Gjykata e Rrethit Gjyqësor Tiranë, Vendim Nr. 7535

Expediente y fuentes

Nombre

Gjykata e Rrethit Gjyqësor Tiranë, Vendim Nr. 7535

Cita

Gjykata e Rrethit Gjyqësor Tiranë, Vendim Nr. 7535

Tribunal

Tirana District Court

Instancia

tribunal nacional

Fechas

Decisión

2017-09-18

Estado

resuelto-firmeza-no-verificada

Resultado

The claim was allowed only to recognize infringement; monetary damages were dismissed for want of proof. The defendant bore the costs attributable to the accepted portion. Appeal was available within 15 days; no appellate outcome was located in this review.

Resumen

The court treated computer software as human intellectual creation protected as a literary work and found unauthorized use, but held that the claimed damages amount was not proved.

Antecedentes

A software rights holder alleged commercial use of unlicensed computer programs following an administrative inspection.

Historia procesal

After a 6 October 2014 copyright-office inspection and administrative fine, the software rights holder brought a civil action seeking recognition of infringement and damages calculated from an asserted number of computers and product price. The defendant disputed both unlicensed use and the damages proof.

Cuestión jurídica

Whether the inspection evidence proved unauthorized commercial use of protected computer programs and whether the claimant proved the quantity and value necessary for the requested damages.

Criterio

The court treated computer software as human intellectual creation protected as a literary work and found unauthorized use, but held that the claimed damages amount was not proved.

Fundamento decisivo

The unchallenged inspection and absence of licences supported infringement. The damages calculation failed because the inspection did not identify the number of unlicensed computers, employee counts came from a different period, the one-half estimate had no legal basis, and a 2016 price did not prove the 2014 product value.

Límites

First-instance, anonymized, based on historical Law 9380/2005 and non-AI. Protection of a human-created software program does not imply that outputs produced by software are authored or protected.

Relevancia

autoria-output

Referencias relacionadas

Peso del precedente

Limited first-instance persuasive orientation on software infringement and proof; no binding, appellate or GenAI weight is claimed. Integración/votación: Single judge Enkela Baj; no panel vote or dissent.

Fuente

Referencia

Gjykata e Rrethit Gjyqësor Tiranë, Vendim Nr. 7535

Enlace

Consultar fuente

Autoridad

Tirana District Court

Tipo

ordinary civil first-instance copyright judgment applying historical Law 9380/2005

Tipo de evidencia

complete_primary_judgment_authoritative_intergovernmental_reproduction

Localizador

15-page body; findings on unlicensed use, evidentiary analysis of the claimed quantity/value, and disposition

Verificación documentada

Sí