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 source code, some printouts from “user interactions,” and the printed rules for the game. He also consulted with Paris, who had written the 1975 source code for the Operations Management simulation. Melhado concludes that without Paris’ assistance, it would have taken too long for him to create the 1981 source code to make the effort practical from a business standpoint. Even with Paris’ assistance, it appears to have taken several months. Melhado states, however, that he did not use the 1975 source code written by Paris in writing the 1981 program, because he found the code written by Paris incomprehensible. According to Melhado, the 1981 source code plays the same Operations Management game, with the same output, as the 1975 Operations Management source code. (Tr. 81–94).

There is no indication in the record when Censor became aware of the 1981 project for the Commercial Bank of Kuwait. However, DSI neither asked Censor’s permission before creating the new Operations Management source code nor paid him anything for its use of the game or output resulting from user interaction with the 1975 source code. (Tr. 81–94).

In 1983 and 1984, DSI created programs for smaller Alpha Microcomputers. These programs (hereinafter the “Alpha Micro” software or programs) are the focus of the present dispute. An Operations Management program was created in 1983 (the “1983 Operations Management program”), and a Project Management program for the smaller Alpha Micro hardware followed in 1984 (the “1984 Project Management program”). It is not clear when and how Censor himself was involved in this project. It does not appear to have been undertaken for any particular client; rather, a decision was made to phase out Censor’s use of timesharing computers in favor of the more convenient and economical Alpha Micro hardware. (Tr. 12–13; Dep. 355–56). No writing memorializes the arrangement by which DSI was to create, and Censor use, the new software, nor does it appear that DSI undertook the project pursuant to any specific “work order,” oral or otherwise. Just how the decision to create such programs was made is not clear. What is clear is that Censor himself did not actually write any source code for the Alpha Micro programs. They were created by DSI. And, it is clear that Censor gladly used the Alpha Micro source codes, once they were written, in his training courses.

The Alpha Micro programs were created by Melhado and Paris together in a manner similar to the way the 1981 source code was created. The programmers had access to the 1975 source codes, printout from user interaction with the game, and the game’s rules. Melhado testified that he did not refer to the 1975 source codes in writing his sections of the code. However, he did not know whether Paris, who had written the simulation portions of the 1975 source codes, used the earlier programs in writing the Alpha Micro source codes. (Tr. 15–16; 116–19; 132–33). Like the 1975 source codes, the 1984 Project Management source code was written in FORTRAN. The 1983 Operations Management program was written in Pascal, and was derived from the 1981 Operations Management