Adobe Systems, Inc. v. Stargate Software Inc.

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiff, Adobe Systems Inc., (“Adobe”) filed this action against Defendant, Star-gate Systems Inc., (“Stargate”) for copyright infringement of Adobe’s educational software. Presently before the Court are the Parties’ Cross-Motions for Summary Judgment. Based upon all papers filed to date and oral argument of counsel at the hearing, Stargate’s Motion for Summary Judgment is DENIED and Adobe’s Motion for Summary Judgment is GRANTED.

II. BACKGROUND

Adobe is one of the leading software development and publishing companies in the United States. Some of its copyrighted software products include Adobe Illustrator, Adobe Pagemaker, and Adobe Acrobat. Adobe contends that it distributes its software products under license to a network of distributors and original equipment manufacturers. These distributors sign license agreements that permit them to engage in limited re-distribution to entities or individuals authorized by Adobe. Adobe claims all Adobe software products are subject to a shrink-wrap End User License Agreement (“EULA”) that prohibits copying or…