The panel affirmed in part and reversed in part the district court’s summary judgment in favor of the defendants in an action under the Copyright Act.
Design Data Corporation alleged that Unigate Enterprise, Inc., infringed the copyright on Design Data’s computer aided design program by downloading an unauthorized copy of the program and importing and distributing within the United States program output generated by a Chinese contractor using an unauthorized copy of the program. The panel reversed the district court’s summary judgment on the downloading claim. The panel held that there was a material question of fact whether Unigate’s download was more than an insignificant violation of Design Data’s copyright.#
The panel affirmed the district court’s summary judgment on the importation-and-distribution claim. The panel held that the copyright in the program did not extend to the program’s output of images and files. The panel also affirmed the district court’s decision to refuse Design Data a further opportunity to amend its complaint.