Topic Archives: software

Oracle v. Google – or How a File Cabinet beat Harry Potter

The Oracle v. Google case, currently on appeal before the Court of Appeals for the Federal Circuit, will decide whether APIs (Application Programming Interfaces) are copyrightable subject matter under section 102(a) and 102(b) of the Copyright Act. But it is … Continue reading

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Will the New USPTO Administrative Proceedings Solve the Software Patent Problem?

Amidst current discussions on the “problem” posed by software patents, David Kappos, Director of the United States Patent and Trademark Office (USPTO), recently delivered a speech defending the existence of such patents. Kappos argued that innovations in the software industry are no … Continue reading

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Vernor v. Autodesk: Ninth Circuit test for distinguishing software owners from licensees

On Friday, the Ninth Circuit clarified its test for determining whether a software purchaser is a licensee or an owner of the purchased copy in Vernor v. Autodesk, Inc. The result affirms the ability of software publishers to restrain licensees’ … Continue reading

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