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Tokyo Chihosaibansho Minji Dai 29-Bu [Tokyo District Court, 29th Civil Division], February 27, 1991

Heisei 1 (Yo) no. 2577 (1991)

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Tokyo Chihosaibansho Minji Dai 29-Bu [Tokyo District Court, 29th Civil Division], February 27, 1991

Tokyo District Court
Heisei 1 (Yo) no. 2577 (1991)

Facts

Computer-software company I.C.M. Kabushiki Kaisha (I.C.M.) (plaintiff) and computer-hardware company A.G. Soft Kabushiki Kaisha (A.G. Soft) (plaintiff) were the joint copyright holders of 81 install batch files (IBFs), which provided instructions to a MENU.EXE file. These instructions were necessary to install basic application programs on a personal computer that ran on Microsoft’s MS-DOS operating system. City Soft Kabushiki Kaisha (City Soft) (defendant) made programs that were functionally identical to those of I.C.M. and A.G. Soft. I.C.M. and A.G. Soft used City Soft in the Tokyo District Court, alleging infringement of 42 IBFs.

Rule of Law

Issue

Holding and Reasoning (Shishido, J.)

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