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STATE v. PERRY

No. 97-628.

83 Ohio St.3d 41 (1998)

THE STATE OF OHIO, APPELLANT, v. PERRY, APPELLEE.

Supreme Court of Ohio.

Decided August 19, 1998.

Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Steven W. Rakow, Assistant Prosecuting Attorney, for appellant.

Christine Y. Jones and Jay Clark, for appellee.

Frost & Jacobs, L.L.P., and Stephen L. Gillen, urging reversal for amicus curiae, Microsoft Corporation.

Sandra E. Pinkerton and Robert L. Berry, urging reversal for amicus curiae, Buckeye State Sheriffs Association.

MOYER, C.J.

We hold that prosecution of state charges of unauthorized use that are based solely upon the unauthorized uploading, downloading, and posting of computer software on a computer bulletin board is preempted by the federal copyright laws.

I

The federal copyright laws expressly preempt any state law actions which govern "legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright...

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