News & Analysis as of

Software Copyright Litigation

Benesch

AI Reporter - August 2024

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Google and Microsoft are spearheading the Coalition for Secure AI, focusing on supply chain security and mitigation strategies. Whether this attempt at self-regulation will ultimately succeed is unknown, as it overlaps with...more

Robins Kaplan LLP

Navigating the Legal Landscape: Generative AI and Copyright Law

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Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued...more

McAfee & Taft

Gavel to Gavel: Limits on copyright infringement not limited

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Earlier this month, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the amount of damages a plaintiff may recover to a three-year...more

McDermott Will & Emery

Late Expert Report Dooms Copyright Case

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The US Court of Appeals for the Sixth Circuit weighed in for a third time on an eight-year copyright battle, this time finding that a district court did not abuse its discretion in excluding the plaintiff’s proposed expert or...more

McDermott Will & Emery

Rimini, Meeny, Miny, Moe: Ninth Circuit Affirms Most PI Violation Findings, Reverses Others

Addressing the boundaries of a permanent injunction awarded to a major software developer, the US Court of Appeals for the Ninth Circuit largely agreed that the defending developer was in contempt for violating the order but...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

BakerHostetler

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

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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

Vondran Legal

Siemens brings mass software piracy lawsuit in Texas federal court.

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Who? Siemens Industry Software, Inc. is the Plaintiff. They have sued 268 “DOE” defendants. The Plaintiff’s counsel is Reed Smith, LLP from Houston, Texas. Comcast and Charter are the Internet Service Providers involved...more

McDermott Will & Emery

US Copyright Office Expands Rights to Repair Software-Enabled Devices

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The US Copyright Office issued new regulations expanding and strengthening consumers’ rights to repair software-enabled digital devices (such as video game consoles and medical devices) via exemptions to the Digital...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

Pillsbury - Internet & Social Media Law Blog

A Short History of the Fair Use Defense in the Software Industry

Last month, the Supreme Court released its much-anticipated decision in Google v. Oracle. The Court ruled that Google’s copying of 11,500 lines of declaring code from Java SE, for use in Google’s Android platform, was fair...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: Should SCOTUS Declare Code is an Expression or an Idea?

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In our prior post, we introduced the controversy at the center of “the copyright lawsuit of the decade” between Google and Oracle.  Since then, both parties and 61 amici have submitted their briefs to the Supreme Court.  This...more

BakerHostetler

Breaking Down the Briefing in Google v. Oracle: Petitioner’s Brief

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A decade-long dispute between Google and Oracle regarding Google’s alleged infringement of Oracle’s copyright in its application programming interface (API) will culminate in a Supreme Court decision that will have lasting...more

Cadwalader, Wickersham & Taft LLP

Google v. Oracle: Will Software Be Free?

Referred to as “the copyright case of the century,” the Supreme Court could determine the fate of software protection in Google v. Oracle, namely that of Java.  At its core, the case asks whether software programmers may copy...more

Robins Kaplan LLP

ReDigi Wants a Re-Do at the High Court

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ReDigi, an online platform that allows users to buy and sell pre-owned digital content directly from other consumers, is asking the Supreme Court to overturn a ruling finding that its services were not protected by the...more

Pillsbury - Internet & Social Media Law Blog

Can a Software Developer Copyright the Output of Its Software?

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

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices

In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium Copyright Act ("DMCA") that copyright holders must take before issuing a...more

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