Berry

MEMORANDUM **

Fleming Companies, Inc. (“Fleming”) appeals the district court’s judgment, on Wayne Berry’s (“Berry”) copyright claims, upholding the jury verdict finding that Fleming had willfully modified one of Berry’s computer programs in violation of the license agreement between the two. Berry cross-appeals the district court’s denial of his motion for permanent injunctive relief. For the reasons set forth below, we affirm the district court.

A dispute developed after Berry allowed Fleming to use several of his computer programs that aided in tracking shipping containers. Berry had originally designed the programs in conjunction with Atlantic Pacific International (“API”), a logistics company that tracked inbound freight for Fleming. In 1999, Fleming decided to track its freight “in-house,” and agreed to purchase most of API’s assets. Although none of Berry’s work was included in the purchase agreement, Berry gave Fleming a license to use his software at no charge while Fleming arranged to install its own freight tracking software. Fleming made certain modifications to the software. The jury found the modifications to the Freight Control System (“FCS”) constituted willful…