Detroit Patent Office to Cover Software

Detroit is excited about the branch office of the United States Patent and Trademark Office opening downtown in July.  And with good reason.  Moreover, based on the USPTO’s recent job posting for people with computer backgrounds to serve as administrative law judges in Detroit, it appears that the Detroit Patent Office will go beyond the […]

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Case Note: Copyright First Sale Doctrine

A California court recently reaffirmed the principle that a restrictive software license is not a “sale” for purposes of the federal copyright laws, and that the license could not be used to assert a defense to copyright infringement based on the first sale doctrine.  Adobe Systems Inc. v. Hoops Enterprise LLC, No. 4:10-cv-02769-CW (N.D. Cal., Feb. […]

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Introducing the Non-Lawyers’ Pages

While this site presents issues mainly of interest to other lawyers, those issues are vitally important to the non-lawyers who work in the information technology industry.   Therefore, I am introducing The SWIP Report’s “Non-lawyers” pages.  Here you will find basic information relating to protecting and transferring intellectual property related to software.  I have started with […]

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More on Google and Privacy

Google’s new privacy policy and terms of use are, as I have commented, scary stuff.  Two authors at Slate magazine, coming at the issue from the “open technology” perspective, recently explained why they agree that Google’s simplification of some sixty disparate policies into one is not so benign.  As the authors note, “while the new […]

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Google’s Dark Cloud

Even if your business does not use Google applications – even if you intend not to use Google applications – Google’s new privacy policy and terms of use could give Google scary rights to your content.  Any business with employees who may use Google (which is to say, any business) is at risk for: public […]

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