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RIVIERA DISTRIBUTORS, INC. v. JONES

Nos. 06-2043, 06-3692.

517 F.3d 926 (2008)

RIVIERA DISTRIBUTORS, INC., and Larry L. Hartley, Plaintiffs-Appellees, v. Timothy S. JONES and Midwest Electronic Specialties, Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 20, 2008.

Attorney(s) appearing for the Case

Robert M. Riffle (argued), Elias, Meginnes, Riffle & Seghetti, Peoria, IL, for Plaintiffs-Appellees.

James P. Murphy, McAndrews, Held & Malloy, Chicago, IL, Thomas J. Arkell, Dunn, Willard, Arkell & Bugg, Bloomington, IL, for Defendants-Appellants.

Before EASTERBROOK, Chief Judge, and RIPPLE and KANNE, Circuit Judges.

EASTERBROOK, Chief Judge.

Both sides to this litigation hold copyrights in software. Plaintiffs (which we call Riviera) contend that the "Stars and Stripes" video-poker game sold by defendants (which we call Midwest) infringes Riviera's "Americana" source code. (There are several other games and sets of code, which we bypass to simplify the exposition.) After the suit had been pending for more than a year — and long after the time for a voluntary dismissal...

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