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SAS Inst., Inc. v. World Programming Ltd.

2016 WL 3435196 (2016)

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SAS Inst., Inc. v. World Programming Ltd.

United States District Court for the Eastern District of North Carolina
2016 WL 3435196 (2016)

Facts

World Programming Ltd. (defendant) obtained a license to use educational software (the learning software) manufactured by SAS Inst., Inc. (SAS) (plaintiff). The learning software helped familiarize users with how to utilize SAS’s main software program (the primary software), which was available separately. The licensing agreement did not transfer any title of any goods from SAS to World Programming, and at no time did World Programming purchase the learning software from SAS. Rather, the licensing agreement declared that the learning software was copyrighted. The licensing agreement explicitly barred World Programming from selling, transferring, or assigning the license to a third party. SAS sued World Programming for breach of the licensing agreement. SAS claimed that, in violation of the licensing agreement’s terms, World Programming used the learning software to develop its own pirated, lower-cost version of SAS’s primary software in an attempt to steal SAS’s customers. The jury awarded SAS consequential damages. World Programming sought relief from these damages on the ground that they were barred under the Uniform Commercial Code (UCC).

Rule of Law

Issue

Holding and Reasoning (Faber, J.)

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