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WALL DATA v. LOS ANGELES COUNTY SHERIFF'S DEPT.

No. 03-56559.

447 F.3d 769 (2006)

WALL DATA INCORPORATED, Plaintiff-Appellee, v. LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, a division of the County of Los Angeles; County of Los Angeles, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2006.

Attorney(s) appearing for the Case

Dennis G. Martin, Blakely, Sofoloff, Taylor & Zafman, Los Angeles, CA, for the defendants-appellants.

Tod L. Gamlen and Keith L. Wurster, Baker & McKenzie LLP, Palo Alto, CA, for the plaintiff-appellee.

Before MARY M. SCHROEDER, Chief Judge, HARRY PREGERSON, and STEPHEN S. TROTT, Circuit Judges.

PREGERSON, Circuit Judge.

The Los Angeles County Sheriff's Department purchased 3,663 licenses to Wall Data's computer software,1 but installed the software onto 6,007 computers. We are asked to determine whether the Sheriff's Department's conduct constituted copyright infringement. The wrinkle in this otherwise smooth question is that, although the software was installed onto 6,007 computers...

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