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Software Developers Copyright Intellectual Property Protection

Fox Rothschild LLP

AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights

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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

Jones Day

CJEU Clarifies Copyright Protection for Software Variables

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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

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

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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

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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 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

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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

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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

Dorsey & Whitney LLP

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

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

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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

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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

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

Mintz - Intellectual Property Viewpoints

United States Supreme Court Rules for Google in a Landmark Fair Use Decision

On April 5, 2021, the United States Supreme Court handed down a decision that could have profound implications in the software industry. It held 6-2 that Google’s copying of 11,500 lines of code from Oracle’s Java SE API in...more

Womble Bond Dickinson

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

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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

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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

BakerHostetler

Does Copyright Literally Protect Source Code Figuratively?

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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

Dorsey & Whitney LLP

Google v. Oracle: Fair Use and the Seventh Amendment

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On August 7, 2020, Google and Oracle submitted their final written arguments to the Supreme Court regarding their decade-long copyright battle over the source code animating the Android platform. Now, we focus on the second...more

Snell & Wilmer

Google v. Oracle Heads to the Supreme Court

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The Supreme Court’s cert grant on the Federal Circuit’s most recent decision in the long-running and highly publicized battle between Oracle and Google appears to confront policy questions as much as legal ones — such as...more

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