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|Oklahoma Letter Rulings: Sales of Digital Products, Software Maintenance Renewals and Video Game Cards Are Not Subject to Sales Tax|
Andrew D. Appleby, Derek Takehara; Sutherland Asbill & Brennan LLP;
March 3, 2014, previously published on January 8, 2014The Oklahoma Tax Commission issued three Letter Rulings addressing the digital economy. First, the Commission ruled that receipts from sales of digital photos, videos and designs delivered via the Internet are not subject to sales tax when no tangible item is conveyed.
|Indiana: Use Tax Assessed On Pre-Written Computer Software Sales and GPS Installed On Vehicles|
David M. Kall, Susan Millradt McGlone, Jeremy J. Schirra; McDonald Hopkins LLC;
February 25, 2014, previously published on February 20, 2014The Indiana Department of State Revenue (Department) has reiterated in its Letter of Findings 04-20130306 (Finding) the Department’s position that computer software sales are generally not subject to Indiana sales and use tax if the software is a custom program specifically designed for one...
|Fate of Software Patents in Hands of the Supreme Court|
Paul S. Weidlich; Chambliss, Bahner & Stophel, P.C.;
February 20, 2014, previously published on February 14, 2014If your company owns or relies on software patents or business method patents enabled by software, then an upcoming decision in a software patent case will be of critical interest to you. Nearly 70 years after the first computer programs were written, the patentability of software remains...
|Summary of FCC Order Calling for IP Technology Transition Trial Proposals|
Bingham McCutchen LLP;
February 12, 2014, previously published on February 3, 2014On Friday January 31, the FCC released an Order, a Notice of Proposed Rulemaking, and Notice of Inquiry regarding Technology Transition Trials. These trials are not designed to test technology but to test how the FCC’s core “values underlying operation of today’s networks can be...
|Nintendo Judgment Puts UsedSoft Back in the PC Box|
Nicholas C.A. Bolter, Gareth Dickson; Edwards Wildman Palmer LLP;
January 31, 2014, previously published on January 2013There was excitement and consternation is roughly equal measure when the Court of Justice of the European Union ruled in UsedSoft v. Oracle that developers could not use copyright to prevent the resale of “second-hand” copies of software downloaded from the Internet. The Court came...
|E-Commerce Software Is On Docket For Supreme Court With Closely-Watched Business Method Patent Case|
Kevin S. Sprecher; Strauss Troy Co. L.P.A.;
January 21, 2014, previously published on January 20, 2014Today, you don’t think twice about clicking a button on Amazon or Priceline to make a purchase, but complex underbelly e-commerce engines drive these systems. These software programs are protected by nuanced business method patents that have come under question.
|The Number of The Day: 70 Million (at least)|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
January 17, 2014, previously published on January 10, 2014The Target data breach story keeps getting worse. The December pre-Christmas disclosure was the theft of up to 40 million Target shoppers’ credit and debit card information in what appeared to have been a hack of the Target point-of-sale system that allowed the thieves to swipe magnetic card...
|PTAB Practice Tip: When Must I Request ‘Authorization’ to File a Motion?|
Andrew S. Baluch; Foley & Lardner LLP;
January 16, 2014, previously published on January 15, 2014One of the most common mistakes parties make in the new Inter Partes Review (IPR) and Covered Business Method (CBM) proceedings is failing to seek Board authorization to file a motion. Many practitioners incorrectly assume that the way to request relief of any sort is to simply file a motion. But...
|Massachusetts: Department of Revenue Provides Guidance on Application of Sales Tax to Cloud Computing|
McDonald Hopkins LLC;
January 3, 2014, previously published on December 19, 2013Due to the rapid advancements in technology and software-related products, states and sellers are struggling to properly determine whether the sale is considered a sale of software-related products that are taxable sales of pre-written software or a sale of software-related products that are...
|Copyright Office Releases Revised Statement of Account Forms for 2013/2 Accounting Period, Approves Use of Filing Fee Addendum with TWC Excel SOA Template|
Seth A. Davidson; Edwards Wildman Palmer LLP;
December 17, 2013, previously published on December 13, 2013The Copyright Office, which recently announced the establishment of a schedule of filing fees that must accompany the submission of each statement of account form submitted by a cable operator, has published updated versions of Forms SA1-2 and SA3 that require cable operators to include the...