Los Angeles Times Communications LLC v. Software AG, Inc.

    DisputeSoft was engaged as a testifying expert in July 2007 by Los Angeles Times Communications LLC (LA Times) in the matter of Los Angeles Times Communications LLC v. Software AG, Inc. in the U.S. District Court for the Central District of California, Los Angeles. The LA Times licensed software tools from Software AG, which the publishing company used to develop a proprietary database, Integrated Circulation Information System (ICIS), to manage newspaper subscriber information. Under the agreement, the software could only be used on the Software AG mainframe, and operated by the LA Times or its agents for internal business purposes. After the LA Times decided not to renew the agreement, Software AG claimed that the newspaper company was in breach of its license agreement and infringing upon Software AG’s copyright by allowing third parties to copy and use the software offsite.

    Nature of Dispute

    Software AG alleged that the LA Times:

    1
    Breached the license agreement by allowing a third-party vendor to access the software when receiving inbound customer service calls.
    2
    Committed copyright infringement by allowing newspaper subscribers to access their account information on ICIS using the Internet.

    Our Services

    As software experts, DisputeSoft:

    1
    Reviewed case documents, including the software license agreement (SLA), software documentation, and system architecture diagrams, and interviewed fact witnesses.
    2
    Analyzed the Rumba terminal emulation software used by the third-party vendor to access the software mainframe and observed the functions performed to edit customer information.
    3
    Submitted a declaration in support of the LA Times’ motion for summary judgment, and gave deposition testimony regarding our opinions with respect to alleged breach of a license agreement and copyright infringement.

    The case settled in November 2007, prior to trial.

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