Seventh Circuit Court of Appeals Issues Ruling Which Affirms Rights in an Exclusive License to Joint Intellectual Property
I just spent about five hours on the phone with multiple clients over the last few weeks explaining to them the ins and outs of exclusively licensing joint intellectual property, so I was pleased to see the decision of the Seventh Circuit Court of Appeals in the Wisconsin Alumni Research Foundation v. Xenon Pharmaceuticals, Appeal [...]
Series on ALI Software Contract Principles: Clarify Rules on Implied and Express Warranties in Software Contracts
We continue today with our series on the new American Law Institute Principles of the Law of Software Contracts with a discussion of what software companies need to know about the Principles’ treatment of warranties.
Again, for any of you who have not read our earlier postings on this subject, the importance of the [...]
Electronic Frontier Foundation Launches New Site to Track Modifications to Online Terms and Conditions
The Electronic Frontier Foundation (”EFF”) has just launched a new website to track companies’ modifications to their terms and conditions: TOSback.org.
According to an explanation on the website, TOSbackup.org was launched with the intention of increasing public awareness about online terms of service, and to help the public monitor changes to the terms of service for [...]
Associated Press Interview Offers Some Insight on its Plans to Police Blogosphere
As the Silicon Valley IP Licensing Blog has been reporting, the Associated Press has already initiated an effort to impose its view of what constitutes fair use on the blogosphere. However, I came across today an interesting interview by Ars Technica, which offers some insight on how the Associated Press plans to go about [...]
Series on ALI Software Contract Principles: Changes Default Rule from Implied Warranty to Implied Indemnification Against Infringement
As we posted yesterday, the American Law Institute has just approved its Principles of the Law of Software Contracts. As promised, we are launching today the first in a series of postings on the new Principles to educate our blog readers in the software industry on the practical implications of these Principles.
If [...]
American Law Institute Approves Principles of the Law of Software Contracts
The American Law Institute (”ALI”) recently approved at its 86th Annual Meeting the proposed final draft of the Principles of the Law of Software Contracts.
For those blog readers who are not familiar with the ALI, this is a legal professional organization, which is known for publishing authoritative restatements of the law. It is [...]
Blogosphere Reacts to Licensing Terms for Amazon’s New Kindle Publishing for Blogs
Amazon has just released the beta of its new Kindle Publishing for Blogs, and the blogosphere is starting to react to Amazon’s new licensing terms in its terms and conditions.
What are bloggers saying? Well, the early consensus seems to be that while the concept of blog content licensing to Kindle is good, the required [...]
Collaborating Can Create Legal Headaches if the Appropriate IP Agreements Are Not in Place
If you run a small business, you have probably given some thought over this recession to how you might be able to collaborate with other businesses to generate some additional revenue for your business. I know that this is definitely something that I have been thinking about for my practice, and it is something [...]
Anticipating Likely Copyright Battle, Amazon Backs Down Over Kindle 2 Audio Feature
Anticipating a likely copyright battle over its new Kindle 2 audio feature, Amazon has backed down on its previous position and announced that publishers and authors will be able to decide whether to enable the feature.
The Author’s Guild first signaled that a fight was brewing when it issued a February 12th alert over the Kindle [...]
Facebook Adopts Townhall Format to Allow Users to Comment and Vote on New Statement of Rights and Responsibilities
Reversing its course again for the third time in less than a month, Facebook has proposed another new set of terms and conditions and is adopting a townhall format to allow users to comment and even vote on the new changes.
CEO Mark Zuckerburg explained the new changes at the Facebook Blog as follows:
We sat down [...]