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Results: 11-20 of 261

California BOE holds interested parties meeting on TTA regulation

  • Sutherland Asbill & Brennan LLP
  • -
  • USA
  • -
  • July 18 2012

The California State Board of Equalization (BOE) held an interested parties meeting on July 17, 2012, to discuss whether to amend its Regulation 1507 (Technology Transfer Agreements (TTA)) to clarify how the TTA statutes (Cal. Rev. and Tax Code 6011(c)(10) and 6012(c)(10)) should apply to transfers of computer programs on tangible storage media

Computer file extension functional, therefore not protectable as trademark

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled

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

Extracting new value from the database right ECJ decision in Directmedia Case

  • Matheson
  • -
  • European Union
  • -
  • December 19 2008

The William Hill case in 2004 placed serious doubt on the value or usefulness of the sui generis database right (“the database right”) introduced by EC Directive 996

Practical strategies for developing open source compliance programs: why compliance (increasingly) matters

  • Bryan Cave LLP
  • -
  • USA
  • -
  • November 16 2009

The legal risks of open source software need not be any greater than the legal risks of proprietary software if you pay proper attention and take action

Jacobsen v Katzer, et al

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • January 21 2009

The District Court for the Northern District of California dismissed plaintiff’s state law breach of contract claim, relating to an “open source” software license, because it is pre-empted by the Copyright Act

Tecsec v. IBM

  • Williams Mullen
  • -
  • USA
  • -
  • June 2 2010

Yesterday on June 1, Oracle filed its own opposition to Tecsec's request for a case management order, joining in the defendants' request to proceed only against IBM, but in the altnernative requesting that the Court order Tecsec to limit both the number of claims asserted and the number of accused products

Court issues key rulings in copyright infringement case over open source software

  • McCarthy Tétrault LLP
  • -
  • USA
  • -
  • February 11 2010

In the latest instalment in the Jacobsen v. Katzer saga, the District Court for the Northern District of California found that open source files for a model train software application were eligible for copyright protection

Disavowed claim scope during prosecution gone for good

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 28 2008

Interpreting a claim preamble and related statements made during prosecution, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment that the defendants did not infringe a patent directed to a portable microprocessor system

Open source licenses: key Federal Circuit ruling on enforceability

  • Hogan Lovells
  • -
  • USA
  • -
  • September 10 2008

A recent ruling by the United States Court of Appeals for the Federal Circuit, Jacobsen v. Katzer, No. 08-1001 (Fed. Cir. Aug. 13, 2008), found that the terms of an open source license are “enforceable copyright conditions,” allowing a plaintiff to assert a copyright infringement claim if a user of open source software fails to comply with the terms of the license