Idea-Expression Dichotomy Remains Key to Copyright Protection of New Technology

464285047Can you state the difference between an idea and the expression of that idea? Don’t worry if it doesn’t slip off your tongue. This distinction is one of the most difficult areas of copyright law but far from academic because copyright law doesn’t protect ideas, but it does protect expressions of ideas. And this distinction remains key to technology copyright cases. Continue reading

Should You Take on a Client Who’s Forming a Nonprofit?

147899188You get a call from a potential client who wants to set up a new nonprofit organization. Here are some questions to ask before you commit to the task. Continue reading

Free, Open-Source, and Possibly Risky

177229229Once an exception, the use of free and open-source software (FOSS) in commercial software products has become the rule. FOSS is particularly attractive to resource-strapped companies looking to avoid high software development costs or licensing fees, but even the biggies in the tech industry use FOSS. Despite its common use, FOSS carries risks and you need to do your due diligence.

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Employee Poaching

477986347Poaching employees from a rival company has risks. So does agreeing with your rivals not to poach employees from each other. Potential poachers beware… Continue reading

Illegal Contracts Are Enforceable. Sometimes.

464803599The following is a guest blog by Alan M. Goldberg of the Law Office of Alan Goldberg. Alan’s practice includes Appeals, Civil Trials, and Family Law. You can follow Alan on Twitter @AlanMGoldberg.

We learn in law school that illegal contracts aren’t enforceable. But that’s not precisely true. Some illegal contracts may be enforced, depending on the “realities of the situation.” Continue reading

Protecting Company Secrets: Checklist for Making a Plan

186300420If you represent businesses, you know how important it is to protect their trade secrets. A crucial part of that effort is developing and implementing a trade secret protection plan. Specific company needs may vary, and plans have to be crafted with those needs in mind, but some elements should be included in any trade secret protection plan. Continue reading

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