Sector

Software

Our team’s wide-ranging expertise covers IT, Internet, e-commerce, and online services law. This includes hardware and software issues (development, licensing, support & maintenance, software-as-a-service and reseller); solutions for and methods of transacting on the Internet; situations involving B2B, B2C and public procurement; implementing liability control strategies; compliance audits; outsourcing advice and all aspects of the implementation of company IT policies.

Key team contact

Paul Gershlick
01923 208816
paul.gershlick@mablaw.com

Latest news and views about Software

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Microsoft sues Comet over reproduction of back-up copies of software for users

11 January 2012 | Paul Gershlick

Microsoft is suing Comet for alleged copyright infringement over what the software giant claims is nearly 100,000 counterfeit copies of Windows Vista and Windows XP recovery CDs. It has alleged that Comet...

Tags on this discussion: back-up back-up copy CDPA copyright Copyright Designs and Patents Act 1998 Copyright Directive copyright infringement copyright owner copyright owners counterfeit counterfeit goods EU law European Union law ifringement infringe intellectual property rights intellectual property rights infringement IP rights IPR IPR infringement lawful use Software software piracy

European Court advisor in SAS v WPL case says functions of software program can be copied but not the underlying code

5 January 2012 | Paul Gershlick

SAS had developed analytical software called the SAS System over a number of years and was a giant in the market for software that enabled users to carry out analysis of data. One key element was its own...

Tags on this discussion: advocate general CJEU copyright copyright infringement Court of Justice of European Union Court of Justice of the European Union ECJ EU Europe European Court of Justice European Union functionality infringe Intellectual property intellectual property rights IP IP infringement IPR IPR infringement Software source code

Importance of exit and transition provisions considered by TCC – Astrazeneca v IBM, Technology and Construction Court

22 December 2011 | Simon Weinberg

Astrazeneca and IBM entered into an outsourcing agreement for IBM to provide various IT services. The agreement contained a number of exit provisions, including an “exit plan” that would allow Astrazeneca...

Tags on this discussion: astrazeneca exit obligations exit plan exit provisions hardware IBM IT contract IT services maintenance services outsource outsourcing outsourcing agreement pharma pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector service provider services agreement Software support and maintenance support services TCC Technology and Construction Court transition transitional transitional services Upload-Pharma

Atos to provide service that will enable comparison of data across GP practices in England – but privacy campaigners complain again

21 December 2011 | Paul Gershlick

Atos has been engaged to provide an £8m service through a computer system so as to extract data about patients from GPs’ surgeries and enable comparable extractions across the NHS. The Department of...

Tags on this discussion: data data controller data protection data protection act Data Provider data security data subject GP IT misuse of data NHS personal data pharma pharmaceutical pharmaceutical industry pharmaceutical market pharmaceutical sector privacy sensitive personal data Software

Database right confirmed in table of data that was infringed by the Police – Forensic Telecommunications Services Ltd v West Yorkshire Police & Another, High Court

25 November 2011 | Simon Weinberg

Forensic Telecommunications Services Ltd (FTS) operated a business that recovered digital evidence from mobile phones for criminal investigations, for which it needed to know a mobile phone’s permanent...

Tags on this discussion: breach of confidentiality confidential information confidentiality copyright Copyright Designs and Patents Act 1988 copyright infringement copyright protection criminal data database database right database right infringement digital evidence forensic High Court infringement Intellectual property intellectual property rights IP IP infringement mobile mobile phone mobile phones permanent absolute memory address PM Absolute police Software

Another appeal against exclusion from patentability allowed by the High Court – Re Protecting Kids the World Over Ltd, High Court

14 November 2011 | Mark Weston

Following the decision of the High Court in Halliburton, the High Court has now allowed an appeal against the decision of an Intellectual Property Office (IPO) hearing officer that had prevented the registration...

Tags on this discussion: Computer computer system Halliburton hearing officer High Court Intellectual property Intellectual Property Office intellectual property rights Internet IP IPO IPO hearing officer Online online content patent patent application patent infringement patent law patent registration patentability patentability exclusion patentable patented Patents registered patent registered patents web web site web sites Website website content websites

Patent application allowed after rejection for mental act

13 November 2011 | Mark Weston

Hewlett-Packard applied to register a patent for a computer implemented method of selecting an image to insert into an electronic document. An Intellectual Property Office examiner initially rejected the...

Tags on this discussion: Halliburton Hewlett-Packard High Court Intellectual property Intellectual Property Office intellectual property rights IP IPO IPO examiner IPR mental act patent patent application patent registration patentability patentable patented Patents registered patent registered patents

Oracle still wins copyright infringement case against SAP but award reduced on appeal from being largest ever

16 September 2011 | Simon Weinberg

A US appeals court has upheld Oracle’s court victory against SAP for copyright infringement, but the damages award has been reduced. Last year, Oracle had been awarded damages of US$1.3bn after successfully...

Tags on this discussion: copyright copyright holder copyright holders copyright infringement copyright law copyright licence copyright owner copyright owners illegal infringe infringement Intellectual property intellectual property rights IP IT Software software industry software licence software licence infringement software piracy software supplier software system software theft unauthorised unauthorised use unlawful unlicensed software unlicensed software use

Apple in another patent dispute, this time with HTC

20 July 2011 | Mark Weston

Apple has filed a complaint with the US’s International Trade Commission against HTC, its fellow phone and tablet PC manufacturer, for the alleged infringement of patents by unspecified HTC devices....

Tags on this discussion: Apple HTC illegal infringement Intellectual property intellectual property rights Internation Trade Commission IP iPad iPhone iPod ITC mobile phone patent patent infringement Patents phone tablet tablet computer tablet PC technology technology patent unauthorised unlawful

Business Software Alliance tightens grip on unlicensed software users

5 July 2011 | Mark Weston

The Business Software Alliance (BSA), the trade organisation for the software industry, is focusing on the North of England in an attempt to reduce intellectual property infringement by unlicensed software...

Tags on this discussion: BSA Business Software Alliance copyright copyright infringement illegal infringement Intellectual property intellectual property rights IP licence infringement Software software industry software licence software licence infringement trade organisation unauthorised unlawful unlicensed software unlicensed software use

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