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IP|Trend: New Era in Protection of Software by Intellectual Property Law?
In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a...more
In a closely watched appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit recently vacated a permanent injunction from the District of Nevada against software provider Rimini. Oracle Int’l Corp. v. Rimini St.,...more
The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more
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
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
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
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
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
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
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
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
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
In a recent decision, the Federal Circuit approved the use of “Copyrightability Hearings.” Not sure what that means? Read on to find out....more
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
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
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
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
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
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
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
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
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
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
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
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