United States Ninth Circuit

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Design Data Corp. v. Unigate Enterprises, Inc., 14-16701

In an action under the Copyright Act, alleging defendant infringed the copyright on plaintiff's computer aided design program by downloading an unauthorized copy of the program and importing and distributing within the United States program output generated by a Chinese contractor using an unauthorized copy of the program, the district court's summary judgment is: 1) affirmed in part on the importation-and-distribution claim, where the copyright in the program did not extend to the program’s output of images and files; and 2) reversed in part as to the downloading claim, where there was a material question of fact whether defendant's download was more than an insignificant violation of plaintiff's copyright.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/09

Judges

  • HAWKINS

Court

  • United States Ninth Circuit

Counsel


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