Dr.D.Y.

Patil Unitech Society’s

Dr.D.Y.Patil Law College, Pimpri, Pune
In association with

Vivant Holistic Skill Development Centre, Pune

1ST VIRTUAL NATIONAL MEDIATION COMPETITION 2021

Quarter Final Round Problem

Dragon Inc. & Topaz Software Dispute

General Information
1. Topaz Software Solutions Ltd. was founded in the year 2001. It has proficiency in database
software & technology, cloud engineered systems and enterprise software products. It is
particularly specialized in database management systems under its own brand. Topaz has
transformed the software business in the country with its outstanding Research and
Development capabilities. Based on revenue and market capitalization, Topaz Software
earned the prestige of being the world's second-largest software business in 2020.

2. In December 2005, Topaz Software Solutions Ltd. began developing the Viper programming
language (machine language for computers). In 2008 it came up with a Viper programming
language, a virtual machine, and a set of libraries to go along with it. Libraries were designed
specifically to assist programmers, for convenient use of viper language. It has the capacity to
accept the data input from the programmer and to provide desired outputs via Application
Programming Interface (API). Interestingly the programmer need not pay heed as to how do
the libraries, they're used, actually work.
 3. Topaz Software Solutions Ltd. unveiled the Viper language to the public in the year 2015.
Though, the source code was made available to the public, Topaz Software Solutions Ltd.
specifically requires that the product based on it be mandatory "interoperable" and strictly
adhere to the Viper standard. Topaz Software Solutions Ltd. maintains the Viper Platform
itself, despite the fact that anyone may programme in the language, Viper SE.

4. Dragon Inc., a mobile phone platform developer was founded in 2013. They created the
Dragon Operating System (OS) for mobile devices. Dragon Inc. sought to include the Viper
SE libraries in the Dragon OS development process.

5. Dragon Inc. Ltd created a Cleanroom version of the Viper Standard Edition libraries in
2018. This became the vital feature of the virtual machine’s engine and a key component of
the new system. This virtual machine includes 37 API calls and around 11,500 lines of code
that were considered essential to Viper.

6. With its breakthrough innovation, Dragon Inc., which began as a small startup in Silicon
Valley, has developed into a unicorn firm.

7. Application Programming Interface (API) is a software intermediary. An API is a piece of

software that may be used to interface with other pieces of software or even hardware. It
serves as a link between various software and devices.

This problem is drafted for the purpose of Dr. D.Y Patil Law College, Pimpri, Pune and Vivant Holistic Skills 1st Virtual National Mediation Competition 2021 by
Gajanan Pawar(III LLB)
 8. The capacity to transfer and produce useful data and other information across a system is
referred to as interoperability. The degree to which products are able to function together is
referred to as interoperability. Every product derivative of Viper Standard Edition is
inherently subjected to the interoperability principle.

Deal & Dispute

9. Following a media interview with the estranged co-founder of Dragon Inc. Ltd, an analysis
of the Dragon OS was conducted. During the course of the investigation, Topaz software
solutions Ltd discovered that no inter-operability principle was followed by the company
while designing Dragon OS based on the Viper standard edition in February 2020. Although
the compulsion of the inter-operability principle is not legally enforceable, compensation for
the same can be claimed by Topaz Software Solutions Ltd and is negotiable.

10. Currently, Topaz Software Solutions Ltd. is seeking USD 5 billion in compensation
from Dragon Inc., based on revenue from the previous three years and prospective gains in
the upcoming three years.

11. Topaz Software Solutions Ltd. sent Dragon Inc. a compensation proposal, and they
responded that the amount asked is unnecessarily high.

This problem is drafted for the purpose of Dr. D.Y Patil Law College, Pimpri, Pune and Vivant Holistic Skills 1st Virtual National Mediation Competition 2021 by
Gajanan Pawar(III LLB)
 Current Status of Dispute

12. Topaz Software Solution Ltd. has been invited to participate in mediation by Daniel
Hopkins, CEO of Dragon Inc.

13. Topaz Software Solutions Ltd. has accepted the mediation request and will be
represented by its CTO.

This problem is drafted for the purpose of Dr. D.Y Patil Law College, Pimpri, Pune and Vivant Holistic Skills 1st Virtual National Mediation Competition 2021 by
Gajanan Pawar(III LLB)