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Messages - SUNAABH SARKAR

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1
Employment laws / Can a contempt case be filed??
« on: April 15, 2016, 11:05:21 PM »
The Case:

A colleague filed an appeal in CAT for retention/ exemption from transfer/ posting on various grounds. CAT granted her relief in the form of quashing transfer order. Now her deptt. has filed an appeal in High Court against CAT ruling. Even though my colleague is regularly attending office, ever since the deptt has filed appeal in HC, it has neither permitted my colleague to sign attendance nor has it paid her salary since Nov 2015 on grounds that the appeal is pending in high court. After lot of protest the colleague has been permitted to log attendance, but, in a register different from where the rest of the staff sign. The withholding of salary still remains.

I'll be grateful if an expert can help me on the following:

1. Can the Salary of a person be stopped/ with held under law in cases as mentioned above?
2. Can a Govt Employee be prevented from logging attendance in such circumstances?
3. Can the aggrieved person, here my colleague, file a suit for contempt of court on the basis of 1,2 above?

Thanks in advance for the time, patience and advice.

2
Copyright laws in India / Re: Am I infringing copyright laws?
« on: April 12, 2016, 08:27:59 AM »
Thank you Sir for the detailed response. Yes I am kind of more clear than I had been so far. However, I still need a clarification

In my case,
1. I'm sure, I do not have any unauthorised software installations in my system.
2. The client has not provided me with a software (Eg. Autodesk, Microsoft products etc etc) I use a perfectly legal and licensed substitute software to perform my works.
3. The clients often provide me with drawing files to work upon for further development which may have been originally created using unlicensed software. I have no means to confirm the legal validity of the software used to create the drawings. On my part I edit those files using a legal software different from the one used to make the original drawing file. Is doing so illegal...?

Thanks again for your time and patience

3
Copyright laws in India / Re: To respond or not...
« on: April 12, 2016, 08:08:04 AM »
Hi
Just check your computer or the computers of your employees(if any). in all probability without your knowledge one of your employee might have downloaded autodesk software (CAD/CAM or BIM or fusion 360) from internet or might have installed a pirated software in their lap top or desk top.
From your previous question  i understand that you use third party software  (either provided by client or downloaded from internet) which in essence might be pirated and hence you got this notice from autodesk.
In case there is a pirated software you can delete the same or choose to buy the software from autodesk. better to do an thorough audit as the penalties will run in to lakhs.

Thank you very much for responding... I need to clarify a few points here...
1. I do not have any staff working for me who could have used my computer hence I am very sure that I have never installed or used any Autodesk software personally nor allowed any third party installations by a client
2. In the meanwhile I have carried out a detailed audit of the system and the reports shows no traces of any Autodesk related software in my machine.
3. My concern here is about the files created by a third party client at their end. I have no way to know if the client providing me the drawing files (read works) in dwg format use a legal software or not. For example a person may be working on a pirated software to churn out a drawing. This drawing is provided to me by my clients for further development according to the nature of my contract with my client. I work on the same drawing file, but the software I use, though absolutely legal and legitimate and licensed, is not a Autodesk product but can edit and save files with same dwg extensions as AutoCAD. Its like me mailing you a draft using a pirated Microsoft Word Which you edit using a legal licesenced alternative software that can read, open, edit and can save files in a number of formats common to MS Word. As far as I understand this is perfectly legal. The CAD software I use by default saves files (works) with the same extension AutoCAD saves its files.

The question is will it amount to illegal practices if I work on a piece of work (using my perfectly legal licensed software for my part of the job) that may have been created using a pirated software... is that legal or illegal?
I hope I have been able to make my point more clear...
Thanks again...

4
Copyright laws in India / To respond or not...
« on: April 12, 2016, 02:14:05 AM »
I am an architect and not practicing any more due health issues. Last evening I received a mail purportedly from a representative of Autodesk suggesting I perform an audit of my computer and apprise him of details of software I have installed in my computer.

Based on the contents of the email, which I have reproduced verbatim (in italics) at the end of this query, I have a feeling that the rep is trying to sell or push an Autodesk License in a veiled intimidating tactics. I neither use any Autodesk products nor have any Autodesk software installed in my computer, the reason Autodesk does not have on records any registered License of their products in my name or in my companies. Also I am not at all interested in the offers Autodesk suggests.

Shall be deeply obliged if an expert can guide me if I should respond to the mail or ignore it altogether, and, If I am needed to respond, am I legally bound to undertake the unwarranted audit check of my computer and share the confidential contents of my computer with the rep on the basis of the mail reproduced below? Also kindly suggest how I can dissuade Autodesk from harassing me just because they are software giants and I belong to the community that.Autodesk aims to serve with their products
Thanks and Regards.

Extract of email:

Dear Sir,

1. We write to you on behalf of Autodesk India Private Ltd.

2. Autodesk India Private Limited is a subsidiary of Autodesk Inc. (“Autodesk”). Autodesk is the copyright owner of various software titles including, but not limited to, AutoCAD, 3ds Max and Maya (“Autodesk Products”). Autodesk India Private Ltd. is duly authorized to enforce the copyrights that protect the Autodesk Products in India.

3. The records show that your company does not hold any registered license from Autodesk, though you may be using some of their products.

4. We request you to check at your end if you are using any Autodesk Products.  The use or installation of any Autodesk Product requires a corresponding license, which authorizes the use or installation.  At this point, we are approaching you in good faith and request that you carry out an audit of your machines. In the event that there is a shortfall of licenses, or any licenses which are not properly procured, please reach out to us and we will be glad to assist you. Kindly revert to us by April 13, 2016 with your audit results.

5. To help customers, Autodesk has introduced Desktop subscription licenses. There are numerous advantages to these licenses, namely:
a) They are term based, which means that customers purchase them for the duration for which they need them. This model is ideal for customers with project based needs;
b) Their upfront cost is significantly lower than perpetual licenses, thereby reducing customers’ cash outlay and helping cash flow;
c) They are easy to manage and control.

6. Please note that Autodesk treats any infringement of its copyright very seriously. The Autodesk legal counsel informs us that Autodesk software is protected under The Copyright Act, 1957 of India ("the Act") and other related laws.

7. The legal counsel also notes that under Section 63B of the Act, the use of unlicensed software is a cognizable and non-bailable criminal offence; further, that under Section 69 of the Act, every person, who at the time the offence was committed, was in charge of the conduct of the business of the company committing such infringement, shall be deemed to be guilty of such offence and will be punished accordingly.

8. Besides the compliance issues set out above, there are risks relating to software and data security; malware; computer viruses as well as down time resulting from a lack of technical support that licensed users may enjoy.  All such risks may cause serious negative impacts on your company’s regular business operation as well as corporate reputation.

9. For that reason, we ask that you kindly contact at ......................... by April 13, 2016. We look forward to hearing from you.

Kind regards,

Names and contact details of the Autodesk representative has been deleted.

5
Copyright laws in India / Re: Am I infringing copyright laws?
« on: April 11, 2016, 09:28:35 PM »
Also kindly clarify if under the circumstances explained in my earlier posts, I am culpable under section 69 of the copyright act 1957 of India...
Thanks

6
Copyright laws in India / Re: Am I infringing copyright laws?
« on: April 11, 2016, 09:08:18 PM »
Sorry, I guess the issue needs a little more clarity... What I specifically want to know is if by editing such files, I am violating the original but pirated software manufacturers copyrights, by editing the drawings originally made using the legal/ pirated software but edited using a legal/ licensed software made by a different company which sports features of compatibility of file usage, editing and sharing... I hope this helps to understand the issue better.
Thanks again

7
Copyright laws in India / Am I infringing copyright laws?
« on: April 11, 2016, 08:43:41 PM »
Hi, I'm new to this forum, and, certainly not connected in any way with the legal machinery. Hence I am not sure if this is the right forum platform for my issue. I request the Admin to kindly transfer this post to the appropriate platform in case this is not the right one.

I use a legal licensed software for my design works. However, occasionally during the work process and job demands, files originally created (by third parties) outside my office in machines other than mine need to be edited in my office using the legal software. I have no way to ascertain if file that was originally created outside my office was created using a legal/ licensed software.

Incase the original file was created using an illegal/ pirated software and subsequently edited in my office using a legal/ licensed software, am I culpable of violating copyright laws u/s 63b of Indian Copyright Act 1957 of India or any other copyright laws in India.

Deeply appreciate a reply. Thanks and regards.

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