Micro-Sparc, Inc. v. Amtype Corp.

MEMORANDUM AND ORDER ALLOWING PLAINTIFF’S (AND DENYING DEFENDANT’S) MOTION FOR SUMMARY JUDGMENT

GARRITY, District Judge.

In what may be a case of first impression, we are called upon to decide whether copyrighted computer programs that appear in a magazine published by the copyright owner may be put on disks, 1 duplicated and sold to purchasers of the magazine by a third party.

Plaintiff, Micro-SPARC, Inc., publishes Nibble, a monthly magazine aimed at users of Apple brand computers. Each issue of Nibble, which sells for $3.25, contains twelve to fifteen computer programs that readers may type…