Unauthorised software: Navigating the spectrum of software piracy and compliance action

▤ Summary

This article examines the legal and practical challenges of unauthorised software use and compliance in India, highlighting intensified detection and enforcement by licensors. It explains copyright doctrines and tests (AFC and POSAR) used to assess software similarity and notes courts require proof of volitional use and commercial benefit before awarding damages. The piece flags a persistent grey zone of accidental or legacy technical residue that can trigger audit claims and urges proportionate, transparent enforcement practices. It recommends that businesses institutionalise compliance protocols, asset sanitation checks, and clear employment controls to reduce inadvertent exposure while protecting legitimate IP rights.

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