Software « Matthew Arnold & Baldwin LLP | Giving you a lot more than just law…|MAB

Latest input tagged Software

It’s game over at level 1 for Nintendo DS mod chip importer – Nintendo v Playables and Chan, High Court

11 August 2010 | Mark Weston

Nintendo has obtained summary judgment in its claim against the importer of a mod chip product that circumvented Nintendo’s technological copy-protection measures intended to stop unlawful copies of...

Tags on this discussion: copyright copyright infringement effective technological measure ETM hardware High Court infringement Intellectual property intellectual property rights IP IT mod chip pirated Software summary judgment TPM

IBM becomes latest IT giant to be investigated by European Commission over possible competition law issues

11 August 2010 | Paul Gershlick

The European Commission is investigating whether IBM has abused its dominant position contrary to Article 102 of the Treaty of the Functioning of the European Union (formerly Article 82 of the EC Treaty)....

Tags on this discussion: abuse of dominant position anti-competition anti-competitive anti-trust Article 102 Article 82 competition competition law EC Treaty European Commission European Union hardware illegal IT Software TFEU Treaty on the Functioning of the European Union tying unlawful

High Court asks European Court to answer whether copying software programming language, interfaces and functionality infringes copyright – SAS v WPL, High Court

10 August 2010 | Mark Weston

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: CJEU copyright copyright infringement Court of Justice of the European Union easyJet ECJ European Court of Justice functionality High Court infringement Intellectual property intellectual property rights IP language look and feel Mazooma Navitaire Nova Software source code

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

14 May 2010 | Mark Weston

Red Sky supplied booking and billing software to a busy hotel, Kingsway Hall. ‘Entirety’ was a standard system, but Kingsway soon had trouble with it. The system failed to show room availability, group...

Tags on this discussion: breach breach of contract contract contract law contracts damages exclusion of liability fit for purpose IT limitation on liability loss of goodwill loss of profits reasonable reasonableness sale of goods sale of goods act satisfactory quality Software supply of goods and services act term termination Terms & conditions UCTA unenforceable unfair contract terms act warranty

‘Perpetual’ can have different meanings but depending on the context perpetual agreements may be terminated – BMS Computer Solutions v AB Agri, High Court

24 March 2010 | Paul Gershlick

BMS had entered into two agreements with a licensee of its software – one for the licence and the other was a support and maintenance agreement. The licence agreement was for 10 years but subject to...

Tags on this discussion: IT agreement licence novation perpetual Software support and maintenance termination variation

Government promises G-Cloud so public sector can share applications

29 January 2010 | Mark Weston

The Government has announced that it plans to create the ‘G-Cloud’ - a cloud of software applications for the public sector to use. The aim is to save £3 billion a year so that central government,...

Tags on this discussion: G-Cloud interoperability Software

Microsoft forced to change Word and Office in US in response to patent infringement ruling

12 January 2010 | Paul Gershlick

Microsoft has been forced to pull some of its versions of Word and Office from sale in the US, after a US court had ruled that its software applications had infringed i4i’s patents. Microsoft was also...

Tags on this discussion: Intellectual property intellectual property rights Patents Software

Protection for Amazon’s Kindle hacked

4 January 2010 | Mark Weston

The digital rights management software for Amazon’s Kindle has been hacked. Kindle is a platform developed by Amazon for displaying e-books. The hack attack means that e-books stored on the reader can...

Tags on this discussion: copyright P2P Software software piracy

My IT predictions for 2010

17 December 2009 | Paul Gershlick

Here are my predictions for 2010, as quoted by the Society for Computers & Law: "Last year, I predicted that IT projects would take a battering unless they could be financially justified by reducing...

Tags on this discussion: data protection DPA IT project licence misuse of data Software

Software case highlights need to deal expressly with copyright ownership in contract if commissioner wants to own it – ICEL v Virrage, High Court

15 December 2009 | Mark Weston

ICEL and Virrage entered into an agreement regarding the development of infection control software for hospitals. One of Virrage’s directors had also been a director with LIS, a company that had not...

Tags on this discussion: assignment commission copyright infringement Software Virrage

Latest input tagged Software

It’s game over at level 1 for Nintendo DS mod chip importer – Nintendo v Playables and Chan, High Court

IBM becomes latest IT giant to be investigated by European Commission over possible competition law issues

High Court asks European Court to answer whether copying software programming language, interfaces and functionality infringes copyright – SAS v WPL, High Court

Software contract clause limiting warranty to operating documents that had not been provided was unreasonable – Kingsway Hall v Red Sky, High Court

‘Perpetual’ can have different meanings but depending on the context perpetual agreements may be terminated – BMS Computer Solutions v AB Agri, High Court

Government promises G-Cloud so public sector can share applications

Microsoft forced to change Word and Office in US in response to patent infringement ruling

Protection for Amazon’s Kindle hacked

My IT predictions for 2010

Software case highlights need to deal expressly with copyright ownership in contract if commissioner wants to own it – ICEL v Virrage, High Court

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