The US Navy was convicted of copyright infringement and ordered to pay a software company $154,400 in a lawsuit filed in 2016. A company, Bitmanagement Software GmbH, has filed a complaint against the Navy, accusing the military division of infringing copyright.
GmbH claimed to have published 38 copies of its 3D virtual reality software, BS Contact Geo, but while additional licenses were still under negotiation, the Navy sold at least 558,466 between 2013 and 2015. I have installed this software on my machine.
in the Court submission, GmbH claims: Bitmanagement does not license or authorize these uses of its software. The Navy has never compensated her Bitmanagement for these uses of Bitmanagement’s software. ”
The company sued the navy $600 million for “willful piracy” of software. websiteis a 3D viewer that “allows you to visualize and manipulate state-of-the-art 2D/3D content” and “creates images based on digital data from a variety of sources (land surveys, CAD, satellite imagery, aerial laser scans, etc.). ”
According to court filings, after GmbH filed a lawsuit in July 2016, the Navy uninstalled BS Contact Geo software from all computers and “then reinstalled the software on 34 seats for inventory control. Did”.
GmbH wrote in its court filings: Nevertheless, the government failed to obtain such a license. ”
However, the Navy replied: Submission to another courtclaimed that the pre-existing license it acquired would allow it to make additional copies of the software without the need for additional payment.
“Defendants deny that the license was limited to the installation of BS Contact Geo on a total of 38 Navy personal computers,” the filing alleged. “Defendant further denies that the Navy procured a concurrent use network installation license for BS Contact Geo.”
The software company claimed the license was worth $1,067.76 per copy, but David Kennedy, Navy expert witness and Certified Public Accountant (CPA) at Pricewaterhouse Coopers, said the price per license was $1,067.76. Decided it was $200.
Kennedy’s testimony was found to be credible, the court filing said, adding, “Kennedy was on the Navy side of the equation, what the Navy had previously agreed to, the ultimate use of the software, and limited I have seen and testified to the quantity.”
The Court of Federal Claims held that Kennedy’s conclusion was “fair and reasonable.” Award GmbH $154,400.