This seems to be the season for disputes between competitors, with accusations of data theft and copyright infringement flying around from time to time. Soon after the Burrp-Zomato and Cleartrip-Travelocity disputes, we have another one to report, but this time in the context of housing finance software, with software firm Kensoft Infotech accusing Sundaram BNP Paribas Housing Finance (“Sundaram”) of fraudulent use, criminal breach of trust, hacking, reverse engineering and tampering of their software.
In this instance, Kensoft Infotech had developed a software called KEN-HFS, their enterprise-level housing finance software. Kensoft alleges that Sundaram, who was their client and a licensed user of their software, employed reverse engineering techniques to extract the source code of their software and insert external source code, without their authorisation. On the other hand, Sundaram Infotech MD, Nitin Palany argued that they owned the software that Kensoft claimed to have developed themselves.
The first issue is of ownership of the disputed software itself. Express India reports that the IP Cell of Industrial Research and Consultancy Centre, of IIT Bombay has concluded that the software has in fact been developed by Kensoft and that Sundaram is making false ownership claims over the property. Independent experts who have studied the case also conclude similarly, reports indicate. The co-author of the report, Karuna Jain, who is also the co-ordinator of the IP cell there, has dismissed the claim advanced by Sundaram that the opinion expressed by the cell is not the official position of position of IIT Mumbai, on the issue. On the other hand, Sundaram infotech claims that a team of professors from Anna University, Chennai has concluded that there is no case of copyright infringement.
The significance of this case arises from the fact that there is no clear Indian precedent in data theft cases such as this. Small businesses are becoming increasingly concerned that their intellectual property is easily infringed by the big players, and they are desperate for some judicial protection in such cases. With the cyber crime police becoming more aware of the technicalities surrounding such issues, and with technical guidance being received from the likes of NASSCOM, there is sure to be a better sense of understaning amongst the police officials in handling such cases.
