Navy’s failure to track simultaneous users created copyright infringement liability.

Though the Court of Federal Claims correctly found that the U.S. Navy was deemed to have received an implied-in-fact license to copy Bitmanagement Software GmbH’s copyrighted graphics-rendering software onto its computers, the trial court erred by not finding that the Navy breached this license when it did not monitor the number of users at any given time, which was a condition of the license, the U.S. Court of Appeals for the Federal Circuit has held. The appellate court held that the Navy is liable for copyright infringement and remanded the case for the determination of damages (Bitmanagement Software GmbH v. U.S., February 25, 2021, O’Malley, K.).

Case date: 25 February 2021
Case number: Federal Circuit, No. 20-1139
Court: United States Court of Appeals

A full summary of this case has been published on Kluwer IP Law.


To make sure you do not miss out on regular updates from the Kluwer Copyright Blog, please subscribe here.

Kluwer IP Law

The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?

Learn how Kluwer IP Law can support you.

Kluwer IP Law
This page as PDF

Leave a Reply

Your email address will not be published. Required fields are marked *