Latest Articles

10/12/2011 10:48:54 PMAttachmate Customers Should Prepare for Audit Demands

Businesses deploying software published by Attachmate Corporation should strongly consider making an effort now to review their license-compliance status. Attachmate is a major player in markets for various IT-infrastructure software solutions, and it has demonstrated its willingness to pursue...

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10/12/2011 10:47:51 PMFederal Judge Upholds USPTO's Suspension of Lawyer

The United States District Court for the District of Columbia affirmed on January 4 the U.S. Patent and Trademark Office's five-year suspension of an attorney. The USPTO excluded attorney John Halvonik of Rockville, Maryland from practicing before the USPTO for...

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10/12/2011 10:47:10 PMResponding to Autodesk Audits

The BSA and SIIA are not the only organizations pursuing business for software copyright infringement. Though it is a member of both the BSA and SIIA, Autodesk, which manufactures the popular design software AutoCAD, often pursues audit targets on...

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10/12/2011 10:46:13 PMAutodesk Audit: The Importance of Serial Numbers

In many software audits, the auditing entity like the Business Software Alliance or the Software & Information Industry Association requires a dated proof of purchase to demonstrate when a license for a software product was acquired. However, in audits...

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10/12/2011 10:40:33 PMThe Risks of IBM Sub-Capacity Licensing

I am an intellectual property attorney specializing in defending end-users in software audit matters including those initiated by IBM.  We get hired by targets of IBM audits to facilitate the flow of information and protect the client's interest in...

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10/12/2011 10:39:39 PMBrasher's Idaho Auto Auction

Brasher's Idaho Auto Auction vs. SIIA, et al. In Brasher's Idaho Auto Auction vs. Software & Information Industry Association, Adobe Systems, Corel, McAfee, Symantec, Idaho Auto Auction, ADP, and Robert William Gillespie filed in U.S. District court for the District...

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10/12/2011 10:38:43 PMWho Gets Sued for Software Compliance Violations?

A recent Northern District of Idaho case should shed some light on how to apportion legal liability for copyright infringement damages related to business software usage. In Brasher's vs. The Software & Information Industry Association, Adobe, Corel, McAfee, Symantec, Idaho...

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10/12/2011 10:37:33 PMIntel and Nvidia Resolve Patent Dispute With License Agreement

A patent infringement battle between Intel and Nvidia started in 2009 when the chip maker sued Nvidia regarding a chipset license agreement between the two companies that allegedly was not valid for Intel's then-current and future generation CPUs with integrated...

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10/12/2011 10:26:00 PMWorking On A License Agreement? Don't Skimp On The License.

If you are working on a license agreement, don't forget to carefully define what is and is not included within the scope of the license.  "Scope creep" has the potential to contaminate the parties' understanding of what the license includes...

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