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Copyright Infringement Copyright Software

McDermott Will & Emery

Insuring Innovation: Software Code May Be Protected as an Arrangement

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The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider...more

Robins Kaplan LLP

Navigating the Legal Landscape: Generative AI and Copyright Law

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Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued...more

McDermott Will & Emery

Late Expert Report Dooms Copyright Case

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The US Court of Appeals for the Sixth Circuit weighed in for a third time on an eight-year copyright battle, this time finding that a district court did not abuse its discretion in excluding the plaintiff’s proposed expert or...more

Goodwin

What’s Next for AI? Six Areas to Watch in 2024

Goodwin on

Generative AI (GenAI) surged to the forefront of corporate agendas and public policy debates last year, promising to boost productivity and innovation. What’s in store for AI in 2024?...more

Wiley Rein LLP

COFC Releases Decision on Damages Owed by DOD in Copyright Infringement Case

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The U.S. Court of Federal Claims (COFC) recently unsealed its decision on damages for copyright infringement by the U.S. Department of Defense (DOD) in 4DD Holdings, Inc. v. United States (Case No. 15-945C). The Court awarded...more

Vondran Legal

Attorney Steve® 2023 First Annual Software Piracy Compliance & Enforcement Awards

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Having handled nearly a 1,000 software compliance audits with copyright clients large and small, I am setting forth my findings of the best to the worst companies, in my opinion, in terms of fairness, undue aggressiveness,...more

Vondran Legal

The Professional Copyright Plaintiff and the Statute of Limitations

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There are many different types of Copyright plaintiffs who sue for unlawful and unlicensed use of their copyright-registered content. For example, our firm has dealt with the following types of copyright defense brought by...more

BakerHostetler

No, the Federal Circuit Did Not Just Kill Off Software Copyrights - Knock It Off

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Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield better guidance...more

Sheppard Mullin Richter & Hampton LLP

Divided Federal Circuit Makes Controversial Ruling That Nonliteral Elements of “Cloned” Software Are Not Protectable Because It...

The Court of Appeals for the Federal Circuit (CAFC) affirmed a district court ruling that the asserted nonliteral elements of a software program were not copyright protectable, in part, because allegedly copied materials...more

Vondran Legal

Ansys goes BIG with Texas lawsuit against 213 John Doe Defendants

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We have already seen one MASS SOFTWARE PIRACY case filed this year by Siemens, and now on the heels of that lawsuit (also filed in Texas) there is another lawsuit filed by Ansys, Inc. filed by the Law Offices of John F. Lumen...more

Venable LLP

Generative AI - Copyright Overview Part 1

Venable LLP on

Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

Vondran Legal

Autodesk Software Audits – What you need to know!!

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This blog will tell you about some of the basics companies should know when faced with a licensing compliance audit. 1. Here is their audit clause 21.5 Compliance - Autodesk has the right to verify the installation of,...more

Kidon IP

Legal Protection for the Software Arts — Part 10

Kidon IP on

Finally, other than various state law trespass and common law claims, the most common form of protection for software is a simple contract. Unlike free and open source software, most commercial software products are...more

Kidon IP

Legal Protection for the Software Arts — Part 7

Kidon IP on

One of the other protections available for software that is collateral to copyright is codified in the Digital Millennium Copyright Act (DMCA). The DCMA prohibits third parties from circumventing technological measures the...more

Kidon IP

Legal Protection for the Software Arts — Part 5

Kidon IP on

Copyright protection is, generally speaking, formality-free in the US and other member states of the Berne Convention for the Protection of Literary and Artistic Works. A software rights owner does not have to publish, affix...more

Brownstein Hyatt Farber Schreck

Supreme Court: Copying APIs in Software Can Be Fair Use

Intellectual property protection for software has long been a concern, both for innovators seeking to protect their work as well as innovators seeking to make use of existing works for further development. The shifting...more

Pillsbury - Internet & Social Media Law Blog

A Short History of the Fair Use Defense in the Software Industry

Last month, the Supreme Court released its much-anticipated decision in Google v. Oracle. The Court ruled that Google’s copying of 11,500 lines of declaring code from Java SE, for use in Google’s Android platform, was fair...more

Spilman Thomas & Battle, PLLC

Supreme Court Rules in Google’s Favor in Copyright Dispute with Oracle Over Android Software

After the Supreme Court's April 6 decision in Google LLC v. Oracle America, Inc., 141 S.Ct. 1183 (2021), the computer software and programming industry can breathe a tentative sigh of relief and perhaps sleep more soundly....more

McCarter & English, LLP

All Is Fair In Google And Oracle: Supreme Court Says Google’s Copying Was Fair Use In Landmark Copyright Case

Was it fair for Google to copy 11,500 lines of Oracle’s copyrighted Java Application Programming Interface (API) simply to make it easier for programmers already familiar with Java to develop apps for Google’s Android...more

McDermott Will & Emery

Ahoy There : If License Terms Not Clearly Intended to Be a Condition Precedent, It’s a Covenant

The US Court of Appeals for the Federal Circuit held that the US Court of Federal Claims erred by failing to consider defendant’s non-compliance with the terms of an implied license, vacating the claims court’s finding of...more

Dorsey & Whitney LLP

Google v. Oracle: What We Learned from Oral Argument

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On October 7, 2020, the Supreme Court heard arguments in Google v. Oracle, a decade-long battle challenging Oracle’s claim to own copyrights in certain aspects of its Java software platform that Google implemented in Android...more

Sunstein LLP

The Supreme Court Ponders These Questions in Google v. Oracle: Is the Sky Falling? Is JAVA like the QWERTY Keyboard?

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The Supreme Court heard oral arguments on October 7 in Google v. Oracle, which involves a Federal Circuit decision that we have discussed here. The primary question is whether the code of application programming interfaces...more

BakerHostetler

Does Copyright Literally Protect Source Code Figuratively?

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Learn how copyright can protect your software “Beyond Source Code” to cover both screen displays and UX, how the scope of software copyright law might impacted by the pending Supreme Court opinion in Oracle v. Google, and the...more

Vedder Price

Google v. Oracle and the Future of Software Development

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The decade-old battle between two technology powerhouses—Google and Oracle—potentially reshaping the future of software will now continue into the Supreme Court’s next term. Referred to in the media as the copyright lawsuit...more

Dorsey & Whitney LLP

Google v. Oracle: Should SCOTUS Declare Code is an Expression or an Idea?

Dorsey & Whitney LLP on

In our prior post, we introduced the controversy at the center of “the copyright lawsuit of the decade” between Google and Oracle.  Since then, both parties and 61 amici have submitted their briefs to the Supreme Court.  This...more

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