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Copyright misuse
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=== ''Alcatel USA Inc. v DGI Technologies Inc.'' === The [[United States Court of Appeals for the Fifth Circuit|Fifth Circuit]] upheld the defence of copyright misuse in ''Alcatel USA, Inc. v DGI Technologies, Inc''.<ref>166 F.3d 772 (5th Cir. 1999)</ref> Alcatel licensed the use of its software only along with its manufactured equipment.<ref>166 F.3d 777 (5th Cir. 1999)</ref> The terms of the license banned downloading or copying Alcatel’s software. However, DGI downloaded and copied Alcatel’s software in violation of the licensing agreement in order to ensure compatibility with its product.<ref>supra note 16 at 778</ref> In a suit for infringement of copyright, DGI claimed misuse of copyright by Alcatel.<ref>supra note 16 796</ref> The Court found Alcatel to have exceeded the scope of the copyright grant to gain an extended monopoly, which effectively constituted a copyright misuse.
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