News & Analysis as of

Software

Unchecked indirect software access can be costly – what to look for in software license agreements

by Hellmuth & Johnson PLLC on

Simple and straight-forward are two words rarely associated with software license agreements. For example, a ruling out of the UK demonstrates the importance and real-life costs that can result when the full meaning of an...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

With complaint piling up, Fannie Mae has decided to stop selling REO properties to Vision Property, the rent-to-own home business that’s been the subject of predatory-lending investigations of late....more

Intellectual Property Cases Dominate 2016 Verdict Awards

According to the annual Top 100 Verdicts report by ALM’s VerdictSearch, five jury verdicts for Intellectual Property cases cracked the top 10 with a sixth breaking into the top 25 verdicts of 2016. While the amounts do not...more

New Ruling Makes a Splash -- Fees to Use a Bathroom are not Subject to Sales Tax

by Hodgson Russ LLP on

A new advisory opinion issued by the New York State Department of Taxation and Finance should make all New York taxpayers flushed with pride – access to toilets is not subject to tax. The case involved a new software...more

German tax treatment of royalties regarding software license and database licenses – Draft guidance of German Federal Ministry of...

by Hogan Lovells on

Yesterday the German Federal Ministry of Finance (Bundesfinanzministerium) released a draft circular on the German tax treatment of royalties paid for software and database licenses granted by non-resident licensors....more

The SAP v. Diageo decision – a realistic approach to indirect access?

by Dentons on

Following the high court decision in the case of SAP UK Limited (SAP) v. Diageo Great Britain Ltd (Diageo), routine software arrangements many organisations have in place could become subject to significant additional costs....more

United States Department Of Justice Seeks To Dismantle Massive Kelihos Botnet, Files Complaint In Federal District Court

by King & Spalding on

The United States Department of Justice (“DOJ”) recently announced that it would be undertaking an “extensive effort to disrupt and dismantle the Kelihos botnet – a global network of tens of thousands of infected computers...more

From Greyball to Snowball: Uber’s Latest Travails, and How Multiple Investigations of Misconduct May Imperil the Attorney-Client...

It emerged on May 5 that the Department of Justice opened an investigation into Uber’s use of software called “Greyball” that concealed the ride-sharing company’s operations from regulators in cities and countries that did...more

Illinois Department of Revenue Reaffirms Cloud-Based Services Not Taxable

by McDermott Will & Emery on

In two recent General Information Letters (GILs), the Illinois Department of Revenue (Department) reaffirmed that computer software provided through a cloud-based delivery system is not subject to tax in Illinois. The...more

The Tanium Affair Reminds Us That Cybersecurity Risks Are Everywhere

The Wall Street Journal recently reported that well-known cybersecurity startup Tanium, Inc. had been inadvertently exposing one of its clients’ sensitive data during product demonstrations....more

Between the Clouds: Best Practices for Selecting Hosted Solutions in the Transportation and Logistics Industry

by Benesch on

Transportation and logistics providers are increasingly adopting cloud technology to bring connectivity and scale to their core operating systems. This trend will continue for the foreseeable future....more

New Intellectual Property Considerations and Risks for Autonomous Vehicles

by Jones Day on

In recent years, carmakers and suppliers have significantly increased the number of patent applications they file in the United States and abroad, but patent protection may not always be the right tool. Trade secret...more

Facebook’s New Software Suggests Passwords May One Day be Obsolete

Facebook says that someday ‘the password’ will be a distant memory. But for now, passwords are certainly necessary. However, Facebook has released a beta version of its Delegated Account Recovery software –a new way for...more

Additional Documentation Requirements Take Effect for Exports and Reexports of U.S. Items to and from Hong Kong

Effective today, the U.S. Department of Commerce Bureau of Industry and Security (BIS) has implemented support documentation requirements for a significant number of commodities, technologies, and software (collectively...more

Sustainable Development Update - April 2017 #3

by Allen Matkins on

Sustainable Development Focus - Ice Energy, NRG installing new energy storage solutions for SoCal Edison - Utility Dive - Apr 13 - Ice Energy and NRG Energy are partnering to roll out up to 1,800 Ice Bear 30 storage...more

Employment Law Navigator – Week in Review: April 2017 #2

by Zelle LLP on

Last Tuesday was Equal Pay Day, which highlights the gender pay gap. It marks how far into the new year women must work to earn what men made in the previous year. In other developments focused on pay practices, the U.S....more

Pennsylvania Issues Revised Ruling on Sales Tax Treatment of Software-Related Services, Creating a Refund Oppsortunity for Some...

by Reed Smith on

Last week, the Pennsylvania Department of Revenue issued a revised version of a previously issued letter ruling (Letter Ruling SUT-17-001) on the sales tax treatment of software support services. Although the revised ruling...more

Sense-and-Avoid Software Tests Successfully in Recent Drone Flights

The Federal Aviation Administration (FAA), Northrop Grumman, and Aviation & Communication & Surveillance Systems (ACSS) recently announced a series of successful drone flights testing sense-and-avoid systems. One of the key...more

Is Computer Security Broken?

The Economist certainly thinks computer security is broken (and it’s hard to argue the contrary). In its April 8 edition, The Economist’s cover story proclaims, “Why computers will never be safe.” While that’s good news for...more

EU Retail News - March 2017

by Bryan Cave on

From April 2017, the following legal changes are coming into effect. Make sure your business is prepared! Part of this publication originally published by Drapers - March, 2017...more

Downloading Pirated Software Without Installing It May Constitute Infringement

by McDermott Will & Emery on

Addressing the de minimis requirement of copyright infringement and the ownership of a software program’s output, the US Court of Appeals for the Ninth Circuit determined that downloading pirated software was not a de minimis...more

The Advisor: Best Practices for Display of a Trademark on Software

by Field Law on

Xylem Water Solutions Manufacturing Alberta (“Xylem”) was the owner of the registered Canadian trademark AQUAVIEW in association with software for water treatment plants and pump stations. ...more

TechConnect - Your Law Firm Link to Industry News - March 2017

by Mintz Levin on

Happy spring! This issue includes two articles that challenge conventional thinking. The first, called “Software is Still Patent Eligible,” makes the case that software patents can still be obtained. IP generally accretes in...more

Privacy TIp #79 – Consumer Reports Will Help Us With Privacy + Security of Products

What a great idea! Trusty Consumer Reports has announced that it is collaborating with three cybersecurity firms to “create a new standard that safeguards consumers’ security and privacy—and we hope industry will use...more

Contract Corner: SaaS Escrow Considerations (Part 2)

by Morgan Lewis on

Picking up where we left off last week, below are some additional distinctions for escrow arrangements in the software as a service (SaaS) context and related customer and vendor considerations....more

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