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ADVANCED COMPUTER SERVICES v. MAI SYSTEMS

Civ. A. No. 93-667-A.

845 F.Supp. 356 (1994)

ADVANCED COMPUTER SERVICES OF MICHIGAN, INC., d/b/a Advanced Computer Services; MGM Associates, Inc., d/b/a Business Systems, Inc.; Data Systems Support, Inc.; Basic System Services, Inc.; React Computer Services, Inc.; Pacific React Services, Inc.; and Total Support Incorporated, Plaintiffs, v. MAI SYSTEMS CORPORATION, Defendant. MAI SYSTEMS CORPORATION, Counterclaim-Plaintiff, v. ADVANCED COMPUTER SERVICES OF MICHIGAN, INC., d/b/a Advanced Computer Services; MGM Associates, Inc., d/b/a Business Systems, Inc.; Data Systems Support, Inc.; Basic System Services, Inc.; React Computer Services, Inc.; Pacific React Services, Inc.; Total Support Incorporated; and Tim Peter Francis, an individual, Counterclaim-Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

February 3, 1994.

Attorney(s) appearing for the Case

Nathan Vance Holt, Jr., Douglas E. Rosenthal, Douglas B. Rutzen, Grace W. Lawson, Coudert Bros., Washington, DC, Ronald S. Katz, Janet S. Arnold, Coudert Bros., San Francisco, CA, for plaintiffs.

Paul James Kennedy, Kip Schwartz, Graham and James, Washington, DC, Elliott J. Stein, Gen. Counsel, MAI Systems Corp., Irvine, CA, for defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

I.

Does the act of transferring a copyrighted software program from a computer's hard drive or permanent memory to its random access memory ("RAM") amount to the making of a "copy" under the Copyright Act, 17 U.S.C. § 101 et seq. ("the Act"), so as to constitute infringement of the software copyright?

This important question, undecided in this circuit, is central to the disposition...

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