Asset Marketing Systems, Inc. v. Gagnon
United States Court of Appeals for the Ninth Circuit
542 F.3d 748 (2008)
Relevant factsFree
Gagnon (plaintiff) built custom software for AMS (defendant) over a four-year relationship for roughly $2 million, and though an unsigned outside-vendor agreement stated AMS would have a non-exclusive, unlimited license while Gagnon retained the copyrights, Gagnon installed the software on AMS's computers and never mentioned any need for future licensing renewal before their relationship ended and each side claimed ownership.
IssueFree
Whether a non-exclusive license to use a copyright-protected work may be implied based on the conduct of the relevant parties.
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