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e-Commerce Docket Sheet

By ALM Staff | Law Journal Newsletters |
August 31, 2006

Licensing Software withLimited Rights Does Not Constitute 'Limited Publication'

Licensing software with limited rights does not constitute 'limited publication' for purposes of determining whether a copyright notice was required to be included with the software code, where the software was licensed to a broad group of business entities. DaimlerChrysler Services v. Summit National, No. 02-71871, 2006 U.S. Dist. LEXIS 32049 (E.D. Mich. May 22, 2006). The court ruled that because the software was licensed in 1983 without a copyright notice, the software code was not protected by copyright. The court rejected the argument that the software had received only limited publication not requiring a copyright notice, noting that the software was licensed to banks, corporations and utilities and 'aggressively marketed and provided to anybody who would pay money for it.'

 

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