Part 1 Notes

  1. Computer programs (whether in object code or source code) are literary works. Computer Associates Int'l, Inc. v. Altai, Inc., 982 F.2d 693 (2d Cir. 1992); Atari Games Corp. v. Nintendo of America Inc., 975 F.2d 832 (Fed.Cir.1992).
  2. Copyright Registration Record for UNIX SVR4, obtained from WestLaw's COPYRIGHT database:
    	UNIX system V : release 4.0. 
    CLASS: TX (Textual Works)
    LC RETRIEVAL CODE: C (Machine-readable works)
    STATUS: Registered
    DATE REGISTERED: July 16, 2003 (20030716)
    PREVIOUS REGISTRATION/PUBLICATION: Prev. reg. 1992, TXu 510-028.
    DATE OF PUBLICATION: November 03, 1989
    AUTHOR(s): UNIX System Laboratories, Inc
    APPLICATION AUTHOR(s): UNIX System Laboratories, Inc., employer for hire.
    OWNER(s): SCO Group, Inc.
    LIMITATION OR NEW MATTER: NM: rev. computer program.
    NOTES: Printout only deposited.
    REGISTRATION DEPOSIT: Computer program.
    MISCELLANEOUS: C.O. corres.
  3. Unix System Laboratories, Inc. v. Berkeley Software Design, Inc., 832 F.Supp. 790 (D.N.J.,1993)(finding plaintiff had stated a claim of infringement for distribution but dismissing several other claims). The dispute moved to California when one of the defendants instituted an action in state court. See UCB Complaint
  4. See, e.g.SCO presentation at Trade Show, May 2003; SCO Press Release, "SCO Confirms Copyright Ownership of UNIX®", June 2003.
  5. An example of unprotectable code would be code that was in the public domain.  Also see  Defenses.
  6. SCO Press Release, "The SCO Group's Open Letter to the Open Source Community", September 2003.
  7. SGI "open letter to the Linux community" dated October 1, 2003.
  8. Id.