Legal Opinion
State v. Perry
Ohio Supreme Court
Decided August 19, 1998No. 97-628PublishedCited by 19 opinions
1Opinion of the CourtMoyer, C.J.
We hold that prosecution of state charges of unauthorized use that are based solely upon the unauthorized uploading, downloading, and posting of computer software on a computer bulletin board is preempted by the federal copyright laws.
I
The federal copyright laws expressly preempt any state law actions which govern “legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression and come within the subject matter of copyright as specified by…
2Cases cited22 opinions
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
- MAI Systems Corp. v. Peak Computer, Inc.Court of Appeals for the Ninth Circuit · 1993
- Data General Corp. v. Grumman Systems Support Corp.Court of Appeals for the First Circuit · 1994
- Dowling v. United StatesSupreme Court of the United States · 1985
- ProCD, Inc. v. ZeidenbergCourt of Appeals for the Seventh Circuit · 1996
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. ShafferCourt of Appeals for the Tenth Circuit · 2007
- Butler v. Continental Airlines, Inc., Texas Court of Appeals, 1st District (Houston)2000
- Getaped. Com, Inc. v. CangemiDistrict Court, S.D. New York · 2002
- People v. WilliamsIllinois Supreme Court · 2009
- State v. TamburinOhio Court of Appeals · 2001
14 more not listed; retrieve them via the Exa API.