126. ... There is real significance to the issue of Laches. When Mitug chose, knowingly, not to stop the wheels of the transaction... and to allow the transfer of the software copies, it allowed a significant change for the worse in the Defendants' position... It should not be allowed, years later, to bring about the paralysis of this activity...
127. At the same time... an order must be issued prohibiting Shva from making use of the Software in its possession (Source Code) or transferring it...
Rendering of Accounts
128. ...
129. ... Mitug is not entitled to information regarding the economic contents of the engagement between Shva and Keren HaTamar...
Mitug is entitled to detail regarding copies of the Software installed on ATMs in Keren HaTamar's possession since the transaction.
Monetary Remedy
130. ... Mitug petitioned for 2,560,000 NIS...
131. (Mitug's calculation: 3,200 NIS per license + maintenance).
132. (Recap of findings: 290 copies lawful; extra copies unlawful).
133-134. (Discussion on statutory damages vs. actual damage).
135. Regarding appropriate licensing fees...
136-138. Mitug's estimate... is not an appropriate basis.
The 2007 document determined that licensing fees... would be 1563 NIS + linkage...
139. Since Shva was entitled to transfer... the copies for which it paid, these copies do not entitle Mitug to compensation.
The copies for which there is entitlement to compensation are the Additional Copy... and the copies installed... beyond the 291 copies...
This quantity must be multiplied by the sum mentioned in the 2007 document (1563 NIS) linked to the CPI... approx 1821 NIS per copy.
140. The claim regarding maintenance fees... was not substantiated.
Conclusion
142. End result: An order is issued prohibiting Shva from using the Software (Source Code) or transferring it.
143. Keren HaTamar is obligated to submit a detailed account... regarding copies of the Software installed... beyond the 291 copies received from Shva.
144. Completions to be submitted by March 21, 2023. Monetary charges will be determined after the completions...
Given today, 14 Adar 5783, March 07, 2023, in absence.
Tamar Avrahami, Judge