[IP Alert] Unlicensed Software Costs Company Over RM1 Million (approximately USD224,000) in Court Decision

In the recent case of Siemens Industry Software Inc. v Unicorn Solutions (M) Sdn Bhd, the High Court dealt with the issue of assessment of damages for copyright infringement in respect of unlicensed software under the Copyright Act 1987 (“CA 1987”).

Siemens initially sought RM58,188,396.00 (approximately USD12,480,084.93) on the purported basis that the unlicensed software could potentially access all modules in the NX Programmes, with the license fee for all modules totalling RM19,396,132.00 (approximately USD4,160,028.31) per computer.

The Court was “astounded” by the “whopping” amount claimed by Siemens and questioned Siemens whether every single customer subscribed to all those modules and actually paid the said amount. Catching the “drift” of the Court, Siemens subsequently reduced the amount claimed to RM2,208,573.00 (approximately USD473,688.58).