The Federal Trade Commission and the DOJ support a Digital Millennium Copyright Act exemption for vehicle operational data to promote the “right to repair.” An exemption currently exists for computer programs that control...more
[Foreword by Geoffrey Vance: Although this article is technically co-authored by Jan and me, the vast majority of the technical discussion is Jan’s work. And that’s the point. Lawyers aren’t supposed to be the Captains of the...more
Information Technology Services and the Texas Sales and Use Tax - Under certain circumstances, information technology and associated services may be subject to Texas sales and use tax. The specifics depend on how the Texas...more
Applying North Carolina law, a federal district court has held that an E&O insurance policy does not provide coverage for loss arising from social engineering fraud despite the fact that the insured’s negligence also...more
The sale of a computer program—it seems simple. But, as illustrated by the Treasury Regulations’ computer program characterization rules, the issue of just what a sale of computer program is can become confusing fast....more
1. What is the Law Commission's paper on smart legal contracts? On 25 November 2021, the Law Commission published its advice to the UK government on smart legal contracts (the "Paper")... Among other things, the Paper...more
The Situation - Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology...more
Rechtsanwalt Dr. Jonas Kahl und der Jurist Hans-Christian Gräfe haben im Rahmen der Digitalen Herbstakademie 2020 der DSRI (Deutsche Stiftung für Recht und Informatik) zum Thema „Textgenerator - Medien- und urheberrechtliche...more
A patent application must describe an invention with adequate detail so that a person skilled in the art can recognize the boundaries of the invention (called the “written description” requirement) and can be enabled to...more
In August, the U.S. Patent and Trademark Office announced that it planned on raising various fees. One of those involved an additional $400 fee for non-provisional utility application filings with a PDF specification. This...more
In the information age, computer programs are increasingly relied upon to streamline and facilitate important decisions. A number of states require online applications for Medicaid. In New Jersey and other states, Medicaid...more
A few weeks from now will be the 45thanniversary of the landmark patent decision, Honeywell, Inc. v. Sperry Rand Corp., et al., 180 U.S.P.Q. 673 (D. Minn. 1973). In that decision, issued on October 19, 1973, Judge Larson of...more
We’ve all reached a point in our lives, be it in the workplace or in a relationship, where we know something needs to change. The love’s no longer there, a partner – or software – no longer meets your needs or your current...more
Recent press reports talk about a newly discovered form of security threat that involves attackers exploiting common features of modern microprocessors (aka chips) that power our computers, tablets, smartphones, and other...more
Sergey Aleynikov, a former computer programmer at Goldman, Sachs & Co., has been on a legal roller coaster for the past few years. In the span of few days, that roller coaster plummeted steeply—twice. First, on January...more
The Digital Millennium Copyright Act (DMCA) generally prohibits the circumvention of technological measures employed by or on behalf of copyright owners to protect their works (also known as “access controls”). But every...more