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 seminars at issue were “booked” several months before DSI mailed its letter of termination (Dep. 411–13), defendants maintain that letter was ineffective as to those seminars. Thus, they contend, defendants’ use of the programs during those seminars was authorized and non-infringing.

Assuming, as the parties do, that paragraph 13 applies to the Alpha Micro software, I nonetheless cannot agree with defendants’ interpretation of that paragraph. In my view, the plain meaning of paragraph 13 is that DSI cannot stop providing the software in the midst of a seminar. That interpretation is espoused by Melhado (Tr. 108–11), and Censor did not testify to the contrary. While it may cause defendants considerable inconvenience to learn after booking a client that DSI would not provide expected services and software, the plain language of the 1975 agreement does not appear to protect defendants from that possibility. Especially because Censor drafted the document, I will not strain to read it otherwise.

I conclude, therefore, that defendants’ use of the Alpha Micro software during these seminars infringed valid copyrights owned by DSI.

During the hearing, plaintiff presented considerable evidence concerning a second specific claim of infringement. This claim involves certain software not provided by DSI now used by defendants to run at least one of the Alpha Microcomputer simulation games (the “1986 software”). Plaintiff maintains that the 1986 software was unlawfully derived from the copyrighted Alpha Micro programs. Plaintiff failed to brief this issue, however, in its post-hearing memoranda. Indeed, I had considered this claim abandoned, until I received a letter dated August 27, 1986 from plaintiff’s counsel which indicated that it believed the issue sub judice. I decline to consider this claim, however, without the benefit of memoranda of law addressing this claim. If plaintiff wishes to pursue its claim as to the “1986 software,” it is directed to serve by hand and file memoranda of law addressing any issues raised by that claim within ten (10) days of the date of this Memorandum Opinion and Order. Defendants may serve by hand and file papers in response within ten (10) days of service of such papers, if any.

Conclusion

For the foregoing reasons, I find it likely that plaintiff will succeed on the merits of its copyright claim. Plaintiff’s motion for a preliminary injunction against further infringement of its copyrights in the 1983 Operations Management Source Code and 1984 Project Management Source Code is therefore granted. Plaintiff may settle an appropriate order on five (5) days’ notice.

No order will issue at this time pertaining to the 1986 software now in use by defendants. Plaintiff may pursue such claim in accordance with the above-outlined procedure, failing which I will deem that claim withdrawn.

It is SO ORDERED.