Vernor argued that the key factor is whether the software customer is entitled to retain possession of their copy of a copyrighted work indefinitely.

FORBES: Supreme Court Decides Software Law By Not Deciding

The key issue remaining in the case is whether the actors may be entitled to payments from the sale of "Happy Days" DVDs.

CNN: 'Happy Days' cast members' lawsuit heading for trial

Gay rights advocates hope this will be the session in which the justices decide a key issue involving same-sex marriage: whether homosexual couples who are legally married under state law are entitled to the same benefits under federal law as heterosexual spouses.

FORBES: High Court May Decide Same-Sex Marriage Case This Term