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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Action Tapes v Kelly Mattson, 462 F.3d. 1010 (8th. Cir. 2006)

PLAINTIFF: Action Tapes has assembled a portfolio of graphic embroidery designs which it embeds on disk-like memory cards that enable computer-run sewing machines to stitch the embedded design on fabric and apparel.

DEFENDANT: Kelly Mattson is the owner of a sewing machine supplies store in northern Minnesota. She bought memory cards from Action Tapes, and rented them to her customers, without obtaining authorization from Action Tapes.

Action Tapes commenced the action for willful copyright infringement, alleging that Mattson had repeatedly violated the Rental Amendments Act by renting Action Tapes memory cards to her customers without Action Tapes' permission. The district court granted summary judgment in favor of Mattson, concluding that Action Tapes memory cards contain only data, not computer programs. Action Tapes appealed.

Without reaching the question decided by the district court, the Court of Appeals affirmed on a different ground -- that Action Tapes failed to prove it applied for registration of the computer program copyrights before commencing the infringement suit. The registrations received by Action Tapes were from using the wrong forms and information.

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