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Asset Marketing Systems, Inc. v. Kevin Gagnon, d/b/a Mister Computer was a case in the United States Court of Appeals for the Ninth Circuit regarding implied licenses to use, modify, and retain the source code of computer programs, and the enforceability of non-competition agreements. The court affirmed the ruling from the United States District Court for the Southern District of California that Kevin Gagnon, a software contractor, had impliedly granted Asset Marketing Systems (AMS) an unlimited license to use, modify, and retain the source code of the programs that Gagnon created. [1] The case is noteable, as the Court held that an implied software license is granted when the licensee requests the creation of a work, the licensor creates and delivers the work, and the licensor intends that the licensee to copy and distribute the work.
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Court | United States Court of Appeals for the Ninth Circuit |
Full case name | Asset Marketing Systems, Inc. v. Kevin Gagnon, d/b/a Mister Computer |
Decided | September 10, 2008 |
Case history | |
Prior actions | Judge Rudi M. Brewster concluded Gagnon had granted AMS an unlimited license to use, modify, and retain the source code of the programs that defeated his copyright infringement and trade secret misappropriation claims |
Court membership | |
Judges sitting | Barry G. Silverman, Johnnie B. Rawlinson, and Milan D. Smith, Jr. |
Case opinions | |
Judge Milan D. Smith held that contractor impliedly granted organization an unlimited license, organization could not have misappropriated contractor's trade secret, and non-competition agreements were invalid. |