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Documents on computer software
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|No Expansion of CFAA Liability for Monetary Exploit of Software Bug|
Jeffrey D. Neuburger; Proskauer Rose LLP;
November 15, 2013, previously published on November 13, 2013In the game Monopoly, lucky players landing on Community Chest might turn over the highly desirable “Bank Error in Your Favor, Collect $200" card. By the next turn, the proceeds are usually invested in properties and houses, yet, some might wonder whether accepting such a windfall was...
|A Practical Guide to Software License Agreements: Governing Law and Dispute Resolution|
Borden Ladner Gervais LLP;
November 13, 2013, previously published on November 12, 2013Software license agreements usually contain provisions that specify the law that governs the agreement and a procedure for resolving disputes relating to the agreement. Those provisions can have a significant effect on the rights and obligations of the software vendor and customer. The software...
|SCC Competition Law Class Action Decisions|
Patrick Copeland, Don Jack; Aird & Berlis LLP;
November 7, 2013, previously published on November 1, 2013On October 17, 2012, the Supreme Court of Canada heard argument in three appeals relating to the certification (in Quebec, the authorization) of class actions: Pro-Sys Consultants Ltd. v. Microsoft Corporation, Infineon Technologies AG v. Option Consommateurs, and Sun-Rype Products Ltd. v. Archer...
|Shifting Strategies: Public Disclosure Under the AIA|
Christopher S. Dodson; Barley Snyder;
November 7, 2013, previously published on November 7, 2013The final phase of the America Invents Act (“AIA”) was implemented on March 16, 2013, and marked the end of the transition from the old first inventor to invent system to the new first inventor to file system. This monumental change has far reaching implications concerning the role of...
|A Practical Guide to Software License Agreements: Source Code Escrow Arrangements|
Bradley Freedman; Borden Ladner Gervais LLP;
October 29, 2013, previously published on October 28, 2013Software license agreements often include a source code escrow arrangement that allows the customer to access and use source code for the licensed software if specific events occur. If a customer requires the self-help remedy that source code can provide, then the customer should request and...
|Software and Business Methods — Patentable Subject-Matter in Europe?|
Anne Campbell, David Wraige; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 22, 2013, previously published on October 21, 2013The CLS Bank case (CLS Bank Int’l v. Alice Corp. Pty. Ltd., 2011-1301) decision issued by the Court of Appeals for the Federal Circuit highlighted the difficulty that those working in the field of software patents in the US are having in deciding what constitutes patent eligible...
|Federal Circuit Invalidates Patent Over the Inventions Set Forth in the Claims Requirement of 35. U.S.C. § 112 ¶ 2.|
Ellen T. Wong; Foley & Lardner LLP;
October 18, 2013, previously published on October 15, 2013The Federal Circuit’s recent decision in Juxtacomm-Texas Software, LLC v. Tibco Software, Inc., Nos. 2013-1004, -1025 (Sept. 30, 2013) (nonprecedential) serves as a reminder of the vulnerability of patent claims that drift beyond the scope of what an applicant regarded as its invention:
|SaaS Recovery and Escrow Alternatives - Planning for Continuity on a Rainy Day in the Cloud|
Craig R. Auge; Vorys, Sater, Seymour and Pease LLP;
October 17, 2013, previously published on October 16, 2013Ease, simplicity, and low start-up costs are just some of the reasons customers turn to software-based "cloud" applications and services. These include software-as-a-service (SaaS), application service provider (ASP), and similar arrangements, but for simplicity these are referred to in...
|A Practical Guide to Software License Agreements: Confidentiality Obligations|
Borden Ladner Gervais LLP;
October 16, 2013, previously published on October 15, 2013Software license agreements often contain provisions that impose restrictions and requirements regarding the use and disclosure of each party’s confidential information. Customers should consider whether the confidentiality obligations are reasonable and practicable for the particular...
|New York: Advisory Opinion Clarifies Application of Sales and Use Tax to Software Tool|
David M. Kall, Susan Millradt McGlone, Jeremy J. Schirra; McDonald Hopkins LLC;
October 7, 2013, previously published on October 3, 2013A software developer (Petitioner) requested an advisory opinion (TSB-13(30)S) from the New York Department of Taxation and Finance (Department) about whether his online software assessment tool or the reports generated by the use of his software tool are subject to New York sales and use taxes.