S.O.S., Inc. v. Payday, Inc.
Opinion
Opinion
Fletcher, J.
BACKGROUND
This appeal from grants of summary judgment turns on the interpretation of a computer software agreement and presents issues of copyright law as well as pendent state law claims arising under trade secret, contract, and tort law. We affirm in part, reverse in part, and remand.
STANDARD OF REVIEW
We review grants of summary judgment de novo. Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986). We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Ashton v. Cory, 780 F.2d 816, 818 (9th Cir.1986). Because we begin our review with the district court’s grants of summary judgment in favor of Payday, we view the facts initially in the light most favorable to S.O.S.
FACTS
S.O.S., Inc. specializes in furnishing computer hardware and software to companies that process payrolls, ledgers, and accounts receivable. Payday, Inc. is a company which provides payroll and financial services to the entertainment industry.
In October 1978, S.O.S. acquired from Hagen Systems (not a party to this action) a…