Microsoft Fined In India For Using "Money Power" Against Pirates

bhagwad writes "The Delhi High Court has found Microsoft guilty of using money and influence to make it expensive to defend against piracy cases. According to the judge, 'When the constitution of India provides equality before law, this equality has to be all pervasive and cannot be allowed to be diluted because of money power or lobbying power.' Furthermore, the judge said that Microsoft had to deposit a certain amount of money beforehand, and, if they lost the case, the money would go to the defendants for their legal and travel expenses. For icing on the cake, the court also appointed a commissioner to probe the matter further and ordered Microsoft to pay the costs. In an age where muscled corporations harass the ordinary person through expensive litigation, it's highly pleasurable to see them rapped for it by a judge."

Comments

Jurisdictional Problem

[phantomcircuit]

This is entirely about jurisdiction. The copyright violations occurred in four cities, but microsoft filed suit in the capital. The judge is merely saying that if they insist on suing in the capital they must pay for the defendants travel expenses in the event microsoft loses.

Re:Headline

[CSHARP123]

Exactly, India adheres to principle of Innocent until proven Guilty. /. headline already calls the defendent Pirate. Judge Siding the pirate makes no sense. Judge has not ruled on the case yet. He is making an observation on the MS tactics of filing case in a different jurisdiction when they can file in the jurisdiction where the alleged infringment has happened. Commened the Judge for taking this stand. As usual, MS where ever they go, wouldn't change their lousy tactics.

Not as it seems...

[clone53421]

They were not “fined”.

Delhi High Court has asked Microsoft Corporation to shell out Rs 800,000 ($16,000) for choosing to
fight four copyright violation cases in the Indian capital even though they originated in other cities.

...but if you read on...

Microsoft said it was fighting the cases in Delhi as it has its office in the national capital.

But the court told Microsoft if it wanted the cases to be heard here, it would have to deposit a sum of Rs 200,000 per case - as a cost security.

The amount will be kept with the registrar general of the Delhi High Court till the final disposal of the four cases. It will be given to the defendants if the cases are found to be false.

It’s merely a deposit. If Microsoft wins, they get the money back.

Also... $16,000? That’s pocket change to Microsoft. They’re probably laughing right now.

Re:Too bad the US can't comprehend this concept

[canajin56]

That's how it already works though. Judges can award attorneys fees, though they tend to reserve this for awarding large corporations their legal fees, not individuals. For example, a Fox reporter was fired because his boss told him "I like that bit about bovine growth hormones, but we're sponsored by Monsanto, so change your conclusion to say that it's perfectly harmless", and he refused to lie on TV. A judge held that not only does Fox have a right to fire for refusing to outright lie on TV, but he found the lawsuit so DISGUSTING of an assault on free speech that he awarded Fox 2 million to cover their legal fees.