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IP|Trend: New Era in Protection of Software by Intellectual Property Law?
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
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
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
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
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
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
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
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
What is open-source software? To ask the question is almost to answer it. Open source software (OSS) simply describes software code that is distributed on an “open-source” basis – which means, in a way that allows others to...more
The decade-old battle between two technology powerhouses—Google and Oracle—potentially reshaping the future of software will now continue into the Supreme Court’s next term. Referred to in the media as the copyright lawsuit...more
The chances are high that your company uses open source software (“OSS”) in some capacity. While the benefits of OSS are clear, it is also clear that OSS can pose significant legal risks that must be addressed. The best way...more
Many companies are now aware that if they incorporate open-source software into their products, there are specific terms and conditions that go along with the grant of the use of the particular OSS that are spelled out in...more
As technology becomes increasingly advanced and complex, it seems that a new software emerges every day to perform some novel function. Whether it is computer generated imagery (CGI) or deciphering a code in a bible, software...more
The software engineer who first coded the popular “John Madden Football” (now Madden NFL) computer video game has asked the U.S. Supreme Court to allow expert witness testimony to support his software copyright claim, over 25...more
Caution remains the watchword for incorporation of “copyleft” software into proprietary software projects, as a German court has declined to provide insight into the reach of the influential free software license, the General...more