a subsidiary of the US-based Commerce 1, on Friday refuted the claims of Antares Systems Ltd, a Bangalore-based IT firm operating in the electronic tendering product space, that it had violated the latter's copyright and infringed upon its intellectual property rights.
In response to a questionnaire on the case filed by Antares against C1 and four others under sections 43 and 46 of the Information Technology Act, 2000, C1 president and chief operating officer Vivek Agarwal told rediff.com that the company was upset to notice that such frivolous allegations were made in spite of the matter being sub-judice.
* First case under Indian cyberlaw filed
"Antares is trying to publicise the case, and we shall file a defamation case against it. We are determined to fight this case, and we are sure that we will win," Agarwal asserted.
Antares filed the case against the New Delhi-based subsidiary of Nasdaq-listed Commerce1, seeking damages of Rs 25 lakh (Rs 2.5 million), along with interest at the rate of 24 per cent per annum.
The case, filed on behalf of the company by Supreme Court advocate Pavan Duggal, is pending before Prakash Kumar, adjudicating officer under the Information Technology Act, 2000, and special secretary (IT), Delhi government.
The case came up for hearing on July 9, and as counsel for the respondents had sought time, the adjudicating officer adjourned it to August 13.
According to Agarwal, Antares approached C1 for a tie-up and offered to demonstrate its product. It negotiated with C1 for a possible tie-up, which did not materialize.
"We asked Antares to send its official for the demonstration of its software. The company, however, told us to visit its test site and see the software for ourselves. Now, it is accusing us that since we saw its test site, we copied its software. This is an unrealistic accusation to make," Agarwal alleged.
Antares' senior vice-president R Kamath told a news conference in Bangalore on July 11 that his company had also charged the respondents with, among others, developing their own e-tendering solution by copying the essential features of the company's product, Tenderwizard.
Kamath also claimed that Antares shared the user ID and password of Tenderwizard with C1 for online evaluation, but the latter, after the successful bid, 'dumped' the company.
Denying the charge, Agarwal said his technical team had confirmed that the password, which was supplied by Antares, never worked.
"Even if we have visited the site, nobody can copy the software by visiting the test site," Agarwal said.
Elaborating the company's stand on the case, Agarwal said that any software would be made of three components:
* Look and feel of software: This includes the formats in which one can see the software. And in C1's case, this has been completely governed by the Andhra Pradesh government. Every department gives its own look and feel requirements.
* Process: This includes defining the workflow and the level of authorities that each department can give to each individual in the department. Again, this has been completely governed by the Andhra government. Every department gives its own process requirements.
* Technical architecture: This is the technology C1 uses. While Anatres uses Oracle and Java, C1 uses Microsoft.
"So where is the question of copying the software? We represent Commerce 1 in India, and if at all we will be influenced, we will be influenced by Commerce 1, and not from a company like Antares," Agarwal stated.
"Any company would be crazy if it attempts to first copy the software in Java and then convert it into Microsoft platform," he said.
Earlier, Antares had claimed that the respondents collaborated with the company to jointly bid as a consortium for the e-procurement initiative of the Andhra Pradesh government in September last.
Anatres, however, claimed that C1, as the lead bidder, executed the agreement with the Andhra Pradesh government for the deployment of the project without its knowledge and consent.
The project, valued at Rs 8 crore (Rs 80 million), consisted of an e-procurement component and an e-tendering component.
Antares also accused C1 of having downloaded and/or copied as also extracted data and information from its computer system or network.
The company said complaints to the Andhra Pradesh government did not elicit any response so far.
Antares files case against Andhra government
In a related development, Antares filed a case against the Andhra Pradesh government in the Delhi high court on the e-governance project, which was executed by C1 without its involvement.
According to Kamath, the case came up for hearing before the high court on July 21. When the counsel for C1 and the Andhra Pradesh government sought time to file their written statement, the court directed them to file them within one week.
"The matter has been adjourned to August 13 for arguments on injunction application," Kamath told rediff.com in Bangalore on Friday.
posted by Superfly at 10:45 AM
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