Intellectual Property

“Judge Chin said that while the digitisation of books and the creation of a universal digital library would benefit many, the revised settlement “would simply go too far”, permitting the online giant to implement a business arrangement “that would grant Google significant rights to exploit entire books, without permission of the copyright owners”. Chin urged […]

Timothy B. McCormack, attorney, shares some of the “trade secrets” of technology law and disputes: Another area of development that I have seen in the area of cloud computing is on-line storage. Backup of computer systems across a firm, even if the firm is a solo practitioner with one attorney and staff, has always been a problem. Computers fail. Data gets corrupted. While there are many safeguards that can be taken to help protect business data, the most obvious is an off-site backup of the data.

Timothy B. McCormack lawyer in technology and Seattle native with noteworthy international experience: The personal computer has made it easier for lawyers to type letters themselves, format pleadings, and even communicate via email. In other ways the personal computer has increased the modern lawyer’s efficiency. Our staff is more efficient, our research is faster and, literally, we need to get up from our desk less often. And this measure of productivity is inversely proportional: the more we integrate technology into our practices, the less often we are required to get up from our desks. Beware: surfing the web does not count!

Timothy B. McCormack, attorney, shares some of the “trade secrets” technology for lawyers

Timothy B. McCormack, attorney for software in Seattle, discusses software issues: Consequently, to the extent the competing programmer can demonstrate that aspects of the original interface are functionally optimal, and that there are few ways to devise alternative interface elements that will perform the function equally well, reproduction of those original interface elements by a competing program will not infringe. (It must be borne in mind that the copyright in the interface is distinct from the copyright in the program. A competitor who invokes this exception pertaining to the interface must still develop the program generating the interface in a legal manner.)


January 26, 2011

Timothy B. McCormack, attorney at law, discusses what you should note copy: Both a computer program’s source code and object code are protected under copyright law. Thus, one should not copy code from one disk to another (i.e., make unauthorized copies unless such copying is for authorized back-up use), or view a program’s code and retype it into one’s own program without authorization. Computer applications such as a word processing program are subject to copyright law. Likewise, computer operating systems such as WINDOWS® are also subject to copyright laws.

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COPYRIGHT INFRINGEMENT: Proving Copyright Infringement for a Computer Program’s Non-Literal Elements

January 12, 2011

Timothy B. McCormack, attorney at law and intellectual property litigation lawyer discusses: Because a computer program often represents a complex mixture of protectable and unprotectable elements, a particular test known as the abstraction-filtration-comparison test has been developed to assist judges with copyright infringement for non-literal elements of a computer program such as the program’s “structure, sequence and organization.” (33) The abstraction-filtration-comparison test entails a three-step analysis

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Trade Secret Disputes

April 27, 2010

I. Introduction Trade secrets law is concerned with the protection of technological and commercial information not generally known in the trade against unauthorized commercial use by others. The policy basis for trade secret protection is the desire to encourage research and development by providing protection to the originator of business information, and to maintain proper […]

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Trade Secret Audits

April 21, 2010

Depending on the type of business involved, a business should decide what types of information should be protected as trade secrets. Once this decision has been made, the relevant information must be located within the business. This audit is a helpful step in the process of identifying trade secrets. One author{1} indicates, “another technique for […]

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