Software Litigation
Is a Company Liable for Software Defects, when a Vulnerability is Discovered but Not Exploited? A Recent Cisco Settlement Suggests Liability May Be Assessed
If you are in the software business, you likely recognize that you can be sued for materially breaching contracts, infringing third party IP, and data breaches but you may not realize the extent of your liability just for making the sale of a software product deemed to contain a security flaw in the first place,…
Read MoreCan Your Company Be Sued Over a Software Update? Tesla Suit Signals New Trend in Class Action Suits
When your company releases its next software update, you may want to consider the potential legal implications of the release. There seems to be a new trend in class action litigation: suits over software updates. As Reuters first reported, an owner of a Tesla vehicle has filed a lawsuit against Tesla, Inc. claiming that a…
Read MoreSupreme Court Rules Against Apple in Antitrust Case to Determine if App Store is Monopoly
The Supreme Court has ruled against Apple in an antitrust case claiming that the App store has created a monopoly over the sale of apps and has used the monopoly to charge consumers higher than the majority price. Justice Kavanaugh delivered the opinion of the Court that the plaintiffs are not barred from suing Apple…
Read MoreCalifornia Supreme Court Strikes Blow to Software Industry Reliance on Gig Workers
If your software company is relying on so-called “Gig workers” to provide a service managed by your app and software platform, then you need to know about a California Supreme Court ruling just issued this week, which is likely to severely limit your ability to rely on the “Gig worker” model going forward in the…
Read MoreRecent Software Class Actions Provide Valuable Lesson on Why SaaS Contracts Should Be Drafted to Fit Company’s Business Model
When SaaS companies and start-ups first contact me, they are often doing so with the idea that there are a few really well SaaS template contracts circulating in the SaaS industry and they seeking the” right” attorney to provide that industry-standard template to them. Alternatively, they contact me telling me that they’ve already put together…
Read MoreUS Navy Responds to Copyright Infringement Suit Filed by Bitmanagement Software
Bitmanagement Software GmbH recently filed suit against the US Navy, alleging willful copyright infringement of its 3D virtual reality software “BS Contact Geo” and demanding $600 million in damages. A copy of the complaint has been posted by Business Insider at the attached link. Bitmanagement’s complaint alleges that the software license agreement entered into with the…
Read MoreShould Your Software Company Be Concerned about Product ADA Compliance?
If your software company leases office spaces, then you may have some familiarity with the legal issues involving whether or not the space is compliant with the Americans with Disabilities Act (the “ADA”), but have you ever considered whether your software product itself is ADA compliant? If the answer is no, then it may be…
Read MoreMicrosoft Launches New Constitutional Challenge Against Government Over Secret Data Requests
Microsoft has just opened a new chapter in the software industry’s pushback against alleged federal government overreach by filing a constitutional challenge over indefinite government gag orders when the government subpoenas information from customer cloud accounts. Microsoft’s complaint alleges that the orders violate First Amendment free speech rights and Fourth Amendment rights regarding unreasonable government…
Read MoreThird Party Hacks San Bernardino Terrorist iPhone, Ending Standoff Between Apple and FBI
The U.S. Justice Department announced yesterday that the third party who came forward and convinced the FBI that it could unlock the San Bernardino terrorist’s encrypted iPhone successfully unlocked the encrypted iPhone, ending the standoff between Apple and the FBI. The government informed the court in its filing yesterday that it had successfully retrieved the…
Read MoreGovernment Backtracks in Dispute Against Apple Over Unlocking Terrorist iPhone
The government has asked to postpone its scheduled hearing against Apple tomorrow, according to breaking news reports by Fox News and the Associated Press as well as The New York Times. It is reported that “an outside party” has identified to the FBI a possible method to unlock the iPhone used by one of the…
Read MoreWho will Ultimately Win in the FBI’s Standoff with the Software Industry?
The Justice Department set off a huge public debate earlier this year when it sought court intervention to force Apple to assist law enforcement in unlocking an iPhone that belonged to one of the San Bernardino terrorists, and the issue is of particular interest to members of the software industry here in Silicon Valley, where…
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