Among the software provided by MAI is the operating system software necessary for the computers' operation.29 Peak Computer, Inc. provides routine maintenance and ordinary repairs for computer systems. Prior to the dispute, a majority of Peak's business came from the repair of MAI computers." On March 17, 1992, MAI filed suit in district court against Peak, alleging in part that Peak's use of MAI software constituted copyright infringement and seeking a temporary restraining order and a preliminary injunction. MAI received a preliminary injunction that barred Peak from "infringing MAI's copyrights in any manner and from using.., or otherwise disposing of any copies or portions of copies of [certain] MAI copyrighted [programs]."3 The order also barred Peak from "maintaining any MAI computer system."33 The court subsequently granted partial summary judgment for MAI and entered a permanent injunction enjoining Peak from "copying, disseminating, selling, purchasing, distributing, loaning, or otherwise infringing MAI's copyrighted works, or any derivatives thereof."' The …show more content…
Finally, the court dismissed the possibility that Peak's use might be protected by section 117, asserting that the Peak customers did not qualify as "owners" under section