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Adobe PDFA Practical Guide to Software License Agreements: Fees and Related Matters
Bradley Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
February 8, 2013, previously published on February 2013
Software 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....


HTMLCalifornia Court Recognizes Narrowly Drawn CFAA Claim Against Traffickers of Access Credentials
Ellen Moran Dwyer, Lucy Grace D. Noyola, Mark A. Romeo; Crowell & Moring LLP;
Legal Alert/Article
February 1, 2013, previously published on January 30, 2013
In 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...


HTMLCourt of Justice Rules on Resale of Computer Software
Emmelie Wijckmans; Crowell & Moring;
Legal Alert/Article
January 28, 2013, previously published on January 22, 2013
On 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...


HTMLEU Commission's Proposal for a New Data Protection Regulation - Status
Frederik Van Remoortel; Crowell & Moring;
Legal Alert/Article
January 28, 2013, previously published on January 22, 2013
As 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.


HTMLCalifornia Attorney General Issues Recommendations for Mobile Ecosystem Stakeholders
Kevin Khurana, Kevin Khurana; Proskauer Rose LLP;
Legal Alert/Article
January 17, 2013, previously published on January 15, 2013
Ever 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...


HTMLITC 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.;
Legal Alert/Article
January 2, 2013, previously published on December 31, 2012
On 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...


HTMLWhen Is a Software License Transferable Even If It Says It’s Nontransferable?
Sarah Byrt, Mark A. Prinsley; Mayer Brown International LLP;
Legal Alert/Article
December 28, 2012, previously published on December 19, 2012
Software 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...


Adobe PDFCalifornia Court Finds in Favor of Microsoft, Upholds Costs of Performance
Sutherland Asbill Brennan LLP;
Legal Alert/Article
December 26, 2012, previously published on December 19, 2012
On 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....


HTMLAnti-Poaching Agreements Under Attack
Stephen P. Murphy; Edwards Wildman Palmer LLP;
Legal Alert/Article
December 26, 2012, previously published on December 2012
Healthcare employers need to be mindful of a recent focus by federal antitrust regulators on agreements with competitors limiting solicitation and hiring of competitor employees.


HTMLIs Your Company Software Product Subject to New York State Sales Tax?
Kaiser Wahab; Wahab & Medenica LLC;
Legal Alert/Article
December 13, 2012
Most software operations never think twice about sales tax; that keeps the physical goods people (e.g., furniture, equipment, etc.) awake at night, right? And many of us have heard the horror stories of tax penalties and assessments against those kinds of operations. Unfortunately, according to...


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