Facts

Plaintiff Applied Business Software Inc. (ABS) developed and licensed computer software for real estate lending companies, including "Mortgage Office," which helped industry professionals understand California real estate and lending laws. Multiple versions of Mortgage Office had registered copyrights. ABS entered into a licensing agreement with Wizard Financial Investments & Loans Inc., which was signed by its president, Joseph Bush.

ABS filed suit against Wizard Financial and Bush, alleging copyright infringement and breach of contract. Wizard Financial filed a counterclaim against Applied Business, alleging breach of contract.

PLAINTIFF'S CONTENTIONS:
ABS contended that Wizard Financial loaded the software onto a terminal server, which allowed access and installments of the program exceeding the license's scope. ABS also alleged that the software was used on more than one computer in violation of the licensing agreement. ABS further contended that Wizard Financial used unauthorized copies of Mortgage Office for economic benefit, breaching the licensing contract signed by the parties.

Damages

ABS sought over $50,000 in damages, as well as a permanent injunction for Wizard Financial's use of the software, interest, and attorney fees.

Result

The court awarded ABS $90,000 plus interest, and also granted injunctive relief, prohibiting Wizard Financial from using the copyrighted software.