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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's ground for claim
A. On March 2005, the Defendant’s performance of duties, which had been established difficult and has been carrying out various functions of accounting corporations until now, requires the Plaintiff’s window OS and ms license programs. The Defendant now stated that 140 executives and employees of the Defendant (39 certified public accountants and 101 employees) are using OS 154 and ms license 133, which are legally purchased under the name of another corporation, and thus, they do not infringe the Plaintiff’s copyright.
B. However, among the program key numbers submitted by the Defendant with respect to each of the above programs, the window OS 42, and ms license 63 are not only for technical protection measures to prevent unauthorized reproduction of the program, but also for the purchase and possession of the pertinent license, and even if viewed otherwise as the material for the purchase of the license, there is no data for the window 46 (154 - 108), ms license 66 (133-67) for the remainder of the shortage.
C. Moreover, only after the Plaintiff’s instant application for conciliation, the Plaintiff purchased and installed the license, or purchased only the license after the Plaintiff’s application for conciliation, and then did not install the relevant program until the Plaintiff confirmed, 30 and 23 of the window program without permission can be deemed to have been used by the Defendant without permission.
Oex 289,000 89,721,00 Commission 8.172,000 76,072,000 78,793,000 Total 38,793,000
D. Considering the above, the Defendant, either intentionally or by negligence, makes a copy of the Plaintiff’s window OS program 76 (46) and mscop program 89 (66 and 23) (hereinafter “the instant program”) on computers or impliedly accepts the reproduction of officers and employees.