Telkom, Marconi guilty of infringement

The court, says ITWeb, ordered them to cover the costs of the legal feud with software and hardware company Technical Information Systems (TIS). TIS asked the court to intervene after it discovered its internally-developed software had been changed and was being supplied online by Telkom. TIS director Tim Hammerich says the company is now looking at a damages claim, although it is still quantifying the extent. In his ruling, Judge A Gildenhuys disagreed with Telkom and Marconi that the changes were miniscule. Gildenhuys found TIS, which had entered into supply and confidentiality contracts with Marconi, also had a valid licence over the software. ‘It is hardly conceivable that, subject only to the curbs contained in the supply agreement, the applicant intended the respondents to have a free right to reproduce, transmit and adapt the computer program,’ said Gildenhuys. The companies denied in proceedings they had sold copies, but had merely provided updates to existing customers. However, while the judge could not ascertain whether this was the case, he contended there was a ‘reasonable’ chance this was happening. Full ITWeb report