News & Analysis as of

IP License Software Developers

Robins Kaplan LLP

In No Uncertain Terms - Strategies For Assessing And Mitigating Risk In Technology And Software License Disputes

Robins Kaplan LLP on

Software providers, asset managers, and licensees can consider various strategies to help assess risk and effectively negotiate software license compliance disputes. Software is the heartbeat of every industry. Rapid changes...more

Epiq

Software Escrow: An enterprise resiliency tool every legal department should have in their toolbox (with Don Dennis Jr.)

Epiq on

Jerich Beason is joined by Don Dennis, who is an attorney focusing on copyright and trademark infringement, Internet law, defamation, trade secret misappropriation, data security breach, and privacy law. Jerich and Don...more

Morgan Lewis

Insight: Best Practices for Leveraging Open-Source Software and Mitigating Its Risks

Morgan Lewis on

Across industries, open-source software provides the foundation for a significant number of applications, with open-source components per commercial application growing more than six-fold in the last five years. ...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

Proskauer - New Media & Technology

Landmark Fair Use Victory at the Supreme Court in Software Case

In a narrowly drawn, yet significant decision, the Supreme Court reversed the Federal Circuit and ruled that Google LLC’s (“Google”) copying of some of the Sun Java Application Programming Interface (API) declaring code was a...more

Knobbe Martens

Copying From a Copyrighted Computer Program May Be Fair Use to the Extent Needed to Promote Adoption of the Use of Accrued Talents...

Knobbe Martens on

GOOGLE LLC V. ORACLE AMERICA, INC. Before the United States Supreme Court (Opinion by Justice Breyer) on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit. Summary: Where use of...more

Womble Bond Dickinson

A Strike Against the Sandbox: Practical Results of Oracle v. Google

Womble Bond Dickinson on

If you want to make big money, offer something that people want, but no one else can offer. The Portuguese sourced spices in the Fifteenth Century. Rockefeller locked up East Coast oil distribution in the Nineteenth Century....more

Knobbe Martens

Promises Made, Promises Not Kept: Even an Implied License Requires Compliance With Its Terms

Knobbe Martens on

BITMANAGEMENT SOFTWARE GMBH v. UNITED STATES - Before NEWMAN, DYK, and O’MALLEY, Circuit Judges. Appeal from the United States Court of Federal Claims. Summary: The U.S. Navy infringed Bitmanagement’s software...more

BakerHostetler

[Podcast] Open Source is Everywhere: A Primer for Compliance

BakerHostetler on

Despite the fact that open source or so-called “free” software has been available for more than 30 years, and is likely used in the vast majority of software programs being developed today, many people remain confused as to...more

Sheppard Mullin Richter & Hampton LLP

Controversial New Open Source License for Decentralized Apps – Protects Users’ Data and Cryptographic Keys

A controversial new open source license designed for use with decentralized applications was recently approved by the Open Source Initiative (OSI). The Cryptographic Autonomy License (CAL) claims to be the first open source...more

Sunstein LLP

U.S. Navy is no [Software] Pirate Despite Making 430,000 Extra Copies

Sunstein LLP on

On September 20, the U.S. Court of Federal Claims dismissed a $600 million copyright infringement claim against the U.S. Navy. Bitmanagement Software GMBH v. United States involved virtual reality software that the Navy...more

Bass, Berry & Sims PLC

Software Developer Acquiescence Dooms Bid for Copyright Infringement against Navy

Bass, Berry & Sims PLC on

A recent decision by the U.S. Court of Federal Claims in Bitmanagement Software GMBH vs. The United States determined the United States was not liable for copyright infringement because, based on the interactions between the...more

Sheppard Mullin Richter & Hampton LLP

10 Things to Know About The Intersection of Blockchain Technology, Open Source Software, and Patents

On their own, blockchain technology, open source software, and patents each present legal issues that are often complex and frequently misunderstood. When combined, the complexity and misunderstandings of these three topics...more

Snell & Wilmer

Copying or Reverse Engineering Functional Technology

Snell & Wilmer on

Before copying or reverse engineering a functional product or process analyze each of the issues below. It is best to consult an experienced patent attorney during this analysis. I. Is there a Contract Preventing the Use...more

Farrell Fritz, P.C.

Dissension Follows When Business Owners Don’t Put Their IP House in Order

Farrell Fritz, P.C. on

When you think about protecting a business firm’s intellectual property (IP), usually you think about protecting it from infringement by external actors. But there also are internal threats — even mortal ones — to the...more

Wilson Sonsini Goodrich & Rosati

Digital Health Report - Q2 2018

Evaluating Prospective Partners When Scaling Your Digital Health Company (Part 1) - Picture this: You have built a digital health company that could revolutionize healthcare delivery; upend diagnostic processes; accelerate...more

Snell & Wilmer

Billions Once Again on the Line After Federal Circuit’s Reversal in Oracle v. Google

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The Federal Circuit has reversed, for the second time, the much-followed copyright infringement case, Oracle America, Inc. v. Google LLC, which has been ongoing since 2010. Oracle filed suit alleging Google copied and used 37...more

Proskauer - New Media & Technology

Federal Circuit Again Reverses California Court in Oracle-Google Copyright Dispute over Java APIs – Releases a Major Ruling on...

In this long-running dispute that has been previously dubbed “The World Series of IP cases” by the presiding judge, Oracle America Inc. (“Oracle”) accuses Google Inc. (“Google”) of unauthorized use of some of its Java-related...more

Proskauer - Minding Your Business

Copyright in the Digital Age: Cisco v. Arista and the Scènes à Faire Doctrine

Imagine producing a classic Western without cowboys, saloons, or standoffs. This seems almost inconceivable because these elements are deeply integral to the genre – so much so, in fact, that they are essentially necessary...more

Wilson Sonsini Goodrich & Rosati

Court Ruling Supports Contractual and Statutory Enforcement of Open Source Software Licenses

Despite the prevalence of open source software and its ubiquitous use in the software industry, there has been little litigation in the United States analyzing and interpreting the terms of open source licenses. On April 25,...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Sheppard Mullin Richter & Hampton LLP

Bargaining with Apple: Understanding the iOS Developer Program License Agreement

This article, which focuses on the iOS Developer Program License Agreement, is the second of two articles geared at helping app developers understand the fine print of the agreements they are asked to enter into with the...more

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