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June 01, 2006

Limited Publication and Contracts

DaimlerChrysler Services v. Summit Nat. (E.D.Mich. May 22, 2006)

(Note: This summary only addresses issues of copyright law present in this case. Other areas of law were discussed by the court's opinion, but those aspects of the case are not discussed in the summary below.)

District Court holds that under the 17 U.S.C. 405 "limited publication" exception "the relevant inquiry is whether anybody who wanted a copy of [the computer software] could get one." The court rejected the defendants argument that limited publication exception was satisifed by distributing only to the defendant's licensees and not to the public.

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