The lower court had also adopted Electronic Arts’ argument that Direct Technologies was not a joint author as required by the Copyright Act. The appellate court concluded that a reasonable factfinder could find that Electronic Arts was merely in a position to offer suggestions, but did not ultimately give effect to the idea of how the USB flash drive fit into the PlumbBob object. A genuine issue of material fact therefore existed as to whether Direct Technologies was in control of its artistic contribution to qualify as a joint author in the resulting USB drive prototype. The motion for summary judgment was therefore reversed with regard to the copyright infringement claim.company. The business models are copied and emulated on the internet
