Software Developers

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Status Updates - September 2014 #6

..Is Tumblr trendier? A survey released by Tumblr says the users of that social media platform have higher average incomes than users of Facebook, Twitter, or Pinterest, and a report from Adobe says that this translates into...more

The Vermont Department of Taxes Begins to Take a Close Look at Cloud Computing

On June 30, 2013, the Vermont sales tax moratorium on remote access to software expired. At that time, the Vermont Department of Taxes (Department) reverted to its prior position that interpreted, without any analysis, the...more

New – Agile Software Development Contract Template

The DLA Piper IPT team in Edinburgh has developed an innovative new contract template which they are piloting with selected clients. The template is an agile software development contract. Agile methodologies (such as...more

Trade Secrets: Made for TV--Former director owes royalty for stealing source code

Acrimony, anger, revenge, piracy, and a legal battle—these are often the ingredients of a prime-time television drama. But in this case, they are not the makings of a plot found on cable, Netflix, or DVD. Instead, they are...more

Software Audits: Strategies for Licensees

Audits Have Become More Common - If you have received a software audit request from your software vendor or one of the industry trade groups representing software publishers, such as the Software & Information Industry...more

April 2014: ITC Litigation Update

Inducement in the ITC Following Suprema? A split Federal Circuit panel held in Suprema, Inc. v. ITC (Dec. 13, 2013) that an exclusion order issued by the International Trade Commission (“ITC”) under Section 337 “may not be...more

Patent Infringement Lawsuits Against Software End-Users

Are you a Canadian software vendor with customers in the USA? Let’s say your US end-user customer is sued for patent infringement in the US based on use of your software, but the lawsuit avoids naming your company. In other...more

Copyright Co-Authorship: Be Prepared to Weather the Storms

The recent Third Circuit decision in Brownstein v. Lindsay, --- F.3d ----, 2014 WL 306240 (3rd Cir. Jan. 29, 2014) clarified important issues related to the statute of limitations for co-ownership claims, as well as to a...more

Jury’s Verdict in Madden Football Copyright Case Overturned

We previously reported on Robin Antonick’s copyright claim against Electronic Arts, Inc. (“EA”) over the software for the Apple II John Madden Football game. Antonick didn’t have a copy of his original source code at the time...more

Obamacare HealthCare.gov Issues Serve as a Reminder to Embrace Best Practices in Software Development and Integration Projects

October 1st marked the beginning of open enrollment for the federal and state health care exchanges ("Exchanges") created to comply with the Affordable Care Act ("ACA") of 2010, commonly referred to as Obamacare. The creation...more

Software Development and the Use of Abstractions

The process of developing software typically involves the use of abstractions of concrete concepts to describe the operations performed by a computer and objects of such operations. Some software abstractions are so familiar...more

Massachusetts Lawmakers Plan to Repeal the New “Tech Tax” on Computer System Design and Software Modification Services

On September 12, 2013, Massachusetts legislators announced their intention to repeal (with retroactive effect) the recent expansion of the 6.25 percent Massachusetts sales and use tax to certain types of previously untaxed...more

IP Ownership in Joint Development by Richard Hsu [Video]

Richard C. Hsu, a technology transactions and intellectual property partner in the Mergers & Acquisitions Group with Shearman & Sterling, talks about IP ownership in a typical joint development agreement. ...more

2 Recent Business Software Alliance $100K Settlements Are Tip of the Iceberg

In this press release, Scott & Scott, LLP, a law firm with a software audit defense practice, says companies should not be lulled into complacency because the BSA | The Software Alliance has reported few settlements in the...more

Are Your IT Costs Increasing Next Month? New Massachusetts Sales and Use Tax on Computer and Software Services becomes Effective...

On July 24th, 2013 the Massachusetts legislature passed An Act Relative to Transportation Finance ("the Act"), which, among other things, makes "computer system design services and the modification, integration, enhancement,...more

Fenwick Employment Brief - May 2013: Software Programmer Criminally Charged For Hacking Former Employer's Network

The federal Department of Justice recently filed criminal charges against a 41-year old software programmer and system manager who hacked into his former employer's computer network, causing $90,000 in damage. The complaint...more

Software Developer Accused Of Aiding And Abetting Illegal Gambling

On January 8, 2013, the Supreme Court of the State of New York conducted a hearing in a criminal case that may cause concern among software developers whose software could be used for illegal activities. ...more

Are Your Click-wrap Agreements Letting You Sleep Too Well?

You are an innovator. You work hard. You are the first to get to the functioning platform of a genius new product. But to make money on it, you have to share it, sell it and let people sample it. Of course, you worry that...more

Computer Software Workers to Earn More in 2013

California’s Department of Industrial Relations has announced increases to the minimum pay required for computer software employees to maintain their status as exempt from overtime (assuming other exemption requirements are...more

And the Rich Get Richer

Catchy title, right? In this case, however, it isn’t necessarily true since we are talking about computer software employees and physician employees and not Bill Gates. Nevertheless, California’s Department of Industrial...more

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