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Federal Circuit addresses scope of immunity waiver for copyright and DMCA claims

By McKee, Voorhees & Sease, P.L.C.

In a decision Friday, the Federal Circuit affirmed a decision from the United States Court of Federal Claims dismissing a copyright holder's claims for lack of jurisdiction on the ground that the Government had not waived sovereign immunity.  The suit arose from alleged copyright infringement and an alleged violation of the Digital Millennium Copyright Act of 1998 (DMCA).

The Federal Circuit found that the CFC's decision did not contain any reversible legal error in determining that there was no waiver of sovereignty in either the copyright infringement claim or the claim of a violation of the DMCA.  Specifically, the court held that because the author of the copyrighted software was, by virtue of his employment in the Air Force's Manpower User Group, in a position to "order, influence, or induce use" of the software by the Government, thereby placing the suit outside the scope of waiver provided in 28 U.S.C. § 1498(b).  Further, the government has not waived immunity for DMCA claims.  As a result, the court affirmed the dismissal of the case.

More regarding Blueport Co. v. United States after the jump.

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Full post as published by FileWrapper on July 27, 2008 (boomark / email).