Software Licensing Restrictions No Shield Against Production
Pero v. Norfolk S. Ry., Co., No. 3:14-CV-16-PLR-CCS, 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014)
In this case, the court declined to require the plaintiff to view the at-issue video at Defendant’s counsel’s office or to obtain a license for the proprietary viewing software and ordered the defendant to either produce a laptop with the video loaded on it for Plaintiff’s use in the litigation or to reimburse the plaintiff for the cost of a software license.
Plaintiff, a train conductor who was allegedly injured while attempting to remove a tree that was blocking the railroad tracks, sought to compel Defendant’s production of relevant video. Defendant stated that it “merely own[ed] a license to use the software” necessary to view the video and that providing a copy to Plaintiff would exceed the license’s scope. Instead, Defendant offered to allow Plaintiff’s counsel to view the video at Defendant’s counsel’s office or suggested that Plaintiff pay $500 to obtain his own software license. Plaintiff moved to compel the production of a copy of the video; Defendant moved for a protective order.