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A ‘perpetual’ licence might not be forever
- Bird & Bird
- -
- United Kingdom
- -
- November 2 2010
Software licensees might expect that a 'perpetual' licence is never ending
Deeplinking to genuine source of downloadable software did not amount to an IP rights infringement
- Bird & Bird
- -
- France
- -
- November 2 2010
A French court has held that an unauthorised direct link to downloadable software, bypassing the home page of the software publisher, does not itself amount to an infringement of intellectual property rights
European Commission accepts commitments offered by Rambus
- Bird & Bird
- -
- European Union
- -
- January 29 2010
On 9 December 2009, the European Commission announced that it had adopted a decision making legally binding the commitments offered by Rambus, to address the Commission's Article 102 TFEU case
Software publishers can prevent resale of bare licences and back-up copies of used software
- Bird & Bird
- -
- Germany
- -
- October 27 2009
Three German Courts of Appeal have held that the distribution of used software is only permitted if the copyright holder consents or if the software is distributed in the same physical form (i.e. on the media) in which it was initially put on the market
First Swedish information orders case overturned on appeal
- Bird & Bird
- -
- Sweden
- -
- October 27 2009
Following the Swedish implementation in April of the Intellectual Property Rights Enforcement Directive, the Solna District Court issued Sweden’s first order requiring an ISP to disclose the identity of the user behind an IP address alleged to have been used for activities infringing copyright
Software patents an update on the UK position
- Bird & Bird
- -
- United Kingdom
- -
- July 20 2009
In two judgments of 12 January 2009, the UK-IPO dismissed appeals in respect of patent applications by eSpeed Inc ("eSpeed") (BL O00909) and Schlumberger Holdings Limited ("Schlumberger") (BL O01609) on the basis that the applications were for excluded subject matter under Article 52(2) of the EPC
Software patents in Europe the next instalment
- Bird & Bird
- -
- European Union, United Kingdom
- -
- April 2 2009
The law concerning patents for software-related inventions in Europe has followed a tortuous development with divergent approaches being adopted both in the European Patent Office ("EPO") and in national patent offices and courts
German Federal Court of Justice decides that reprographic levies should not be raised on personal computers up to 2007
- Bird & Bird
- -
- Germany
- -
- February 4 2009
This case looks at a recent decision in the German Courts regarding whether reprographic levies should be raised on personal computers (“PCs”
German Federal Supreme Court decided on printer levies
- Bird & Bird
- -
- Germany
- -
- June 2 2008
In two landmark judgments of 6 December 2007 and 30 January 2008, the German Federal Supreme Court (“FSC“) has ruled that the so called “reprographic copyright levy“ implemented by the German legislator to compensate for licence-free copying made with traditional photocopiers does not apply to single function printers
Tivoisation and the open source debate
- Bird & Bird
- -
- Germany, Global, USA
- -
- June 2 2008
Tivoisation is the creation of a computer system that incorporates open source software but uses technical methods to prevent users from running modified versions of the software on that hardware
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