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BUC International Corp v. International Yacht Council Ltd.

489 F.3d 1129 (2007)

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BUC International Corp v. International Yacht Council Ltd.

United States Court of Appeals for the Eleventh Circuit

489 F.3d 1129 (2007)

Facts

BUC International Corporation (plaintiff) designed a computer network and software application called BUC Marine Sales & Charter Network (BUCNET) in order to create a centralized database of yacht listings for brokers. The BUCNET database was not available to the public; rather, brokers gained access to BUCNET by entering into a license agreement with BUC. Each vessel listing was submitted by a licensed broker using a Standard Listing Form and Format developed by BUC unless the broker found another arrangement more suitable, in which case the broker modified the format. BUC selected and arranged the format’s section headings that appeared on the computer screen and successfully registered the compilation, selection, and organization of the BUCNET database. Later, the International Yacht Council Limited (IYC) (defendant) entered into a contract with MLS Solutions, Inc. (defendant) to design a database of vessel listings similar to that of BUCNET. Each vessel listing was placed on the IYC website by MLS Solutions, who received the listings from brokers, most of whom were BUCNET licensees. These BUCNET licensees copied the listings submitted to BUC, and MLS Solutions would, in turn, place them on the IYC website. When BUC discovered that IYC’s website presented over 4,400 listings that replicated BUCNET listings, it filed suit for infringement. The district court ruled in BUC’s favor, and IYC and MLS Solutions appealed.

Rule of Law

Issue

Holding and Reasoning (Tjoflat, J.)

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