Searching Content by Chad Rutkowski from BakerHostetler ordered by Published Date Descending.
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Important Copyright Protections For Software To Be Addressed In Pending Federal Circuit Appeal
In December 2014, Cisco Systems, Inc. sued rival ethernet switch provider Arista Networks, Inc., for more than $300 million because it allegedly infringed Cisco's copyrights in operating system software that manages Cisco switches.
United States
15 Feb 2018
Beyond Source Code
BakerHostetler has created a web-based tool, which summarizes cases addressing copyright protection for computer software.
United States
18 Jan 2018
2017 – The Year In Which Copyright Went Beyond Source Code
2017 was a big year for raising the profile of copyright in protecting computer programs. Two cases in particular helped bring attention to a myth that was addressed and dispelled some time ago ...
United States
17 Jan 2018
Does Copyright Now Cover Functionality?
On March 22, 2017, the U.S. Supreme Court decided the case of Star Athletica, L.L.C. v. Varsity Brands, Inc. regarding the scope of copyright protection for "pictorial...
United States
4 Apr 2017
The Making Available Right Gets Transmitted To The U.S.
The court concluded that Defendant committed volitional (and willful) copyright infringement by failing to use its geoblocking technology, and "infringed [Plaintiff's] exclusive copyright...
United States
22 Dec 2016
Not Dat Function, Dis Function
When we talk these days about the role of functionality in determining the copyrightability of a useful article, we are generally talking about the 10 different separability tests...
United States
12 Oct 2016
How Will The Supreme Court Function With The Varsity Brands Test?
On Monday, the Supreme Court announced it had agreed to review the Sixth Circuit's copyright decision in Star Athletica v. Varsity Brands...
United States
13 May 2016
Can Software Be Created As A Work-For-Hire?
In early February a decision out of the Southern District of New York added another layer of dicta supporting the notion that software created by an independent contractor can qualify as a work-for-hire.
United States
9 Mar 2016
The Monkey In The Machine
In 2011, a Celebes crested macaque took a shot that was heard 'round the world. In a jungle in Indonesia, it depressed the remote trigger button of a photographer's camera, effectively taking a selfie.
United States
19 Feb 2016
The Give And Take Of The 2015 Library Of Congress Sec. 1201 Copyright Exemptions
I used to love working on cars. As a teenager I had a 1972 Karmann Ghia, which I could repair, MacGyver-like, with rubber bands, tinfoil, and sticks of chewing gum.
United States
20 Nov 2015
Drawing A Line In The Floor—Courts Are Struggling With The Overlap Between Design Patent And Copyright
In 2003 the U.S. Supreme Court in Dastar Corp. v. Twentieth Century Fox Film Corp. emphasized that "[t]he rights of a patentee or copyright holder are part of a 'carefully crafted bargain,'
United States
19 Oct 2015
What CLS Bank Taketh, Copyright May Giveth Back
Courts, commentators and clients will be struggling for some time to assess the impact on software patents of the Supreme Court decision in Alice v. CLS Bank.
United States
7 Jul 2014
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