Novell Granted Judgment in Software Piracy Lawsuit
Court Orders Korean Company to Pay Novell Over $2 million
Novell, Inc. announced that it has been awarded over $2 million in its case against Myung Je, a corporation based in Seoul, Korea. Novell brought the lawsuit against Myung Je, in May of 1998.
A U.S. District Court for the District of Utah has found that Myung Je breached its OEM agreement with Novell and used Novell's trademarks in ways and for purposes not authorized by Novell, thereby infringing Novell's trademarks. Myung Je also infringed Novell's copyrights by distributing counterfeit product, distributing upgrade product to ineligible customers, and distributing unbundled OEM product.
After having received information regarding Myung Je's alleged activities, and, prior to filing the lawsuit, Novell's anti-piracy group conducted investigations and performed an audit of Myung Je's records and inventory. Subsequent to the investigation and audit, several discrepancies were discovered, as was a pattern of unauthorized behavior.
"We are pleased with this ruling as Novell has invested a lot of energy and resources in protecting its intellectual property assets," stated Josie Parry, senior vice president and general counsel for Novell. "Any abuse of Novell's intellectual property rights is viewed very seriously and is investigated aggressively by our in-house anti-piracy group."
Novell investigated over 2400 cases worldwide in fiscal 1999. More than $11 billion each year is lost to software piracy, according to the Business Software Alliance (BSA) and the Software& Information Industry Association (SIIA). Novell has an established anti-piracy group and telephone hotline for reporting illegal use of Novell software or for making related inquiries. Call 1-800 PIRATES (800-747-2837) or send e-mail to firstname.lastname@example.org. The anti-piracy group also has a Web site at www.novell.com/piracy.
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