I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] SGCA 32 (c) Reproducing, adapting, disclosing, distributing and/or being in possession of the Copyright Material for financial or commercial gain. 10. The [respondents’] infringing acts include the following: (a) The [first and second respondents] infringed the [appellant’s] copyright in the Copyright Material by reproducing, adapting, disclosing, distributing and/or being in possession of the Copyright Material at least starting from the period of the [first respondent’s] employment with the [appellant] or the [second respondent’s] employment with i-Admin (Shanghai) Ltd; and (b) The [third respondent] has since its incorporation in 2011 infringed the [appellant’s] copyright in the Copyright Material such as by offering sale of products and/or services through the [third respondent’s] website … where such products and/or services involve infringing the [appellant’s] copyright. 32 It is true that para 9(a) for instance, does not specify the manner in and purpose for which reproduction of the appellant’s materials occurred. “Reproducing” could therefore encompass a number of possible meanings such as the storage of a protected work in a computer or any medium by electronic means (ss 17(a) and 17(b) of the Copyright Act) or the making of a copy incidental to some other use of the protected work (s 15(1A) of the Copyright Act). However, this example aside, the general tenor of the appellant’s pleadings concerns the use of its material for “financial or commercial gain” (see at para 9(c) of the Statement of Claim). It plainly prioritised its higher level claim of copyright infringement at the trial. 33 This is also apparent from the manner in which the appellant ran its case at trial. Its opening statement framed the copyright claim in terms of use of and access to its confidential materials to develop the third respondent’s own software and services. Building on this, a significant portion of its closing submissions addressed the use of its materials “to develop and run [the third 16

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