New guide to open source issues
[Update: Thanks, Dad, for alerting me to the typo. It's a relief to know I'll always have at least one reader!] The Software Freedom Law Center, one of the leading influencers in the free and open...
View ArticleSoftware distributor agreement violated New York’s Rule Against Perpetuities
McAllister Software Systems, Inc. v. Henry Schein, Inc., No. 06-0093, 2008 WL 922328 (E.D. Mo. April 2, 2008) This case came out about three months ago, and I should have blogged about it then but it...
View ArticleCFAA requires intent to cause harm, not merely intent to transmit
Kalow & Springnut, LLP v. Commence Corporation, 2008 WL 2557506 (D.N.J. June 23, 2008) The federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030 et seq. creates civil liability for anyone...
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Vernor v. Autodesk: does it matter in an age of cloud computing?
Today the Ninth Circuit issued an opinion in the case of Vernor v. Autodesk [PDF], making an important ruling about copyright, software and the first sale doctrine. At a fundamental level, however,...
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Customer violated software license by letting attorneys use application
The Compliance Store v. Greenpoint Mortgage Funding, — F.3d —, 2010 WL 4056112 (5th Cir. October 18, 2010) A federal court in Texas has decided a case that could have notable implications for both...
View ArticleNo Section 230 immunity for healthcare software provider
Company could be liable for modifications made to its software that provided abbreviated third-party warnings for prescription drugs. Cases dealing with the Communications Decency Act often involve...
View ArticleNinth Circuit revives software download copyright infringement case
The main issue before the Ninth Circuit Court of Appeals in the case of Design Data Corp. v. Unigate Enterprise was whether the trial court properly granted summary judgment in defendant’s favor on the...
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Online platform’s EULA barred software developer from claiming copyright...
Developer entered into an agreement with the TD Ameritrade platform that gave him access to the platform’s APIs so that he could develop his own analytical tools. He claimed that without his...
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