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|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...
|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...
|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.
|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....
|Anti-Poaching Agreements Under Attack|
Stephen P. Murphy; Edwards Wildman Palmer LLP;
December 26, 2012, previously published on December 2012Healthcare employers need to be mindful of a recent focus by federal antitrust regulators on agreements with competitors limiting solicitation and hiring of competitor employees.
|Is Your Company Software Product Subject to New York State Sales Tax?|
Kaiser Wahab; Wahab & Medenica LLC;
December 13, 2012Most 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...
|Time Running Out for Mobile App Operators Targeted by California Attorney General|
Hunton Williams LLP;
December 7, 2012, previously published on November 26, 2012In late October 2012, California Attorney General Kamala D. Harris began sending letters to approximately 100 mobile app operators, informing them that they are not in compliance with the California Online Privacy Protection Act (“CalOPPA”). Pursuant to CalOPPA, “an operator of a...