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Brazilian company need not indemnify multinational software manufacturers for the use of unlicensed software

by Esther Flesch and Bruno Maeda The Superior Court of the State of Minas Gerais has ruled that a Brazilian engineering company was not required to indemnify two large US-based software companies for the use of unlicensed software. The lawsuit was filed by one of the multinational software companies...

Anomalous Brazilian state appeals court decision finds lack of reciprocity, denies protection to US software companies

A 2-1 decision issued in May 2010 by a panel of the Appellate Court of the State of Minas Gerais (Appeal No. 1.0224.08.199736-3) refused to acknowledge Microsoft Corporation's and Autodesk Inc.'s rights in and to computer programs. According to the majority, Microsoft and Autodesk had failed...

Software Makers, Take Note: Court Defines "Circumvention" Downward

Hacking a security device in order to use software is not a violation of a law barring the circumvention of technology that "controls access" to copyrighted works, such as software. The Fifth Circuit makes this fine distinction in MGE UPS Sys. v. GE Consumer & Indus. , 612 F.3d 760 (5th...

LaFrance on Distinguishing between Sales and Licenses of Software

As digital media overtake more traditional publication means, disputes over the distinction between sales and licenses of copyrighted materials are more frequent. Disputes involving software have dominated, but the distinction is also problematic with respect to other categories of copyrighted works...

Jingle All the Way…To the Tune of $1.3 Billion: Oracle Wins Largest-Ever Copyright Infringement Award

By Nicole Rizzo Smith In the world of technology titans, SAP has landed itself on the naughty list this year. In a copyright infringement action brought by Oracle against rival SAP for stealing software and customers, a federal jury last month awarded Oracle $1.3 billion, the largest copyright...

Copyright for Computer Software

Intellectual property is an asset that affects the valuation of a business. When a business owner wants to sell his or her business or issue securities to an investor, the price per share the owner is going to receive depends on the valuation of the business. The more assets the business has...

Williams Mullen: Edgenet, Inc. v. The Home Depot USA, Inc., et al – Seventh Circuit Holds that Contract Gave Retailer the Right to Purchase a Perpetual Copyright License in Inventory Database Taxonomy and to Use that Taxonomy to Create Its Own Version

BY: MARK S. THOMAS On September 2, 2011, in Edgenet, Inc. v. The Home Depot USA, Inc ., et al , No. 10-1335 (7th Cir, September 2, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the U. S. Court of Appeals for the Seventh Circuit...

Protecting Your Trade Secret While Protecting Your Code with Copyright Registration

This post is about protecting the secrecy of your code while registering it with the US Copyright Office. Copyright.gov website provides useful information about copyright in general and the process of filing a copyright application in particular. Circular 61 , available on the copyright.gov...

Vernor v. Autodesk, Inc.: The Last First Sale?

By Andrew L. Berrier* * J.D. Candidate, May 2012, Wake Forest University School of Law. Excerpt from Vernor v. Autodesk, Inc.: The Last First Sale? , 46 Wake Forest L. Rev. 867 (Fall 2011) Introduction This is not likely to be the first time you have read an agreement such as the one above. Given...

Jury Says Google Infringed, But It Can’t Agree On Fair Use

SAN FRANCISCO - (Mealey's) After five full days of deliberation, federal jurors in California issued a partial verdict yesterday in the closely watched copyright dispute over defendant Google Inc.'s Android software platform ( Oracle America Inc. v. Google Inc. , No. 10-3561, N.D. Calif.;...

Troutman Sanders LLP: IP Claims in Corporate Breach of Fiduciary Duty Cases

By Dabney Carr A recent decision from Judge Trenga in the Eastern District of Virginia illustrates how corporate disputes can give rise to intellectual property claims, including trademark infringement, anti-cybersquatting and Computer Fraud and Abuse Act claims. Ritlabs, S.R.L. v. Ritlabs, Inc...

Software is Still Patentable Subject Matter: An Analysis of the En Banc Federal Circuit Opinion in CLS Bank v. Alice Corp

by Dov Greenbaum With the Supreme Court then poised to rule in Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. __(2013) regarding the subject matter eligibility of isolated genes, the en banc Federal Circuit in CLS Bank v. Alice Corp. (Fed. Cir. 2013) failed to provide a clear...