Disablement of software risks and potential liabilities
Article Abstract:
Courts have been using the Computer Fraud and Abuse Act of 1986 (CFAA) with other federal laws in cases concerning computer viruses or sellers disabling software when the contractee defaults. There is legislation in process to address these issues directly through amendments to CFAA and a draft called the Computer Protection Act of 1989. Liability issues for disablement of software are being addressed in court because disablement includes either unlawful entry or a time bomb program. An issue with time bomb programs is user consent and knowledge of the program used for commercial disablement.
Publication Name: Software Law Journal
Subject: Law
ISSN: 0886-3628
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Copyright infringement of computer programs stored on ROM computer chips
Article Abstract:
Potential copyright infringers may be deemed to have acted willfully in copying read-only memory (ROM) programs despite having never actually seen the copyright notice imbedded in the code. Willful infringement, and its attendant heightened damages, can only be found when the infringing party is on notice as to the existence of the copyright. The notice is effective even if it is not visible on the surface of the chip, but case law is divided on whether constructive notice is sufficient to establish willful infringement.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Acquiring rights in software documentation and databases
Article Abstract:
Purchasers or licensees of software, databases or documentation must determine what their needs are before writing the contract to ensure they have all the necessary rights for that usage. Available rights include limited or perpetual terms, exclusive or nonexclusive usage, worldwide usage, that limited by law or to a specific field or unlimited usage. An analysis of the issues concerning purchase agreements and what rights are included is presented with defined terms and possible problem areas.
Publication Name: Software Law Journal
Subject: Law
ISSN: 0886-3628
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: An overview of ADA and its potential effects on workers' compensation law. part 2 Mental "stress" claims and workers' compensation: the problems and suggestions for change
- Abstracts: Privatization, political insurrection and corporate welfare. Moving people from welfare rolls to payrolls
- Abstracts: Statutory stoplights; automatic stays bring new balance to divorce actions. Tragedy is the mother of invention; Sept. 11 expected to bring surge of anti-terror patent applications
- Abstracts: The discretionary function exception under the Foreign Sovereign Immunities Act: when in America, do the Romans do as the Romans wish?
- Abstracts: Judicial devitalization of the WARN Act? Small break in the clouds: status of the WARN Act's sales exclusion