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ARTICLE · 16 OCTOBER 2011

Recent First Circuit Decision Provides Important Lessons On Copyright Diligence

Software companies, and those companies that develop proprietary software for their internal use, should carefully note lessons coming out of the recent U.S. Court of Appeals for the First Circuit decision in "Airframe Systems, Inc. v. L-3 Communications Corp.", No. 10-2001 (1st Cir. September 14, 2011):

United StatesIntellectual Property

Software companies, and those companies that develop proprietary software for their internal use, should carefully note lessons coming out of the recent U.S. Court of Appeals for the First Circuit decision in Airframe Systems, Inc. v. L-3 Communications Corp., No. 10-2001 (1st Cir. September 14, 2011):

BEST PRACTICE LESSONS

First Lesson

Register all copyrights in both the original version and all subsequently modified versions of your software.

Second Lesson

Maintain complete copies of each version of software, in both source and object code.

Because the plaintiff, Airframe Systems, failed to take these steps, it lost its copyright infringement case at the district court level and on appeal.

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