Federal Circuit Clears Software Repair In Copyright Suit

Law360, New York (August 25, 2005, 12:00 AM EDT) -- Software repair company Custom Hardware did not infringe the copyright of a software maker’s code by hacking in to repair it, the U.S. Court of Appeals for the Federal Circuit ruled Wednesday.

Colorado-based software company Storage Technology (StorageTek) filed the original complaint in October 2002 in U.S. District Court for Massachusetts, seeking to protect its annual maintenance revenue of more than $400 million.

It alleged its copyrighted software code had been infringed when Custom Hardware figured out how to bypass StorageTek’s own maintenance code and provide...
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