By Robert Milligan, Joshua Salinas, and Jeffrey Oh

Balancing the rights of businesses to protect their economic interests with the rights of individuals to freely express themselves can be a complicated act requiring nuanced application of the law; even more so when the business is of a religious nature. In a fascinating case out of

Burroughs Payment Services manufactures document scanning equipment for banks and others. Embedded in the equipment are copyrighted computer programs, accessible only by entering a password, which provide the user with software to diagnose problems with the equipment. While servicing the equipment of a Burroughs customer, Symco Group allegedly accessed and used Burroughs’ software without that company’s authorization.