Subject: Notice for taking down of mobile app i.e.

“Kyte - Smart SMS Organizer,

Backup & Spam Blocker” and its url
https://play.google.com/store/apps/details?id=ai.kyte.android&hl=en_US
from the Google Play store for violation of Copyright of M/s Frodo Business
Solutions Private Limited in source code of SuperSMS and violation of
Developer’s Policy of Google Play Store.
Sir,

1. I am the authorized representative of M/s Frodo Business Solutions Pvt Ltd, (hereafter
referred to as ‘the Company’) duly incorporated under the Companies Act, 2013,
having its registered office at U-8, Lower Ground Floor, Green Park, New Delhi-110016,
India. The Company has developed a mobile app called SuperSMS and is the lawful
owner of all intellectual proprietary right vested in the ‘SuperSMS’ including copyright
over its source code.

2. I have recently identified that some developer of a mobile app namely “Kyte - Smart
SMS Organizer, Backup & Spam Blocker” (hereafter referred to as Kyte) and url of
the said mobile application is
https://play.google.com/store/apps/details?id=ai.kyte.android&hl=en_US illegally
using our copyrighted source code by making minor changes therein and infringing
the Company’s intellectual property rights vested in the source code of its mobile app
called SuperSMS.

3. I am providing a brief background of the facts and circumstances as to how copyright

over the source code of SuperSMS is being infringed by uploading/hosting the above
mobile app namely Kyte - Smart SMS Organizer, Backup & Spam Blocker, which
ought to exist before I request you to your goodself to take down the above mobile app
from the Google Play Store. I am narrating the brief facts leading to the present take
down notice:

Brief Facts:

1. The Company in the month of October 2016 had hired three engineers as
employees i.e. Mr. Jaideep Ponia, Mr. Ashish Sonane and Mr. Dhanesh Kumar
for technical support in developing a mobile app called SuperSMS. It was
categorically agreed that three of them would develop such mobile
application(s) as may be entrusted to them during the engagement and all works
created by them during the course of their employment and engagement shall
be exclusively owned by the Company including all intellectual proprietary
rights. Even otherwise, in the light of the provisions of Section 17 read with
Section 2 (d) and (o) of the Copyright Act, 1957, the Company is entitled to claim
first ownership of the Copyright in the works created by them.
2. The Company entrusted a job to three of them to develop SuperSMS app and
when the app was to be made functional, the BETA Version of the same was
decided to be uploaded on Google Play Store. For the aforesaid purpose, the
Company purchased a domain name www.supersms.io for uploading the BETA
Version of the mobile application on Google Play store, whereby the above said
app was hosted on Google Play.

3. However, in the third week of July, 2017, the management of the Company was
shocked and surprised when they came to know that above three persons started
claiming themselves to be the exclusive owners of SuperSMS app on various
social media platforms. That immediately thereafter the Company got a Cease
and Desist/Legal Notice dated July 28, 2017 issued to all the three persons
through its counsel and called upon them to handover the Mobile Application
SuperSMS App along with its Source code to within 3 days of receipt of the
notice failing which appropriate legal action would be initiated by Company
against them. That despite receipt of the aforesaid notice, none of them handed
over the mobile application SuperSMS App along with its source code to the
Company. That despite the receipt of Notice, three of them have failed to
comply with the same and are further continued unlawfully and unjustifiably
claimed the exclusive ownership of the software and are on the verge of creating
third party interests in the Mobile Application SuperSMS App belonging to the
Company.

4. The Company having no other alternative to get the source code back and stop
the infringement of its copyright over the source code of SuperSMS, had
approached the High court of Delhi at New Delhi and filed a suit against all the
above named three persons bearing number CS (Comm) No.549/2017, being a
Suit for Declaration, Permanent Injunction Restraining Infringement Of
Copyright, Mandatory Injunction, Delivery Up And Recovery Of Damages,
titled as M/s Frodo Business Solutions Pvt Ltd Verus Mr. Jaideep Ponia & Ors.
The Company in the above suit made the prayers before the Court, which are
mentioned below for your reference:

40. In view of the above, the plaintiff most respectfully prays that this
Hon’ble Court may be pleased to pass:
a) A decree of declaration declaring the Plaintiff to be the exclusive
owner of Copyright in the SuperSMS App.
b) A decree of permanent injunction restraining the defendants,
and/or others acting for and on their behalf from claiming
ownership of the copyright in the SuperSMS App and/or from
selling the rights in the SuperSMS App and/or from infringing the
Copyright of the Plaintiff in the SuperSMS App by reproducing or
unauthorizedly dealing with it in any manner whatsoever.
 c) A decree of Mandatory Injunction against the defendants directing
them to handover the original source code of the SuperSMS App
available with them to the Plaintiff Company.
d) A decree of Mandatory Injunction against the defendant no. 3
directing him to transfer the domain name www.supersms.io in
the name of the Plaintiff Company.
e) an order of delivery up of all the infringing source code of mobile
application SuperSMS found in the possession of the Defendants
for the purposes of destruction/erasure.
f) A decree in favour of the plaintiff and against the defendants for
recovery of an amount of Rs.1,50,00,000/- as
punitive/compensatory damages for committing the illegal
activities of infringement of copyrights.
g) For an order of costs of the proceedings including the counsel fee
& the court fee affixed.
h) Such further orders as this Hon'ble Court may deem fit and proper
in the facts and circumstances of the present case may also be
passed in favour of the plaintiff and against the defendants.

5. The matter came up for hearing on 23.08.2017 before the Hon’ble High Court of
Delhi and upon hearing Hon’ble Justice Ms. Mukta Gupta considering the facts
and circumstances of case passed the interim order, whereby restraining all the
three above named persons. The relevant extract from the interim order dated
23.08.2017 passed by the Hon’ble High Court of Delhi in the Suit number CS
(Comm) No.549/2017 is being reproduced hereunder:

1. Case of the plaintiff is that the plaintiff through its Director Sidharth Rao
invested in SuperSMS (App) which was prepared by the defendants being the
employees of the plaintiff company. The plaintiff has placed on record the
documents, e-mails exchanged showing the salary and the TDS deducted
therefrom of the three defendants while in the employment of the plaintiff and
that to purchase the domain name also the money was paid from the account of
Sidharth Rao, the Director of plaintiff company. Considering the averments in
the plaint and the documents filed, plaintiff has made out the prima-facie case in
its favour and in case no ad-interim injunction in favour of the plaintiff and
against the defendants is granted, the plaintiff would suffer an irreparable loss.
2. Till the next date of hearing the defendants, their agents, representatives
etc. are restrained from creating any third party interest in the mobile
App namely SuperSMS and also in the domain name www.supersms.io.
3. Compliance under Order XXXIX Rule 3 be made within a week.
4. List before Court on October 30, 2017.
 The complete interim order passed by the Hon’ble High Court of Delhi can be
accessed through the link given below:
http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=155760&yr=2017

6. The above three persons did not file their reply in the said suit before the High
Court of Delhi. The above suit came up for final hearing before the Hon’ble
High Court of Delhi on 20.02.2018 and the Hon’ble High Court of Delhi heard
the said matter at length and find that all the averment true made by the
Company in the suit against all the three above named persons and decreed the
suit against them and in favour of the Company in terms of the prayers made in
the plaint.

7. The Hon’ble High Court of Delhi through the final Judgment/decree disposed
of the suit in terms of the prayers made in the plaint and passed:

a) A decree of declaration declaring the Plaintiff to be the exclusive owner

of Copyright in the SuperSMS App.
b) A decree of permanent injunction restraining the defendants, and/or
others acting for and on their behalf from claiming ownership of the
copyright in the SuperSMS App and/or from selling the rights in the
SuperSMS App and/or from infringing the Copyright of the Plaintiff in
the SuperSMS App by reproducing or unauthorizedly dealing with it in
any manner whatsoever.
c) A decree of Mandatory Injunction against the defendants directing them
to handover the original source code of the SuperSMS App available with
them to the Plaintiff Company.
d) A decree of Mandatory Injunction against the defendant no. 3 directing
him to transfer the domain name www.supersms.io in the name of the
Plaintiff Company.
e) an order of delivery up of all the infringing source code of mobile
application SuperSMS found in the possession of the Defendants for the
purposes of destruction/erasure.

The Final Judgment/decree dated 20.02.2018 passed by the Hon’ble High Court
of Delhi can be accessed through the link given herein below:
http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=43146&yr=2018

4. In view of the facts and circumstances above, I state that the above said act of the
developer of mobile app Kyte - Smart SMS Organizer, Backup & Spam Blocker is
infringing the copyright of the Company over the source code, despite the operation of
judgment and decree of permanent injunction restraining the defendants, and/or
others acting for and on their behalf from claiming ownership of the copyright in the
SuperSMS App and/or from selling the rights in the SuperSMS App and/or from
 infringing the Copyright of the Company in the SuperSMS App by reproducing or
unauthorizedly dealing with it in any manner whatsoever.

5. I state that the above acts and omissions by the developers of mobile app Kyte - Smart
SMS Organizer, Backup & Spam Blocker are clear violation of policy of Google Play
Store regarding infringement of Intellectual Property set out on Developers Policy
Center. I further state that the above act and omissions constitute the offences under
Contempt of Courts Act 1971, under the Copyright Act of 1957, under Information
Technology Act, 2008 and provisions of Indian Penal Code, 1860, to which the
Company reserves its right to take appropriate legal action. However, the Company
as the owner of lawful owner of the Copyright in the source code of SuperSMS app,
and we would request you to immediately take down the mobile app Kyte - Smart
SMS Organizer, Backup & Spam Blocker and its url i.e.
https://play.google.com/store/apps/details?id=ai.kyte.android&hl=en_USn from
Google Play Store with immediate effect and stop/block the access to the same by any
person whosoever in any manner.

6. Further, the Company taken down our mobile app SuperSMS from Google Play Store,
as our team is still adding some features to the said app and once it is done, we may
upload/host the same for users. However, above three persons after handing over the
source code to us under the direction given the the High Court of Delhi through final
order/decree/judgment dated 20.02.2018 have not deceptively used the same code in
their mobile app Kyte and infringing our copy right and violating the direction of the
High Court granted through the prayer No. (b) i.e. A decree of permanent injunction
restraining the defendants, and/or others acting for and on their behalf from claiming
ownership of the copyright in the SuperSMS App and/or from selling the rights in the
SuperSMS App and/or from infringing the Copyright of the Plaintiff in the SuperSMS
App by reproducing or unauthorizedly dealing with it in any manner whatsoever.

7. We are providing hereunder the comparison between the source code of SuperSMS and
infringed code used in mobile app ‘Kyte’ to substantiate that this app is infringing our
Copyright, the developer has used exactly the same code in Kyte mobile app, which is
not possible in ordinary circumstance to use the same code in newly developed app.
Manifest-1

Left: SuperSMS code Right: Kyte Decompiled code.

Observations for “Manifest-1”:

The manifest files presents essential information about the application to the Android system, information the system must have before it can run
any of the application's code.
“<uses-permission>” tags define the permission needed by the app. We can see that the sequence of permission tags in both files is same. It is highly
unlikely that two different developers in independent development environments will list down their permissions in same order.
Manifest -2

Left: SuperSMS code Right: Kyte Decompiled code.

Observations for “Manifest-2”:
The attributes in “<application>” tag are in same order. Like “android: name”,”android: allowBackup”,”android: icon”,”android: label”,”android:
supportsRtl” ”android: theme” are in same order.
Even the “<activity>” tags have similar writing pattern that is highly unlikely in two different and independent development environments.
Manifest-3

Left: SuperSMS code Right: Kyte Decompiled code.

Observations for “Manifest-3”:
The “<intent-filter>” tags are exactly same and in same order. Event usage of same “parentActivityName” tag signifies that both are versions of same
code base.
Manifest-4

Left: SuperSMS code Right: Kyte Decompiled code.

Manifest-5

Left: SuperSMS code Right: Kyte Decompiled code.

Observations for “Manifest-4” and “Manifest-5”:

This is the most critical and important observation.
“<intent-filter>” tags are used to register custom trigger point of receivers. Developers register the receivers with some unique text such as application
package name. “com.frodolabs.smartsmsalpha.NOTIFICATION_ACTION_COPY” and other filters used in both files are exactly same. This cannot
be possible unless it’s the same source code.
Comparison between SendSMS

Left: SuperSMS code Right: Kyte Decompiled code.

Observations for “SendSMS”:
The logs and variables on top (“DELIVERED” and “SENT”) are same.
Comparison between Alarm Receiver:

Left: SuperSMS code Right: Kyte Decompiled code.

Comparison between EngagementNotification

Left: SuperSMS code Right: Kyte Decompiled code.

Comparison between ProxySMSReceiver

Left: SuperSMS code Right: Kyte Decompiled code.

Comparison between SentReceiver

Left: SuperSMS code Right: Kyte Decompiled code.

Observations for “AlarmReceiver”, “EnagagementNotification”, “ProxySMSReceiver” and “SentReceiver”:

The developer logs which developer puts for debugging purpose during application development is exactly same.
Comparison between M-json

Left: SuperSMS code Right: Kyte Decompiled code.

Observations for “m-json”:
Same data set file for spam filtering is used by supersms and kyte.