A federal district court in Pennsylvania had no trouble dismissing a copyright infringement suit brought by a DVD producer against its non-paying customer. The court ruled that the parties had intended for the customer to have an implied license to distribute copies of the producer’s work product; the producer could sue the customer for breach of contract because of nonpayment, but not for copyright infringement. See this Loeb & Loeb memo for more details about Beholder Productions, Inc. v. Catona, No. 08-261 (E.D. Pa. June 11, 2009) (granting defendant customer’s motion for summary judgment).
If you enjoyed this post, please consider subscribing to my RSS feed
See also: (list is automatically generated)
- Appeals court holds that Autodesk software with EULA restrictions was not “sold” (so its resale on eBay was a copyright infringement)
- Installing China’s Internet-censorship software might be not just a copyright infringement but also a security threat
- Professional-liability insurance policy doesn’t cover patent infringement, says Penn. appeals court
- Startup company uses flawed software-development contract with outside consultant, ends up having to go to court to stay alive
- Patent-infringement warranties should be negotiated very cautiously
