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Documents on computer software
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|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...
|How the US's New Anti-IT Theft Approach Affects Asia's Businesses|
Alan C. W. Chiu; Mayer Brown JSM;
December 7, 2012, previously published on December 6, 2012The use of unauthorised software in business is illegal and is likely to attract both civil and criminal liabilities in Hong Kong. Yet, did you know that the use of unauthorised software by anyone whose goods are supplied to the US may also constitute an unfair trade practice under the US's unfair...
|UK ICO Publishes Anonymization Code of Practice|
Hunton Williams LLP;
December 7, 2012, previously published on November 21, 2012On November 20, 2012, the UK Information Commissioner’s Office (“ICO”) published “Anonymisation: Managing Data Protection Risk Code of Practice” (the “Code”). The purpose of the Code is to provide organizations with a framework for assessing the risks of...
|ALJ Pender Grants Motion To Terminate Investigation In Certain Computing Devices With Associated Instruction Sets And Software (337-TA-812)|
John F. Presper, Thomas C. Yebernetsky; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
December 7, 2012, previously published on December 5, 2012On November 30, 2012, ALJ Thomas B. Pender issued Order No. 18 in Certain Computing Devices With Associated Instruction Sets and Software (Inv. No. 337-TA-812).
|ALJ Shaw Grants Motion To Terminate Investigation In Certain Video Analytics Software (337-TA-852)|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
December 3, 2012, previously published on December 3, 2012On November 27, 2012, ALJ David P. Shaw issued Order No. 7 in Certain Video Analytics Software, Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-852).
|Large Enterprise Software Projects: ERP Success ASAP|
Duncan C. Card; Bennett Jones LLP;
November 26, 2012, previously published on November 26, 2012Increasingly, corporations are striving to improve the efficiency of their business processes, the quality of their back-office administration, the automation of frequently occurring commercial operations, and to improve their ability to capture and report key business information.