Software Use Following Expiration of License Constitutes Breach, Copyright Infringement

A licensee’s continued use of a software program following the expiration of the licensing agreement constituted a breach of contract and made the licensee liable for copyright infringement, the U.S. District Court for the Western District of New York ruled July 12 (Clinical Insight Inc. v. Louisville Cardiology Medical Group PSC, W.D.N.Y., 6:11-cv-06019-MAT-MWP, 7/12/13).

The court granted the plaintiff summary judgement on the breach and the infringement claims after it rejected the defendant’s argument that it had terminated the licensing agreement. Although the defendant did notify the plaintiff in writing that it wanted to terminate the agreement, it ...