Court of Appeals for the Second Circuit May 18, 1998, Nos. 794, 795 and 796, Dockets 96-9224, 96-9272 and 97-7706 (Graham v. James)

JACOBS, Circuit Judge.

Plaintiff Richard E. Graham (dba Night Owl Computer Service and then through a corporate entity, Night Owl’s Publisher, Inc.1) marketed CD-ROM disks containing compilations of computer programs; defendant Larry D. James created file-retrieval programs that allowed users to access particular programs on Graham’s products or (presumably) other CD-ROM disks.