However, such distribution is consistent with the decision to end the alleged secrecy policy, to obtain a copyright and to initiate a photo-offset production. There is no evidence that anyone at the time of making the decision to copyright was aware, or had contemplated, the effect of pre-publication distribution. The publication date of October 5, 1975 not only binds FIP, but accords with the facts surrounding the production of the Criswell edition. From all the facts it must be inferred that all the interested parties intended to make the Work as available as possible without limitation.
Conclusion
Based upon the facts as found above and the conclusions of law just set forth, judgment will be entered dismissing the complaint and granting judgment invalidating the copyright with costs to the defendants.
Submit judgment on notice. Upon entry of judgment a stay of ten (10) days will be granted to permit any further emergency proceedings.
It is so ordered.
MOTOROLA CREDIT CORPORATION
and Nokia Corporation, Plaintiffs,
v.
Kemal UZAN, et al., Defendants.
No. 02 Civ. 666(JSR).
United States District Court,
S.D. New York.
Oct. 26, 2003.
