The U.S. Court of Appeals for the Fifth Circuit has ruled that a plaintiff’s failure to produce a copy of the copyrighted work, thus preventing a side-by-side comparison with the alleged infringement, precludes an infringement claim¾evidence of direct copying notwithstanding. Bridgmon v. Array Systems Corp., Case Nos. 01-10367, 01-10703, (5th Cir. Mar. 20, 2003).
Bridgmon authored the ADS computer program, for which he obtained a copyright registration. Array was licensed to use and sublicense certain software known as ICUS under a license agreement between Bridgmon’s company, ICU Technology Corporation, and Array. Bridgmon later notified Array of nonpayment of royalties under that agreement and terminated the license. Bridgmon then filed suit, alleging that Array’s unlicensed use and distribution of ICUS constituted copyright infringement. However, Bridgmon was unable to produce a copy of the ADS software. The only evidence of its content consisted of Bridgmon’s oral testimony and a
