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Software Copyright

Copyright Basics

by Workman Nydegger on

Copyright protection is contemplated under the Constitution of the United States and governed by the U.S. Copyright Act. More specifically, Article 1, Section 8, Clause 8 of the United States Constitution includes...more

China: Annual online piracy crackdown campaign 2017: Results announced

by Hogan Lovells on

The results of the 2017 edition of China’s annual online piracy crackdown campaign, called the “Sword Net Action” (????), were recently published. As we announced earlier, the 2017 crackdown campaign promised to take a heavy...more

You can transfer a copyright without saying “copyright”

by Thompson Coburn LLP on

You may think there is one simple hard-and-fast rule of copyright law: you cannot transfer a copyright without a written instrument signed by the copyright owner. It’s right there in section 204 of the Copyright Act...more

Trebled Damages Means No Injunction for Knock-Off Software

by McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more

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

Financial Services Quarterly Report - Third Quarter 2017: Luxembourg Developments

by Dechert LLP on

Luxembourg recently has taken a number of actions in connection with the transposition or implementation of various EU directives and regulations, respectively, into national law. The Luxembourg government deposited a bill of...more

Building a Health App? Part 2: Protecting Your Intellectual Property

This post is the second in a series of weekly blog posts covering legal issues for consideration during the early stages of development of a health app and providing best practices to help guide you through a successful...more

Plaintiff in Gridiron Battle Over Place of Expert Testimony in Software Copyright Claim Requests Supreme Court to Be Referee

by Dorsey & Whitney LLP on

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

May 2017: Trademark & Copyright Litigation Update

Ninth Circuit Weighs in on Copyright Protectability of Downloads and Software Output. Copyright practitioners concerned about software, electronic data, and computer protection have long debated two questions (among many,...more

Downloading Pirated Software Without Installing It May Constitute Infringement

by McDermott Will & Emery on

Addressing the de minimis requirement of copyright infringement and the ownership of a software program’s output, the US Court of Appeals for the Ninth Circuit determined that downloading pirated software was not a de minimis...more

Copyright Date Alone Does Not Prove Public Accessibility of Software User Guide

by McDermott Will & Emery on

Addressing the standard for establishing whether a prior art reference qualifies as a “printed publication,” the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR), finding that the...more

Nintendo Awarded $12.7 Million for Circumvention of Technological Protection Measures in Precedent-Setting Case

by Smart & Biggar on

In a precedent-setting decision issued yesterday, Nintendo of America Inc v King et al, 2017 FC 246, the Federal Court awarded $12,760,000 in damages for circumvention of technological protection measures (TPMs) and copyright...more

Unauthorized Downloading and Copyright Infringement

by Weintraub Tobin on

Liability for copyright infringement can result when one downloads protected software without the copyright owner’s authorization. The Ninth Circuit was recently tasked with exploring the scope and reach of copyright...more

“It’s In The Game” – Proof Issues In Software Copyright Infringement Cases

by Weintraub Tobin on

A recent Ninth Circuit decision in Antonick v. Electronic Arts, Inc. (filed Nov. 22, 2016), shows some of the proof issues that a plaintiff may encounter in prosecuting claims for copyright infringement in connection with...more

Federal Copyright Law Does Not Preempt Trade Secret Claim

by McDermott Will & Emery on

Addressing issues of preemption, the US Court of Appeals for the Fifth Circuit affirmed the district court’s decision that federal copyright law did not preempt the plaintiff’s trade secret claim because trade secret claims...more

Copyright: Europe Explores Its Boundaries - CJEU Draws the Line with the Resale of Back-Up Copies of Computer Programs

by Morrison & Foerster LLP on

Europe’s highest court has ruled that software owners have potentially greater rights to prevent the resale of back-up copies of their works than may exist in relation to the original licensed programs. The Court of...more

Ownership of Copyright in Software

by Field Law on

Can an employee claim to own the employer’s software? An “author” of a work is the first owner of copyright. To determine ownership, it’s necessary to determine which contributions will be considered “authorship” for...more

Piracy Pays (The IP Owner) – Judge Whyte Grants Motion for Default Judgment After Awarding Sanctions in Unauthorized Software...

by Orrick - IP Landscape on

Order Granting Motion for Default Judgment, Adobe Systems Inc. v. Software Tech, et al., Case No. 5:14-cv-02140-RMW (Judge Ronald M. Whyte) - Everyone in the software field (and probably every computer user) is familiar...more

German Case Fails to Address Key Issue Regarding Software ‘Copyleft’

by McGuireWoods LLP on

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

Social Links: Facebook’s anti-ad-blocking software; LinkedIn’s “scraper” lawsuit; FTC’s upcoming crackdown on social influencers

Facebook introduced technology that disables ad blockers used by people who visit the platform via desktop computers, but Adblock Plus has already foiled the platform’s efforts, at least for now....more

U.S. Trade Representative Issues 2016 Special 301 Report

On April 27th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR), issued the 2016 Special 301 Report. According to the USTR website, "[i]ntellectual property is a critical source of economic growth and...more

The Internet of Things: Evaluating the Interplay of Interoperability, Industry Standards, and Related IP Licensing Approaches...

by Morrison & Foerster LLP on

We recently published a client alert on January 26, 2016 that addressed some of the more significant Internet of Things (“IoT”) -specific standards and initiatives and emphasized the importance of interoperability as central...more

[Webinar] Keeping What is Yours Yours: Best Practices for Software Companies to Protect Their “Secret Sauce” - Feb. 9th, 1:00pm,...

by Robins Kaplan LLP on

In today’s fast paced, if not neck-breaking, speed at which advancements in software development and platforms occur, one issue facing software companies is how to keep their competitors from obtaining the "secret sauce." ...more

DMCA Loosening the Reins for Education

by Womble Bond Dickinson on

You may know the Digital Millennium Copyright Act (“DMCA”) from the widely deployed DMCA take-down notices that copyright owners use to remove putatively infringing content from the Internet. Enacted in 1998, the DMCA is...more

2015 DMCA Exemptions In Detail: When Is It OK to Technologically Circumvent Copyright Protections?

by JD Supra Perspectives on

On October 28, 2015, the LOC reported a new set of regulations regarding exemptions to the DMCA provision that prohibits circumvention of technological measures that control access to copyrighted works. Here's a summary of...more

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