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|Appeal Dismissed: Dispute over Ownership, Alleged Copyright Infringement of Software Programs, Scope of a License, and the Revocation of a Certificate of Registration|
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
August 12, 2014, previously published on August 6, 2014This was an appeal from a judgment of the Federal Court (decision here, summary here) dismissing the action for damages of Elizabeth Posada (“Posada”) and the company incorporated by Posada, Planification-Organisation-Publications Systèmes (POPS) Ltée (“POPS”),...
|Vermont Provides Draft Guidance on the Taxation of Prewritten Software Accessed Remotely|
McDonald Hopkins LLC;
July 26, 2014, previously published on July 24, 2014The Vermont Department of Taxes (the Department) recently issued draft guidance on the collection of sales tax on prewritten software accessed remotely in order to provide more clarity to taxpayers on this area of taxation. Prior to July 1, 2013, there was a legislative moratorium on the collection...
|Have You Upgraded Your XP Yet?|
Gregory Bautista, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 19, 2014, previously published on July 15, 2014 Microsoft officially ended support for Windows XP in April 2014, but not everyone has made the decision to upgrade their operating systems. By choosing to stick with Windows XP, users may be leaving themselves vulnerable to security risks that would not be present if a different operating system...
|Software Inventions—Keeping it Eligible|
John V. Biernacki, David B. Cochran, Douglas H. Pearson; Jones Day;
July 15, 2014, previously published on July 2014Takeaways and Practical Considerations from the PTO's Preliminary Examination Instructions on Patent-Eligible Subject Matter in view of Alice Corporation Pty. Ltd. v. CLS Bank International, et al.
|The Supreme Court's Aereo Ruling: Is the Sky Falling for Cloud Computing?|
Janina Gorbach; Foley & Lardner LLP;
July 14, 2014, previously published on July 8, 2014With the Supreme Court’s Aereo decision finally out, the digital industry is struggling with its impact, if any, on various products and services, particularly with regard to cloud computing. However, the Supreme Court narrowly tailored the Aereo decision to services that closely resemble...
|The Fight for the Right...to be Forgotten Online|
David Coll-Black, Grant McGlaughlin; Goodmans LLP - Toronto;
June 11, 2014, previously published on May 27, 2014A recent decision of the European Court of Justice overrides the interests of internet users in protecting the privacy rights of individuals whose personal information is retrievable online.
|Top 10 Tips Following Google's Recent CJEU Judgement|
Jane Elphick, Sarah Pearce; Edwards Wildman Palmer LLP;
June 11, 2014, previously published on June 5, 2014You may have read about the recent European Court of Justice decision regarding Google in Spain and “the right to be forgotten”.
|What Do You Mean? Nautilus Ruling Holds That a Patent Claim Must Convey with Reasonable Certainty the Scope of the Invention|
Ann G. Fort, Jeremy D. Spier; Sutherland Asbill & Brennan LLP;
June 6, 2014, previously published on June 3, 2014On June 2, a unanimous U.S. Supreme Court held in Nautilus Inc. v. Biosig Instruments Inc. that a patent claim may be found indefinite if it fails to convey the scope of the invention “with reasonable certainty” to a person skilled in the art. No. 13-369, 2014 WL 2440536 (U.S. June 2,...
|Cyber-Attackers Can’t Hack-It: The Pentagon Develops a Hack-Proof Drone|
Brian Fahrenbach; Husch Blackwell LLP;
May 30, 2014, previously published on May 28, 2014DARPA (the Pentagon’s research division) recently unveiled a new drone with secure software that protects the aircraft’s control systems from hackers. The program, known as High Assurance Cyber Military Systems (“HACMS”) uses carefully-crafted software to cut-off attacks....
|Deadline Looms for Canada’s Anti-Spam Law - But There’s Still (Barely) Time to Comply|
McCarthy Tetrault LLP;
May 29, 2014, previously published on May 22, 2014In less than six weeks, the e-communications landscape in Canada will undergo a seismic shift. On July 1, 2014, Canada’s anti-spam law (CASL) comes into force. Many businesses have assumed, incorrectly, that it simply won’t apply to them, or that their existing practices are just fine;...