News & Analysis as of

Software The Copyright Act

McAfee & Taft

Gavel to Gavel: Limits on copyright infringement not limited

McAfee & Taft on

Earlier this month, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the amount of damages a plaintiff may recover to a three-year...more

JAMS

How Do We Protect Intangible Assets - A neutral’s perspective on how ADR may be impacted

JAMS on

One may be surprised to learn that in 2020, according to a study on intangible assets undertaken by Ocean Tomo (Intangible Asset Market Value Study - Ocean Tomo), 90% of the value of S&P 500–listed companies was accounted for...more

McDermott Will & Emery

US Copyright Office Expands Rights to Repair Software-Enabled Devices

McDermott Will & Emery on

The US Copyright Office issued new regulations expanding and strengthening consumers’ rights to repair software-enabled digital devices (such as video game consoles and medical devices) via exemptions to the Digital...more

BakerHostetler

Does Copyright Literally Protect Source Code Figuratively?

BakerHostetler on

Learn how copyright can protect your software “Beyond Source Code” to cover both screen displays and UX, how the scope of software copyright law might impacted by the pending Supreme Court opinion in Oracle v. Google, and the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2020: Font Software Licensing – "Sans" Disparagement Clause

Multinational investment bank and financial services company Goldman Sachs made headlines last month with the introduction of its proprietary, but free-to-use, “Goldman Sans” typeface. The royalty-free, nonexclusive, and...more

Dorsey & Whitney LLP

Google v. Oracle: SCOTUS Grants Cert In The “Copyright Lawsuit of the Decade” - Now What?

Dorsey & Whitney LLP on

On November 15, 2019, the Supreme Court granted cert in Google LLC v. Oracle America Inc. For many observers, this was a long time coming; the parties have been litigating the underlying case since August 2010, and from its...more

Robins Kaplan LLP

ReDigi Wants a Re-Do at the High Court

Robins Kaplan LLP on

ReDigi, an online platform that allows users to buy and sell pre-owned digital content directly from other consumers, is asking the Supreme Court to overturn a ruling finding that its services were not protected by the...more

Smart & Biggar

Nintendo Awarded $12.7 Million for Circumvention of Technological Protection Measures in Precedent-Setting Case

Smart & Biggar on

In a precedent-setting decision issued yesterday, Nintendo of America Inc v King et al, 2017 FC 246, the Federal Court awarded $12,760,000 in damages for circumvention of technological protection measures (TPMs) and copyright...more

Buchalter

Are You Allowed to Jailbreak Your Car? As of Today, the Answer is Yes.

Buchalter on

Modern automobiles are operated by dozens of computers, known as Electronic Control Units or ECUs, which control almost all of the main functions in a vehicle, including engine control, fuel efficiency, and breaking. The...more

Orrick - Trade Secrets Group

REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim

Over the years, it has proven difficult to fit software in any one category of IP protection. And while software’s ability to seemingly transcend patents, copyright, and trade secrets provides software developers and...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices

In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium Copyright Act ("DMCA") that copyright holders must take before issuing a...more

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