State v. Perry

Citation: State v. Perry, 1997 WL 71299, 41 U.S.P.Q.2d (BNA) 1989 (Ohio Ct. App. Feb. 12, 1997).

A state appellate court reversed a conviction under state law (Ohio Rev. C. §2913.04(A)) for unauthorized use of property, arising out of a BBS operator's unauthorized copying of computer software. The court held that the criminal statute was preempted by the Copyright Act since the "use" was not different in substance from reproduction prohibited by the Copyright Act.

Categury:Software