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XOOM, INC. v. IMAGELINE, INC.

No. 02-1121.

323 F.3d 279 (2003)

XOOM, INCORPORATED; Aztech New Media International Corporation (Joined); Media Graphics International, Incorporated (Joined), Plaintiffs-Appellees, and MacMillan Digital Publishing USA, a division of Prentice-Hall, Incorporated (Joined), Plaintiff, v. IMAGELINE, INCORPORATED; George P. Riddick, III, Defendants-Appellants, and Compliance Services, Incorporated; Wayne K. Nystrom; Sprint Software Party Limited, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 21, 2003.

Attorney(s) appearing for the Case

ARGUED: Thomas Henry Oxenham, III, Chandler, Franklin & O'Bryan, Charlottesville, Virginia; Wyatt B. Durrette, Jr., Durrette Bradshaw, P.L.C., Richmond, Virginia, for Appellants. Tobey Baroukh Marzouk, Marzouk & Parry, Washington, D.C., for Appellees.

ON BRIEF: Bradford M. Young, Chandler, Franklin & O'Bryan, Charlottesville, Virginia, for Appellants. Thomas M. Parry, Marzouk & Parry, Washington, D.C.; Robert M. Tyler, McGuirewoods, L.L.P., Richmond, Virginia, for Appellees.

Before MICHAEL and GREGORY, Circuit Judges, and JAMES H. MICHAEL, Jr., Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part, reversed in part, and remanded by published opinion. Judge GREGORY wrote the opinion in which Judge MICHAEL and Senior Judge MICHAEL joined.

OPINION

GREGORY, Circuit Judge:

Xoom, Inc. ("Xoom") filed suit in federal district court against Imageline, Inc. ("Imageline"), seeking relief under federal and state law for alleged violations of the Copyright Act of 1976 ("Copyright Act") and interference with contractual rights. In response...

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