Limit Access (copyright law/ Encryption/software/password)

Limit Access (copyright law/ Encryption/software/password)

Li Dongtao

Description: In cyberspace, access can lead to copying.

The Facts

Just like me, they long to be

Close to you.¹

This is a case about “close to/access”.

The plaintiff is a software company.

The defendant is a former employee of the plaintiff.

In August 2001, the plaintiff began selling its own software on its website.

Anyone wanted to download the plaintiff's software from the plaintiff web site was asked to become a registered user by filling out a form at the plaintiff's website and paying regular user fees (yearly, monthly or weekly). After doing this, a registered user would receive a user account with a password. Only registered users with accounts and passwords were able to download the plaintiff’s latest software products.

In August 2002, the defendant resigned and established his own software company.

In October 2002, the plaintiff found some of its user account numbers and passwords had been published at the defendant’s blog.

The plaintiff sued the defendant for copyright infringement.

The defendant argued that the copyright infringement was not established but because he didn’t reproduce the plaintiff’s software.

Analysis

The copyright infringement is established.

In the past, a copyright was regarded as a means to limit copying for commercial purposes.

In the Internet age, an author’s right must be extended to limit free access because access can lead to copying.

In this case, though the defendant didn’t download/reproduce the plaintiff’s software directly, but it let anyone download the plaintiff’s software freely by disclosing relevant passwords.

In short, not like the defendant, close to copyright infringement. 

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