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Court affirms judgment in school district's favor

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The 7th Circuit Court of Appeals affirmed summary judgment in favor of Indianapolis Public Schools in a copyright infringement case, but first had to decide whether it could proceed on the merits.
 
In Angela E. Brooks-Ngwenya v. Indianapolis Public Schools, No. 08-1973, Angela Brooks-Ngwenya sued the school system after she was fired claiming copyright infringement over the school's use of a program that she developed for the school, and employment discrimination. Her discrimination claims were barred because they had already been settled in a previous suit.

While working at a middle school, Brooks-Ngwenya developed "Transitioning into Responsible Students" or TIRS, which she claimed IPS promised to buy and to hire her as a full-time permanent classroom coordinator if the program was successful. The school continued to use TIRS after she was fired and didn't purchase the program.

In the suit that settled, she had claimed copyright infringement, but that issue was dismissed without prejudice. She renewed her claims in District Court in 2007. The District Court granted summary judgment in favor of IPS, ruling she couldn't win on the copyright claim because registration is a prerequisite to file a suit and her application to register TIRS was rejected by the Copyright Office. The office later approved her application.

In order to rule on Brooks-Ngwenya's suit, the per curium court had to decide whether she could proceed with her copyright infringement claim. The 7th Circuit examined the requirements under 17 U.S.C. Section 411(a), which say an applicant must inform the Register of Copyrights about any suit. Even though there's no evidence she sent notice of the suit, the purpose of the notification requirement was fulfilled, the per curium court ruled.

"The district court should have insisted on Brooks-Ngwenya's compliance with the requirement that she notify the Copyright Office about her lawsuit. Otherwise the Register would have no opportunity to choose to defend the decision to deny registration. But the point is now academic, because the Register did weigh in during the litigation, not by intervening but by granting Brooks-Ngwenya's renewed application," wrote the court. "We are free to recognize that fact even though the district court was incorrectly persuaded by IPS that it could not."

The record showed Brooks-Ngwenya didn't prove or even try to prove IPS copied any of the material protected by the copyright and copyright protection doesn't apply to an idea but to the original expression of it, wrote the court.

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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