About: Asset Marketing Systems, Inc. v. Gagnon     Goto   Sponge   NotDistinct   Permalink

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Asset Marketing Systems, Inc. v. Gagnon was a case heard by 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 doing business as "Mr. Computer", had implicitly granted Asset Marketing Systems (AMS) an unlimited license to use, modify and retain the source code of the programs that Gagnon created. The case is notable because 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 int

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  • Asset Marketing Systems, Inc. v. Gagnon
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  • Asset Marketing Systems, Inc. v. Gagnon was a case heard by 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 doing business as "Mr. Computer", had implicitly granted Asset Marketing Systems (AMS) an unlimited license to use, modify and retain the source code of the programs that Gagnon created. The case is notable because 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 int
sameAs
full name
  • Asset Marketing Systems, Inc. v. Kevin Gagnon, d/b/a Mister Computer
name
  • Asset Marketing Systems, Inc. v. Gagnon
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  • External Image
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court
judges
  • Barry G. Silverman, Johnnie B. Rawlinson, and Milan D. Smith, Jr.
date decided
opinions
  • Judge Milan D. Smith held that contractor Gagnon impliedly granted AMS an unlimited license, thus, AMS could not have misappropriated contractor's trade secret, and non-competition agreements were invalid.
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, which led to the defeat of his copyright infringement and trade secret misappropriation claims.
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has abstract
  • Asset Marketing Systems, Inc. v. Gagnon was a case heard by 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 doing business as "Mr. Computer", had implicitly granted Asset Marketing Systems (AMS) an unlimited license to use, modify and retain the source code of the programs that Gagnon created. The case is notable because 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 the licensee to copy and distribute the work.
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