GEICO Earns Victory at Intersection Between Copyright and Trade Secret Law Covering Source Code

28 03 2020

LexBlog
Robert B. Kornweiss, Raija Horstman & Mark A. Klapow
March 27, 2020

A recent decision by the Federal District Court for the Eastern District of New York reinforces that owners of trade secret computer programs should carefully approach copyright registration in order to maintain both copyright and trade secret protection. This includes being conscious of copyright regulations allowing the partial and redacted registration of computer code with the Copyright Office.

In a recent manifestation of this principle, Capricorn Management Systems accused GEICO of misappropriating Capricorn’s trade secret source code for medical billing software. Last week, the court granted GEICO’s motion for summary judgment, holding that the code was not entitled to trade secret protection, in part because it was registered, unredacted, with the U.S. Copyright Office, and was therefore publicly available.

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The content in this post was found at https://www.lexblog.com/2020/03/27/geico-earns-victory-at-intersection-between-copyright-and-trade-secret-law-covering-source-code/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Top Internet Law Developments of 2019

27 03 2020

Technology & Marketing Law Blog
Eric Goldman
Jan. 7, 2020

It’s increasingly hard to find good news in Internet law, so I organized this year’s Internet Law roundup by categories of doom. Trigger warning: you should grab some tissues before proceeding.

Doomed (in a Bad Way)

Doomed: User-Generated Content.

Doomed: Print-on-Demand Services.

Doomed: Online Marketplaces.

Doomed: Internet Access Providers.

Doomed: Cybersecurity.

Doomed: Sex Workers and Sex Trafficking Victims.

Doomed: the CCPA. 

Doomed (in a not-terrible sense)

Doomed: “Must-Carry” Obligations for Publishers Who Aren’t State Actors. 

Doomed: the Roommates.com Section 230 Exception.

Doomed: Cases Against Social Media Services for Terrorist Content.

Doomed: the Liebowitz Copyright Litigation Machine.

Doomed: Politicians Banning Constituents on Social Media. T

Other

Online Political Content and Ads.

hiQ v. LinkedIn.

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The content in this post was found at https://blog.ericgoldman.org/archives/2020/01/top-internet-law-developments-of-2019.htm Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Trade Secrets Review: Key 2019 Decisions and Trends (Part I)

27 03 2020
IP Watchdog
Peter J. Toren
January 21, 2020
In general, a trade secret is any information used in business if the owner has taken reasonable measures to keep such information secret, and the information derives independent economic value, from not being generally known to, and not being readily ascertainable through proper means by the public. Almost every state has adopted some form of the Uniform Trade Secrets Act. In addition, with the enactment of the Defend Trade Secrets Act of 2016 (DTSA), trade secrets are also protected under civil and criminal federal law. See 18 U.S.C. § 1831, et seq. Due to the enactment of this Act and the weakening of patent protection in the United States, trade secrets are becoming an increasingly important means for companies to protect their intellectual property. This article provides a summary of important 2019 trade secret decisions and trends.
The content in this post was found at https://www.ipwatchdog.com/2020/01/21/trade-secrets-review-key-2019-decisions-and-trends-part-i/id=118018/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Review of Key 2019 Trade Secret Decisions and Trends (Part II)

26 03 2020
IP Watchdog
Peter J. Toren
January 26, 2020
Part I of this series covered (1) Food Marketing Institute v. Argus Leader Media, 139  S.Ct. 2356 (2020) in which the Supreme Court held that commercial or financial information that is customarily and actually treated as private by its owner and provided to the government under an assurance of privacy is “confidential” under exemption 4 to the Freedom of Information Act and is therefore shielded from disclosure; (2) trade secret cases dismissed on the statute of limitations; (3) improper acts for unclean hands doctrine must be related to the misappropriation claim; (4) the Department of Justice’s continued and increasing focus on theft of trade secrets involving a Chinese connection; and (5) award of “head start” damages. In Part II, we will look at some additional important 2019 trade secret decisions and trends.
The content in this post was found at https://www.ipwatchdog.com/2020/01/26/review-of-key-2019-trade-secret-decisions-and-trends-part-ii/id=118215/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Federal Court Rules Trade Secret Damages Can Extend beyond the U.S. border

23 03 2020

LexBlog
Thomas Hubert & Jacob Pritt
March 18, 2020

In a high-profile trade secret case, a federal court in Chicago ruled that the federal Defend Trade Secrets Act (DTSA) extends beyond the U.S. and covers actions and damages that occur in other countries.

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The content in this post was found at https://www.lexblog.com/2020/03/18/federal-court-rules-trade-secret-damages-can-extend-beyond-the-u-s-border/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Former Google engineer pleads guilty to stealing confidential document

21 03 2020

Anthony Levandowski, the man at the center of Google’s epic legal battle with Uber over trade secrets, has agreed to plead guilty to stealing a single confidential document from Google. The guilty plea is likely to lead to a prison sentence of between two and two-and-a-half years.

Levandowski, a gifted engineer, was one of the early stars of Google’s self-driving car project. In 2015, he decided to leave Google to start his own self-driving car startup. According to the plea deal, on his way out the door, Levandowski downloaded thousands of confidential Google documents and transferred them to his personal laptop. Uber acquired the startup a few months later in a deal worth hundreds of millions of dollars.

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The content in this post was found at https://arstechnica.com/tech-policy/2020/03/former-google-engineer-pleads-guilty-to-stealing-confidential-document/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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The Dark Side of Secrecy: What Theranos Can Teach Us About Trade Secrets, Regulation and Innovation

30 09 2019
James Pooley
IP Watchdog
Sept. 25, 2019
The spectacular failure of blood-testing firm Theranos is the subject of a riveting book, Bad Blood by investigative reporter John Carreyrou, and an engaging documentary, “The Inventor” on HBO, focusing on Elizabeth Holmes, the once-celebrated wunderkind who dropped out of Stanford at age 19 to “change the world” with a device that would perform hundreds of diagnostic tests with a few drops of blood from a finger stick. . . But even the Theranos story doesn’t mean that trade secret law is inherently dangerous. Consider Apple, one of the world’s most secretive companies. (Holmes famously modeled her clothing and business habits after Steve Jobs.) Apple has consistently used NDAs and secrecy management to protect products under development, to great effect when they are ultimately unveiled, all without touting non-existent technology. And it’s easy to imagine how Theranos might never have happened if investors and business partners had been less credulous and more insistent to understand the technology.
The content in this post was found at https://www.ipwatchdog.com/2019/09/25/dark-side-secrecy-theranos-can-teach-us-trade-secrets-regulation-innovation/id=113907/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Nintendo Attempts To Bottle The Leak Genie With Copyright Strikes

12 07 2019

Timothy Geigner
Tech Dirt
Dec. 6, 2018

Well, as you may have heard, Nintendo suffered its own high-profile leak recently, with the forthcoming Super Smash Bros. Ultimate finding its way onto the internet before the game has even been released. As you would expect, Nintendo got its lawyers busy firing off DMCA notices for all kinds of sites that were hosting the actual game that leaked. It also, however, decided to issue copyright strikes on YouTubers who showed any of the games content.

The YouTuber named Crunchii has been uploading new remixes from Super Smash Bros. Ultimate to his channel over the past few days, which has drawn the ire of Nintendo. Crunchii’s channel has been hit with copyright strikes from Nintendo of America, which has caused him to be locked out of his account and will result in its termination over the next few weeks.

There is also a YouTuber named Dystifyzer, who also posted songs from Super Smash Bros. Ultimate’s soundtrack. He too has been hit with numerous copyright strikes from Nintendo and is expecting his YouTube channel to be gone by next week.

This is stupid on so, so many levels. First, combating leaks with copyright notices rarely works at all, never mind well. Once the bell has been rung on the internet, it’s nearly impossible to fully unring it. On top of that, going after YouTubers that are simply showing off the leaked product really only makes a ton of sense if you don’t have a ton of confidence in the quality of that product. If you believe the product is awesome, you should want it shown off, even prior to release. Hell, maybe especially just prior to release, as a way to hype the game even further and push more sales.

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The content in this post was found at https://www.techdirt.com/articles/20181128/10221041122/nintendo-attempts-to-bottle-leak-genie-with-copyright-strikes.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Secrets of Social Media: Who owns social media accounts?

11 07 2019

James Pooley
IP Watchdog
November 12, 2018

Andy Bitter, a former sports journalist covering the travails and triumphs of the Virginia Tech football team, was sued last month by his former employer, a local newspaper, for trade secret theft. According to the plaintiff Roanoke Times he was obligated by the company’s employee handbook to turn over all company property, and this necessarily included the Twitter account he had used to stay in touch with his 17,000+ followers… In spite of the mess it created, the Roanoke Times has reminded us of some important questions for industry in the information age. Who owns social media accounts? What role do they play in building competitive advantage? And how should companies manage their use?

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The content in this post was found at https://www.ipwatchdog.com/2018/11/12/secrets-social-media-accounts/id=103135/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Whistleblower Wants to Blow Off NDA

10 10 2018

 

Dear Rich: An IP property blog

Oct 9, 2018

Dear Rich: Does an NDA (nondisclosure agreement) prevent me from reporting illegal activity at work?
A whistleblower — an employee who has a reasonable belief that an employer is violating the law and who reports the violation — is often protected from retaliation by a patchwork of whistleblower laws. . .

For all these reasons, and because of the risks involved in whistleblowing, an attorney’s advice is essential.

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The content in this post was found at https://dearrichblog.blogspot.com/2018/10/whistleblower-wants-to-blow-off-nda.html Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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