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Documents on computer software
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|Oral Argument in CLS Bank: Redefining Patent Eligibility for Computer-Related Inventions?|
George C. Beck, Jeanne M. Gills, Jeffrey J. Mikrut; Foley & Lardner LLP;
February 14, 2013, previously published on February 11, 2013On February 8, 2013, the Federal Circuit, sitting en banc, heard oral arguments in CLS Bank International v. Alice Corporation Pty. Ltd., No. 2011-1301, which vacated a panel opinion from the Federal Circuit, CLS Bank Int’l v. Alice Corp., 685 F.3d 1341 (Fed. Cir. 2012), vacated, 484 Fed....
|Country of Origin for Computer Software - U.S. Customs Finally Sheds Some Light on the Issue|
David S. Gallacher; Sheppard, Mullin, Richter & Hampton LLP;
February 13, 2013, previously published on February 11, 2013One of the most perplexing questions that has plagued the government contracting community in recent years relates to the country of origin for computer software. Where most government procurements restrict the purchase of products that were not manufactured or substantially transformed in an...
|A Practical Guide to Software License Agreements: Fees and Related Matters|
Bradley Freedman; Borden Ladner Gervais LLP;
February 8, 2013, previously published on February 2013Software license agreements generally require the customer to pay fees for the software license and related services, which fees are usually based upon the duration of the license and the manner in which the customer is allowed to use the software, together with applicable taxes and withholdings....
|California Court Recognizes Narrowly Drawn CFAA Claim Against Traffickers of Access Credentials|
Ellen Moran Dwyer, Lucy Grace D. Noyola, Mark A. Romeo; Crowell & Moring LLP;
February 1, 2013, previously published on January 30, 2013In a blow to victims of data theft, the Ninth Circuit in United States v. Nosal held less than a year ago that the Computer Fraud and Abuse Act (CFAA) was not an available remedy where the alleged thief had authorized access to the computer system from which data was stolen. The Northern District...
|EU Commission's Proposal for a New Data Protection Regulation - Status|
Frederik Van Remoortel; Crowell & Moring;
January 28, 2013, previously published on January 22, 2013As mentioned in our previous newsletters, on January 25, 2012, the EU Commission has proposed a comprehensive reform of existing EU data protection rules, including a draft for a new Data Protection Regulation.
|Court of Justice Rules on Resale of Computer Software|
Emmelie Wijckmans; Crowell & Moring;
January 28, 2013, previously published on January 22, 2013On 3 July 2012, the Court of Justice ruled on a preliminary reference of the Bundesgerichtshof with regard to the resale of computer software. The Court ruled that computer programs can be resold and the buyers are lawful acquirers, on the condition that the program is made unusable on the first...
|California Attorney General Issues Recommendations for Mobile Ecosystem Stakeholders|
Kevin Khurana, Kevin Khurana; Proskauer Rose LLP;
January 17, 2013, previously published on January 15, 2013Ever on the forefront of consumer privacy protection, California is again making news in the privacy world with the California Attorney General’s recent publication of “Privacy on the Go: Recommendations for the Mobile Ecosystem,” which includes privacy recommendations for app...
|ITC Decides Not To Review Final ID in Certain Computer Forensic Devices (337-TA-799)|
John F. Presper, Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
January 2, 2013, previously published on December 31, 2012On December 21, 2012, the International Trade Commission (“Commission”) issued a notice of its determination not to review the Initial Determination (“ID”) of Chief ALJ Charles E. Bullock finding no violation of Section 337 in Certain Computer Forensic Devices and Products...
|When Is a Software License Transferable Even If It Says It’s Nontransferable?|
Sarah Byrt, Mark A. Prinsley; Mayer Brown International LLP;
December 28, 2012, previously published on December 19, 2012Software companies cannot prevent the sale of “second-hand” software licenses where those licenses are for a one-off fee and an unlimited period. Clauses in these licenses stating that they are nontransferable will not be enforceable. This is the effect of a recent judgment by the Court...
|California Court Finds in Favor of Microsoft, Upholds Costs of Performance|
Sutherland Asbill Brennan LLP;
December 26, 2012, previously published on December 19, 2012On December 18, 2012, the California Court of Appeal ruled that receipts from the right to replicate software are sourced as sales “other than tangible personal property.” In reversing the trial court, the Court of Appeal upheld the taxpayer’s use of costs of performance sourcing....