Law School Case Briefs

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Wall Data Inc. v. Los Angeles County Sheriff's Department

Court of Appeals for the Ninth Circuit (2006) | 447 F.3d 769; 78 U.S.P.Q. 2d (BNA) 1728; 70 Fed. R. Serv. 187; 2006 U.S. App. LEXIS 12100; 2006 WL 1329955

4 min read

TL;DR: A sheriff's department installed software on more computers than it had licenses for, claiming it wasn't infringement because use was restricted. The court disagreed, finding the over-installation itself constituted copyright infringement not excused by fair use or as an essential step.

Legal Significance: The case clarifies that installing software on more machines than licensed is copyright infringement, regardless of technological measures limiting concurrent use. It reinforces the distinction between a software licensee and an owner for purposes of the § 117 "essential step" defense.

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