A lawsuit over a software marketing deal that went sour must stay in federal court because the plaintiff’s state law claim of tortious interference effectively lodges a challenge to the defendant’s copyright distribution rights and is therefore pre-empted by the Copyright Act, U.S. District Judge R. Barclay Surrick has ruled.
In MCS Services Inc. v. Raleigh Johnsen, et al., Surrick found that the plaintiff’s breach of contract claim was not pre-empted because it alleged an “extra element” that went beyond any copyright claim.
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