The SaaS Tacks – The Ins and Outs of Negotiating SaaS Contracts
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IP|Trend: New Era in Protection of Software by Intellectual Property Law?
In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a...more
Federal contractors, including defense contractors, should prepare for the emergence of new requirements in the coming months that are designed to strengthen software supply chain security, impose more stringent cybersecurity...more
On February 20, 2025, the Virginia General Assembly passed HB 2094 the Virginia High-Risk Artificial Intelligence Developer and Deployer Act (the “Act”). The bill now awaits signature by Governor Youngkin. If it becomes law,...more
On January 13, 2025, Texas Attorney General’s Office filed its first lawsuit enforcing the Texas Data Privacy and Security Act (“TDPSA”). The law went into effect on July 1, 2024. The complaint also states claims under Texas’...more
Texas is joining a growing number of states in considering comprehensive laws regulating use of AI. In particular, the Texas Legislature is scheduled to consider the draft “Texas Responsible AI Governance Act” (the “Act”),...more
In a closely watched appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit recently vacated a permanent injunction from the District of Nevada against software provider Rimini. Oracle Int’l Corp. v. Rimini St.,...more
On Dec. 8, the European Union (EU) updated its Product Liability Directive (PLD) to, inter alia, specifically address AI software. This directive must next be “transposed,” or written into law by each of the 27 member states....more
Defendant, the largest video game distributor in the world, started out developing its own games, but now leaves this task to others and, instead, sells and distributes those games to end users through its Steam platform...more
Another court has allowed antitrust claims to proceed against competitors that use the same revenue management software. The case involves competitors in the real estate industry, but the takeaway is the same for any...more
The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more
On December 2, 2024, the Department of Commerce’s Bureau of Industry and Security (BIS) released its third round of export controls primarily targeting China’s attempts to create an “independent and controllable”...more
The Internet of Things (IoT) represents a transformative shift in how consumers interact with technology, integrating physical devices with sophisticated services to create interconnected ecosystems. As the adoption of IoT...more
California’s AB 2013, the “Generative Artificial Intelligence Training Data Transparency Act,” is poised to reshape the landscape for developers of Generative AI (GenAI) systems. Signed into law on September 28, 2024, it sets...more
Companies are racing to harness the power of artificial intelligence. The applications are myriad. Insurers are using AI to replace administrative overhead and assist with claims processing. Software developers are...more
In the second quarter of 2024, Colorado governor Jared Polis signed the Colorado Artificial Intelligence Act (CAIA), legislation regulating "high-risk" systems of artificial intelligence. ...more
A cybersecurity attack targeted cryptocurrency developers by uploading malicious packages to open-source website npm with names similar to libraries used in cryptocurrency work....more
On October 29, 2024, the US Department of Health and Human Services (HHS) Assistant Secretary for Technology Policy (ASTP) released a fact sheet titled “Information Blocking Reminders Related to API Technology.” The fact...more
An essential feature for customers in outsourcing software licensing and arrangements is the provision of robust protection against any software that could embed and distribute malware. To address these concerns, the...more
The shared Safe Software Deployment guidance calls software manufacturers to implement safe software development programs supported by verified processes including robust testing, rollout, and feedback loops....more
With the governor’s signature, Colorado has enacted a new consumer protection law focused on artificial intelligence (“AI”) systems. The “Colorado AI Act” will go into effect on February 1, 2026. It will have a minor impact...more
The U.S. Department of Labor (DOL) recently released new non-binding guidelines for employers and developers using artificial intelligence (AI). These guidelines build on the DOL’s May 2024 release of eight AI “principles”...more
Patented technologies or features can be valuable selling points, setting your products apart from the competition. But when advertising or marketing materials overstate the scope of patent or other IP rights, they may create...more
California Governor Gavin Newsom has vetoed a bill that sought to ensure the safe development of artificial intelligence (AI), including by imposing whistleblower protections for developers’ employees who reported potential...more
This blog post focuses on how the EU’s Artificial Intelligence Act (“AI Act”) regulates generative AI, which the AI Act refers to as General-Purpose AI (“GPAI”) Models....more
In a notice published on September 9, 2024, announcing a proposed rule and request for comment (“Proposed Rule”), the U.S. Department of Commerce called for new reporting requirements for the development of certain advanced...more