News & Analysis as of

Source Code Intellectual Property Protection

Morrison & Foerster LLP - Government...

SHARE IT Act Requires Agencies to Share Custom-Developed Source Code Throughout the Government

On December 23, 2024, President Biden signed the Source Code Harmonization and Reuse in Information Technology Act (“SHARE IT Act” or “the Act”), which provides a formal mechanism for federal agencies to store and share...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

J.S. Held

Software and Firmware Reverse Engineering & Testing

J.S. Held on

Understanding how hardware and firmware/software work together to perform desired functions or tasks is an important enabler to unlocking the value of intellectual properties in the systems (including embedded systems) area....more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

Bradley Arant Boult Cummings LLP

AI in the Modern Workplace: Ownership Challenges of AI-Generated Code

Proprietary source code can be one of the most valuable assets a company has, and with the introduction of generative artificial intelligence (GenAI), the creation and evolution of source code has increased at an exponential...more

Orrick, Herrington & Sutcliffe LLP

Open Source Software Licenses: Novel Case Explores Who Can Enforce Them

Companies (including through the use of AI) are increasingly reliant on open source software to expedite their software development. A recent case filed in California, SFC v. Vizio, calls upon the state court to interpret two...more

Sheppard Mullin Richter & Hampton LLP

Solving Open Source Problems With AI Code Generators - Legal issues and Solutions - PART 1 - LEGAL ISSUES

AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise...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

Orrick, Herrington & Sutcliffe LLP

Open Data Licenses – Managing Risks to Maximize the Opportunities

While not new, the use of “open data” is on the rise as teams everywhere look for existing low-cost datasets to facilitate their projects without the need to personally incur the time, expense and internal approval process of...more

Wilson Sonsini Goodrich & Rosati

U.S. Court of Appeals for the Ninth Circuit Clarifies DMCA Injunction Burden

As a previous Wilson Sonsini Alert reported, Snail Games USA Inc. and Wildcard Properties LLC (collectively, “Snail”) sent a Digital Millennium Copyright Act (DMCA) takedown notice to Valve Corporation (Valve) in order to...more

Goodwin

Open Licenses: An Overview of Open Licenses for Images, Photos, Videos, and Software

Goodwin on

Non-profit organizations often use third-party images, photos, videos, or software in their everyday operations. It is often beneficial to leverage such materials that are licensed under “open licenses” because they are free...more

Proskauer - New Media & Technology

GPL Open Source Litigation Could Open the Door to Other Suits

In today’s digital age, the question isn’t whether there is open source software being used in a company’s products, but how it is being used and what license governs its use. Open source is ubiquitous.  Despite its...more

Epiq

Software Escrow: An enterprise resiliency tool every legal department should have in their toolbox (with Don Dennis Jr.)

Epiq on

Jerich Beason is joined by Don Dennis, who is an attorney focusing on copyright and trademark infringement, Internet law, defamation, trade secret misappropriation, data security breach, and privacy law. Jerich and Don...more

BakerHostetler

Does Copyright Literally Protect Source Code Figuratively?

BakerHostetler on

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

Holland & Knight LLP

Recent Criminal Misappropriation of Trade Secrets to China

Holland & Knight LLP on

Trade secrets can be stolen at any point, and such theft can be prosecuted by the Department of Justice. This is evident in recently unsealed charges brought against a software engineer who stole source code from his United...more

Jones Day

Court Grants Rare Preliminary Injunction to Autonomous Vehicle Company WeRide

Jones Day on

Court rules that WeRide is likely to prevail on merits of its trade secret misappropriation claims against competitors - In a trade secret misappropriation case between two autonomous vehicle companies, the Northern...more

Holland & Knight LLP

Recent Criminal Prosecutions for Trade Secret Theft

Holland & Knight LLP on

Theft of trade secrets typically spurs civil actions against the offender, but theft of trade secrets can also be prosecuted criminally under the Economic Espionage Act, 18 U.S.C. § 1831 et seq. (the “Act”) and other related...more

Jones Day

Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?

Jones Day on

The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Employs Rarely Used Tool to Probe China IP Practices

As President Trump visits China, U.S. is investigating a longstanding issue in bilateral relationship—technology transfer/intellectual property requirements—that has potential implications for trade. U.S. business and...more

Sheppard Mullin Richter & Hampton LLP

Important Open Source Ruling Confirms Enforceability of Dual-Licensing and Breach of GPL for Failing to Distribute Source Code

A recent federal district court decision denied a motion to dismiss a complaint brought by Artifex Software Inc. (“Artifex”) for breach of contract and copyright infringement claims against Defendant Hancom, Inc. based on...more

Orrick - Trade Secrets Group

The Saga Continues: New York’s Highest Court Will Weigh in on Aleynikov’s Fate

On April 20, 2017, the New York Court of Appeals issued a brief order continuing former Goldman Sachs programmer Sergey Aleynikov’s eight-year voyage through the state’s and country’s legal systems. Here’s the issue: does...more

McDonnell Boehnen Hulbert & Berghoff LLP

New York v. Aleynikov: New York State’s Penal Code (Like Federal Criminal Law) Does Not Cover Electronic Reproduction of Source...

In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Another Aleynikov Trade Secrets Case Ends with Narrower Statute

In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs,...more

Orrick - Trade Secrets Group

Flash Boy’s Conviction Thrown Out—Again

In a stunning victory for the former Goldman Sachs programmer, New York State Justice Daniel Conviser threw out Sergey Aleynikov’s jury conviction on state law charges that he stole intellectual property from Goldman. Trade...more

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