United States Fourth Circuit

In a copyright infringement action based on the archiving of student papers on Defendant's website, judgment for Defendant on Plaintiff's claims is affirmed, where the archiving was transformative because its purpose was to prevent plagiarism by comparative use, but judgment for Plaintiff on Defendant's counterclaims is reversed, where damages under the Computer Fraud and Abuse Act (CFAA) can include the costs of repairing a violation of the CFAA.

Appellate Information

• Decided 04/16/2009
• Published 04/16/2009

Judges

• Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert Arthur Vanderhye, McLean, Virginia, for Appellants/Cross-Appellees.  James F. Rittinger, Satter-Lee, Stephens, Burke & Burke, New York, New York, for Appellee/Cross-Appellant.   On Brief:  Joshua M. Rubins, Justin E. Klein, Satterlee, Stephens, Burke & Burke, New York, New York, for Appellee/Cross-Appellant.