Recent Copyright Infringement Filing: FM-IP Holding Corp v. EME Group

Thou shall not copy software if thou has no license for it – Common Sense aided by Copyright Law

Earlier this month, a new copyright infringement claim was filed in the Federal District Court of Puerto Rico. The case is FM-IP Holding Corp. v EME Group, et al, 3:11-cv-01133. Essentially, plaintiff alleges to own the copyright to a software program that was licensed to one of the defendants, EME Group. EME Group then turned around and began licensing the program to other parties without the consent of the owner.

Needless to say, the Copyright Act does not look favorably on that type of conduct. FM-IP Holdings filed their infringement claim and request for injunctive relief. There is also a matter of breach of fiduciary duty, but I won’t get into that. The complaint is well documented with copies of all the registrations and contracts, so I would not be surprised if this case goes by means of summary judgement but to date, defendant’s have not filed their response.

Here is the complaint, enjoy!

FM-IP v. EME

About Jean Vidal

Born and raised in Puerto Rico and currently working in a San Juan law firm as a litigation associate. Obtained a Master of Law in Intellectual Property from The George Washington University in 2009 and currently admitted to practice in Puerto Rico, California and the Court of Appeals for the First Circuit.