News & Analysis as of

Copyright Software Developers

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Sheppard Mullin Richter & Hampton LLP

Court Rules in Landmark AI Code Generator Case – DMCA Claims Dismissed but Breach of Contract Claims Remain

The battle between open source software developers and the leading AI code generators will rage on. Despite the Court dismissing Plaintiffs’ Digital Millennium Copyright Act (DMCA) Section 1202(b) claims with prejudice, it...more

WilmerHale

Copyright Development: Challenge to Medical Device “Right to Repair” Permitted Under APA

WilmerHale on

On June 7, 2024, the Court of Appeals for the DC Circuit in Medical Imaging & Technology Alliance et al. v. Library of Congress et al., No. 23-5067 (D.C. Cir.), vacated an earlier district court decision and held that rules...more

Mayer Brown

Brazil Passes ‘Legal Framework for Games’ Legislation

Mayer Brown on

In early May, Brazil’s Law No. 14,852/2024 (the “Legal Framework for Games” or the “Framework”) was published. Originating as Bill No. 2796/2021, the legislation provides the necessary legal framework for the burgeoning...more

Holland & Knight LLP

FTC Hosts Artificial Intelligence Technology Summit

Holland & Knight LLP on

The Federal Trade Commission (FTC) held a virtual FTC Tech Summit focused on artificial intelligence (AI) and AI's impact on competition and consumers on Jan. 25, 2024. The half-day event featured a diverse set of speakers...more

Linda Liu & Partners

Judicial Rules for Determining "Infectiousness" of GPL through Case Studies

Linda Liu & Partners on

GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This...more

The Rodman Law Group, LLC

Risks that AI Developers Must Consider When Developing AI

Artificial Intelligence (AI) is not just a technological innovation; it’s a transformative force that has permeated multiple sectors, from healthcare to finance. As AI startups and companies creating AI tools (“AI...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property Assignments from Software Developers: Key Provisions in France, Germany, the United Kingdom, and United...

With the rise in multinational technology companies, including startups, it is increasingly common for those companies to use software developers located in countries around the world. Securing an assignment of all...more

Fenwick & West LLP

Creativity and Technology: The FTC’s Warning Shot When Creating and Marketing Digital Products Using Artificial Intelligence

Fenwick & West LLP on

The Federal Trade Commission (FTC) continues to issue guidance on the use of generative artificial intelligence (AI) and the potential regulatory scrutiny facing companies and creators using these new tools in the market....more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

JAMS on

At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ruling on Motion To Dismiss Sheds Light on Intellectual Property Issues in Artificial Intelligence

Many of the key intellectual property issues presented by artificial intelligence (AI), ranging from the use of copyrighted material as training data in AI-models to whether AI-generated works can be protected under copyright...more

Sherman & Howard L.L.C.

Federal Circuit Affirms Copyright Holder's Burden May Require More Than Just Proof of Valid Registration

Software developers have long been able to secure copyright registrations to help protect and enhance the value of their work product. However, when the copyright holder claims someone else is copying their work, there is...more

Dorsey & Whitney LLP

Do Copyright Owners Have to Show What Elements of Their Software are Protected by Their Registrations? A Split Federal Circuit...

Dorsey & Whitney LLP on

In a recent decision, the Federal Circuit approved the use of “Copyrightability Hearings.” Not sure what that means? Read on to find out....more

BakerHostetler

No, the Federal Circuit Did Not Just Kill Off Software Copyrights - Knock It Off

BakerHostetler on

Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance...more

Sheppard Mullin Richter & Hampton LLP

How Generative AI Generates Legal Issues in the Games Industry

Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create...more

Ankura

Challenges of AI-Assisted Coding

Ankura on

Open-source software is different from traditional, licensed software, and some developers might want to be careful about how they use open-source platforms. AI has complicated matters further, and developers need to be aware...more

Venable LLP

Generative AI - Copyright Overview Part 1

Venable LLP on

Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

Vondran Legal

Autodesk Software Audits – What you need to know!!

Vondran Legal on

This blog will tell you about some of the basics companies should know when faced with a licensing compliance audit. 1. Here is their audit clause 21.5 Compliance - Autodesk has the right to verify the installation of,...more

Kidon IP

Legal Protection for the Software Arts — Part 6

Kidon IP on

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

Kidon IP

Legal Protection for the Software Arts — Part 4

Kidon IP on

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

Knobbe Martens

Federal Circuit Review - April 2021

Knobbe Martens on

Copying From a Copyrighted Computer Program May Be Fair Use to the Extent Needed to Promote Adoption of the Use of Accrued Talents in Creating a New Software Platform - In Google LLC v. Oracle America, Inc., Appeal No....more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2021

Fenwick & West LLP on

In This Issue - Section 230 and the Future of Content Moderation - We analyze Section 230 of the Communications Decency Act—the 1996 law that provides a legal shield for internet providers from content created by their...more

Brownstein Hyatt Farber Schreck

Supreme Court: Copying APIs in Software Can Be Fair Use

Intellectual property protection for software has long been a concern, both for innovators seeking to protect their work as well as innovators seeking to make use of existing works for further development. The shifting...more

Sunstein LLP

Google v. Oracle: Supreme Court Holds Copying of Key Part of Java Software, its API, is Fair Use

Sunstein LLP on

Ending a struggle between two tech titans stretching over more than a decade, the Supreme Court held in a 6-2 opinion that Google’s copying of key portions of the Application Programming Interface (API) of Oracle’s Java SE...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Key Takeaways from Google’s Supreme Court Copyright Win Over Oracle

The Supreme Court’s recent landmark ruling in Google v. Oracle ended a decade-long legal battle between the tech giants, finding that Google’s copying of over 11,000 lines of Oracle’s Sun Java application programming...more

Spilman Thomas & Battle, PLLC

Supreme Court Rules in Google’s Favor in Copyright Dispute with Oracle Over Android Software

After the Supreme Court's April 6 decision in Google LLC v. Oracle America, Inc., 141 S.Ct. 1183 (2021), the computer software and programming industry can breathe a tentative sigh of relief and perhaps sleep more soundly....more

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