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Documents on computer software
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|UK: New Security for Sub-Licensees?|
Edwards Wildman Palmer LLP;
March 7, 2013, previously published on February 2013The conventional view in the UK has been that a sub-licensee has no greater rights than his sub-licensor and so a sub-licence ends when the sub-licensor’s rights terminate. This is questioned by the recent case of VLM Holdings Limited v Ravensworth Digital Services Limited  EWHC 228...
|CBP Issues Guidance on Country of Origin|
Drinker Biddle Reath LLP;
March 7, 2013, previously published on February 22, 2013Despite software’s intrusion into almost every aspect of our lives, U.S. Customs and Border Protection (CBP) has issued very little guidance on how to determine a software’s country of origin, particularly in situations where a substantial transformation may have occurred. CBP guidance...
|You Can Jailbreak Phones But Not Tablets: New DMCA Rules Roll Back Fair Use in Favor of Software Owners’ Rights|
Thomas C. Carey; Sunstein Kann Murphy & Timbers LLP;
February 21, 2013, previously published on January 2013The Digital Millennium Copyright Act (DMCA) bans the circumvention of technological measures that restrict access to works that are copyright-protected. E-books, music, movies and software all benefit from this legal protection, which does not require copying of the protected material to trigger a...
|USPTO Considers Best Practices to Improve Patent Application Quality|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
February 18, 2013, previously published on February 14, 2013In a Federal Register Notice published January, 13, 2013, the USPTO asks the public to consider potential best practices aimed at improving patent application quality ”in order to facilitate examination and bring more certainty to the scope of issued patents.” These practices are...
|Federal Circuit Hears Oral Argument on the Patent Eligibility of Computer-Implemented Methods, Systems and Products|
Josh Calabro, Robert H. Fischer; Fitzpatrick, Cella, Harper & Scinto;
February 14, 2013, previously published on February 11, 2013On February 8, 2013, the Court of Appeals for the Federal Circuit heard en banc oral argument in CLS Bank v. Alice Corporation. This case concerns whether claims covering computer-implemented methods, systems, and products for exchanging a financial obligation recite patent-eligible subject matter...
|Oral Argument in CLS Bank: Redefining Patent Eligibility for Computer-Related Inventions?|
George C. Beck, Jeanne M. Gills, Jeffrey J. Mikrut; Foley & Lardner LLP;
February 14, 2013, previously published on February 11, 2013On February 8, 2013, the Federal Circuit, sitting en banc, heard oral arguments in CLS Bank International v. Alice Corporation Pty. Ltd., No. 2011-1301, which vacated a panel opinion from the Federal Circuit, CLS Bank Int’l v. Alice Corp., 685 F.3d 1341 (Fed. Cir. 2012), vacated, 484 Fed....
|Country of Origin for Computer Software - U.S. Customs Finally Sheds Some Light on the Issue|
David S. Gallacher; Sheppard, Mullin, Richter & Hampton LLP;
February 13, 2013, previously published on February 11, 2013One of the most perplexing questions that has plagued the government contracting community in recent years relates to the country of origin for computer software. Where most government procurements restrict the purchase of products that were not manufactured or substantially transformed in an...
|A Practical Guide to Software License Agreements: Fees and Related Matters|
Bradley Freedman; Borden Ladner Gervais LLP;
February 8, 2013, previously published on February 2013Software 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....
|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...
|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.