FACULTY OF SYARIAH & LAW

CIVIL TRIAL ADVOCACY

LAD 4193
SEMESTER I (2020/2021)
KLB 2 (TLB 8)

BUNDLE OF DOCUMENTS

PREPARED FOR : SIR YUSFARIZAL YUSSOFF

PREPARED BY : SYAFIKHA & ASSOCIATES

NAME MATRIC NO.

Ku Nur Syakirah binti Ku Mohd Akhir 1162187
Wan Siti Khadijah Habibah binti Wan Husin 1162191
Wan Nur Afifah binti Che Bakar 1162973
Fitriah Rabihah binti Mat Zahari 1162975
 IN HIGH COURT OF MALAYA AT SEREMBAN
IN NEGERI SEMBILAN DARUL KHUSUS
CIVIL SUIT NO.: 22NCC-846-11/2020

BETWEEN

SKYNET SDN BHD

(COMPANY NO.: 21704-D) ....PLAINTIFF

AND

STARK TECH SDN BHD

(COMPANY NO.: 29570-D) ....DEFANDANT

Statement of Agreed Facts

1. Magnus HRM Net Sdn Bhd was established by the defendant on 5.4.2000 with the
shareholder. Later, it has changed to STARK TECH SDN BHD after changes in
shareholder.

2. The defendant has used the SAP R/3 software to provide service bureau application services
to other companies that are:
a. Motorola Technology Sdn Bhd
b. Motorola South Asia Pvt Limited
c. Motorola Multimedia Sdn Bhd
d. SCG Industries Sdn Bhd (ON Semiconductors)
e. Philips Semiconductors Seremban Sdn Bhd

3. On 30.3.2006, STARK TECH SDN BHD has entered into an individual End User License
Agreement (EULA) with the plaintiff. Clause 2.1(a) of the EULA provides that

"..This license does not permit the Licensee to (1) Use the Software and Third Party
Database for a service bureau application except for Customers listed in Annex A: or (ii)
sublicense or rent the Software System."
4. Annexure A listed only one customer which is Motorola Malaysia Sdn Bhd but under
clause 1.5 of the EULA the list of customers may be amended by mutual agreement
between the parties from time to time. Clause 7.1 of EULA defines the maintenance
services to be provided under the EULA whilst clause 7.3 provides that

"Unless otherwise specified in Appendices hereto, Maintenance Fees shall be paid

annually in advance in an amount calculated as the then current percentage factor
multiplied by the ten current list price of the software licensed hereunder."

5. Paragraph 6 of Appendix 1 of EULA provides that

"Maintenance Services for the Software licensed hereunder, for the above- specified
number of Users, shall commence on April 1, 1999 and shall be currently priced at 17%
(or the then current factor) of DEM 473,620.00. This Maintenance Fee shall be payable
annually by Licensee to SAP within 30 days of invoice date."

6. The defendant has made payment of RM60,000 for maintenance fees for the year 2001 but
had not paid the maintenance fees for the year 2002 and 2003.

7. In respect of the issue of infringement of copyright, the 2nd plaintiff created a business
application Enterprise Resource Planning software package known as SAP R/3 software
and subsequent versions and upgrades thereof which are the subject of copyright protection,
which extends to Malaysia.

8. The 2nd plaintiff owns the copyright in the said SAP R/3 software and the 1st plaintiff
distributes the software in Malaysia.

9. The 1st defendant has since at least December 2002 allowed and/or enabled the 2nd
defendant to use the SAP R/3 software to develop an HRIS for ABMB.

10. the 2nd defendant has since at least December 2002 commenced development work on the
HRIS for ABMB during which time:
 (i) the software was being customized/developed in the 2nd defendant’s
system/equipment;
(ii) The HRIS on the SAP R/3 software platform was linked via a leased line to the
ABMB LAN system and computers and therefore accessible to ABMB;
(iii) A prototype of the HRIS on the SAP R/3 platform was presented to ABMB on
12.5.2003; and
(iv) The 2nd defendant conducted user training on the prototype for ABMB's staff,
which was completed on 13.6.2003.

……………………………….. ………………………………..
Plaintiff’s Counsel Defendant’s Counsel
Issues to be tried

1. Whether there was a breach of the EULA by the defendant

2. Whether the termination of EULA by the plaintiff was lawful
3. Whether the sum of RM364,079.08 is due and owing from the defendant for the
maintenance fees for the year 2001, 2002 and 2003
4. Whether there was an infringement of the copyright by the defendant

List of Witnesses

1. Motorola Technology Sdn Bhd

2. Motorola South Asia Pvt Limited
3. Motorola Multimedia Sdn Bhd
4. SCG Industries Sdn Bhd (ON Semiconductors)
5. Philips Semiconductors Seremban Sdn Bhd
6. Alliance Bank Malaysia Berhad (ABMB)

……………………………….. ………………………………..
Plaintiff’s Counsel Defendant’s Counsel