The case of disputes in which the Microsoft Corporation
charged the Beijing Minan Investment Consultation Company
for infringement of copyright in its computer software
was judged on 16 November 1998 for its first instance
after the hearing by No.1 Intermediate Court of Beijing.
The defendant the Beijing Minan Investment Consultation
Company pre-installed, without authorization by the
Microsoft Corporation, in the main frames of the
computers it sells the software of Windows95 and Office97
in which the Microsoft Corporation enjoys its copyright,
and did so in the main frames of the computers it rents
to other users. Such act of the Company has
infringed the lawful rights and interests of the
Microsoft Corporation and should bear corresponding
infringement liabilities. According to the related
provisions of the Regulations on Computer Software
Protection, the Court ruled that the defendant
immediately stop its infringing act, make an open apology
to the plaintiff in the China Infoworld, and compensate
to the Microsoft Corporation RMB 253,440 yuan for its
economic damages.
After the judgment of first instance, the defendant did
not make its appeal.
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