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In Copyright Case, 2nd Circuit Clarifies Software Program 'Owner'

New York Law Journal

March 24, 2005

The meaning of the term "owner" in a federal law that provides an exception to copyright protection for computer programs is not limited to the title holder, the 2nd U.S. Circuit Court of Appeals has ruled. Clarifying an issue that has split at least two courts in the circuit, the panel said that formal title is "not an absolute prerequisite" for an alleged infringer to assert an affirmative defense under 17 U.S.C. §117 (a).

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