Finally, other than various state law trespass and common law claims, the most common form of protection for software is a simple contract. Unlike free and open source software, most commercial software products are...more
Today our guest is Daryl Lim. Daryl is the H. Laddie Montague Jr. Chair in Law at Penn State Dickinson Law and Co-Hire at the Institute of Computational and Data Sciences at Penn State University. He also serves as Associate...more
7/14/2022
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
One of the other protections available for software that is collateral to copyright is codified in the Digital Millennium Copyright Act (DMCA). The DCMA prohibits third parties from circumventing technological measures the...more
My next talk is my old partner in IP monetization, Bineet Bhasin. I first met Bineet in 2012 while I was at Vringo and he was at iRunway and we had an extremely fruitful and fun collaboration. Today Bineet is Vice...more
My first interview is with an old friend from the Nokia days, Donal O’Connell, founder of Chawton Innovation Services, and author. I have had the privilege to write a few pieces on trade secrets with Donal, but Donal has...more
Due to the size and complexity of computer code, the software is usually created by a team of programmers.
Consequently, to fully own software one must first make sure that each of the developers has relinquished any...more
Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works. A software rights owner does not have to publish, affix...more
8/12/2021
/ Berne Convention ,
Copyright ,
Copyright Infringement ,
Copyright Office ,
Copyright Ownership ,
Intellectual Property Protection ,
IP License ,
License Agreements ,
Software ,
Source Code ,
Trade Secrets
To determine which computer program elements are copyrightable, the federal courts (which have exclusive jurisdiction over US copyright cases) commonly identify and analyze each of the program’s literal and non-literal...more
As patent practitioners know, the law sometimes defines technical topics in ways that do not always accord with how engineers and scientists understand those same topics. With that, since this series addresses legal...more
This post will provide an overview of key IP issues encountered when dealing with employees and independent contractors. We will cover the default ownership rules and rights for different types of IP and some tips on how to...more
7/29/2020
/ Assignment of Inventions ,
Copyright ,
Copyright Ownership ,
Employee Handbooks ,
Employee Inventors ,
Employer Rights ,
Employment Policies ,
Independent Contractors ,
Intellectual Property Protection ,
IP License ,
Ownership of Works ,
Ownership Requirements ,
Patent Infringement ,
Patent Ownership ,
Patents ,
Transfer of Interest ,
Work-For-Hire