The piracy of software includes illegal duplication of computer software and illegal usage of the same for generating revenue. The paper discusses issues of copying, distribution, sale and resale of the computer software without the consent of the creator of the software or without proper documentation. The digital piracy and software piracy are new emerging trends and the protective legislation safeguarding such malpractices and copyright theft is under question and not stringent enough to punish the violators. The paper discusses scope of ‘literary works’, ‘computer database’ and “computer software piracy’ and the test to ascertain copyright piracy.

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