Software giant Microsoft has initiated a tough stance against channel partners allegedly involved in counterfeiting of software and illegal activities. Microsoft has filed a civil case in Delhi High Court last month claiming damages of approximately 5.7 crore rupees from KK Software Solutions. This is reportedly a ?first of its kind? occurrence in the Indian marketplace wherein a vendor company has filed a civil case against a partner over alleged ?counterfeit software? and other illegal activities.
An official from Microsoft?s India office confirmed the development. However they refused to divulge any further details. The case against KK Software has been filed on 22nd December 2012 at the Delhi High court who summoned the company to submit their responses along with the details of their property assets etc.
Microsoft and KK Software Solutions have been in the news for the past four years wherein the offices of the partner company were raided on a complaint filed by the software giant. Reacting to this new development; Kamlesh Kumar Jha, MD, KK Software Solutions in a surprising tone said, ?We are not aware of any such case filed by Microsoft against us. Our lawyers will check the same and we will reply accordingly, if the need be in this aspect.?
Microsoft claims to garner a net loss of Rs. 5.7 crores when KK Software was raided in 2009 by CBI. Jha claims, ?The material seized in the 2009 raid has been found genuine by the court and returned back to us .Although they (Microsoft) claimed it to be counterfeit in their complaint. We also won a case in 2005/2006 against piracy with Microsoft.?
KK Software Solutions is a fifteen year old partner organization owned by Kamlesh Kumar Jha. They are engaged with various software companies through a distribution / partner model and as per their website, the company also works with vendors (mainly anti virus / security companies) like McAfee, Symantec, and Kaspersky.
Four years ago, Microsoft had filed a criminal complaint alleging counterfeiting of software, violating Microsoft?s IP rights and other illegal activities by KK Software. In December 2009, CBI conducted raids on KK Software and its associate companies across various locations in India. Jha said, ?The charge sheet by CBI is nowhere blaming us for any illegal activities and we will respond when that case is initiated on January 28 of this month.?
In April 2010, Microsoft terminated the associate distributorship of KK Software Solutions.
However, the official website of KK Software even today shows that they are an associate distributor of Microsoft. Jha clarified, ?We are not selling any product of Microsoft since 2009 and our company website is currently under revamp. The mention of the previous association with Microsoft will be removed in the new website.?
?Microsoft does not have single evidence against us (from the raid in 2009) till date. Having no alternate option, they might have filed some suit without our knowledge,? claims Kamlesh Kumar Jha at KK Software Solutions.
Source: http://www.channelworld.in/news/microosft-sues-kk-software-rs57-crore-314052013
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