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Open Source Software

Open source software code is publicly available and enables users to modify and disseminate new code including their modifications. Those who incorporate modifications into commercial software should consider both the patentability and infringement aspects of their efforts.

Beware of Domain Name Traffickers

Internet domain name registration is a first-come, first-served process. Because of the simplicity and relative low cost of registering a domain, trafficking in domain names has been commonplace since the inception of the Internet. It began with domain name hijacking. In its simplest form, hijacking is the registration of a domain name or names which …

Security Interests in Intellectual Property

Perfecting a security interest in intellectual property involves determining the appropriate filing venue. In general, Article 9 of the Uniform Commercial Code (“Article 9”) applies to transactions intended to create a security interest.  However, Article 9 can be preempted by certain federal laws authorizing other procedures for recording liens.

Open Source Code: An Intersection Between Copyright Law and the General Public License

Independent computer programmers and software developers are increasingly turning to open source code in writing new computer programs. Therefore, there is a growing need for both programmers and developers as well as companies who contract for their services and distribute their software to understand both copyright law and the GNU – General Public License (“GPL”) …

WHO IS AN INVENTOR AND WHY GETTING IT RIGHT IS IMPORTANT

Invention involves conception of a useful idea coupled with its reduction to practice. In determining conception, more than a bare idea is required. Conception is the formation in the mind of a definite and permanent idea of the complete and operative invention as it is to be thereafter applied in practice. Reduction to practice is …

Security Breach Notification: Minimizing Legal Complaince Exposure and Reputational Risks for Your Company

As a business owner whose database includes confidential personal information on clientele, you have taken every precaution to secure this data to prevent a security breach. But even with the best security measures in place, occasionally companies find themselves in the unfortunate position of having unintentionally leaked this information to an unauthorized party.

Stay Clear of Famous Trademarks

Everyone recognizes famous trademarks. Who is not aware of Microsoft, Rolex, McDonald’s and Coca Cola? The tremendous value in these marks lies in their universal recognition. Because of the renown of famous trademarks, it is not uncommon for smaller businesses to attempt to capitalize on the goodwill of famous marks by associating their goods or …

Using the Digital Millennium Copyright Act to Stop Online Copyright Infringement

The Digital Millennium Copyright Act (DMCA) was enacted to protect copyright owners from various forms of infringement in the digital age. It is perhaps most famous for its electronic copyright protection provisions. Those provisions make it unlawful to circumvent technological measures, e.g., encryption, that a copyright owner may use to prevent unauthorized access to music, …