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Microsoft Corp. v. Harmony Comps. & Elecs., Inc., 846 F. Supp. 208 (E.D.N.Y. 1994), was an Eastern New York District Court decision regarding copyright infringement and breach of license agreement. Microsoft Corp. (referred to as "Microsoft" below) filed the lawsuit against Harmony Comps. & Elecs., Inc. (referred to as "Harmony" below) and its president, Stanley Furst (together referred to as the "defendants" below), seeking declaratory and injunctive relief and treble damages. The defendants did not contest the plaintiff's claim that Harmony sold Microsoft's products without any licenses or authorization, or that they sold Microsoft's products stand-alone, which violated Microsoft's license agreement. Instead, the defendants argued that their action was protected by the first-sale doctrin

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  • Microsoft Corp. v. Harmony Computers & Electronics, Inc. (en)
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  • Microsoft Corp. v. Harmony Comps. & Elecs., Inc., 846 F. Supp. 208 (E.D.N.Y. 1994), was an Eastern New York District Court decision regarding copyright infringement and breach of license agreement. Microsoft Corp. (referred to as "Microsoft" below) filed the lawsuit against Harmony Comps. & Elecs., Inc. (referred to as "Harmony" below) and its president, Stanley Furst (together referred to as the "defendants" below), seeking declaratory and injunctive relief and treble damages. The defendants did not contest the plaintiff's claim that Harmony sold Microsoft's products without any licenses or authorization, or that they sold Microsoft's products stand-alone, which violated Microsoft's license agreement. Instead, the defendants argued that their action was protected by the first-sale doctrin (en)
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  • Microsoft Corp. v. Harmony Comps. & Elecs., Inc. (en)
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  • Microsoft Corp. v. Harmony Comps. & Elecs., Inc., 846 F. Supp. 208 (en)
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  • Microsoft Corp. v. Harmony Computers & Electronics, Inc. (en)
Holding
  • Defendant's selling of copyrighted Microsoft products, without license or authorization, constituted copyright infringement, was not protected by the first-sale doctrine, and its distribution of the plaintiff's products in a stand-alone fashion violated the Microsoft License Agreement. (en)
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  • Microsoft Corp. v. Harmony Comps. & Elecs., Inc., 846 F. Supp. 208 (E.D.N.Y. 1994), was an Eastern New York District Court decision regarding copyright infringement and breach of license agreement. Microsoft Corp. (referred to as "Microsoft" below) filed the lawsuit against Harmony Comps. & Elecs., Inc. (referred to as "Harmony" below) and its president, Stanley Furst (together referred to as the "defendants" below), seeking declaratory and injunctive relief and treble damages. The defendants did not contest the plaintiff's claim that Harmony sold Microsoft's products without any licenses or authorization, or that they sold Microsoft's products stand-alone, which violated Microsoft's license agreement. Instead, the defendants argued that their action was protected by the first-sale doctrine 17 U.S.C ยง109(a) (1977). After reviewing the facts, the court found that the defendants' action constituted copyright infringement, and that the first-sale doctrine did not apply since the defendants failed to prove that the Microsoft products they sold were lawfully acquired. The court also ruled that the defendants breached Microsoft's software license agreement by selling the products stand-alone. (en)
date decided
  • Feb. 7, 1994 (en)
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