Mainly intellectual property (IP) issues Down Under

Computer Hacking and “property”

Downloading data from a computer system is not obtaining property

Software patents in the USA

Yesterday, the US Supreme Court heard oral arguments on the patentability of Alice Corporation’s payment system.

Alice corp

Software patents: US Supreme Court grants certiorari to determine patentability of Alice Corp’s computer related patent

Business method patents: Federal Court retreating?

Emmett J has dismissed Research Associates’ appeal from the Commissioner’s rejection of an attempt to patent a method for calculating an Index for using in financial investing. Claim 1 was for: A computer-implemented method for generating an index, the method including steps of: (a) accessing data relating to a plurality of assets; (b) processing the data thereby to identify a selection of the assets for inclusion in the index based.. Read More

Use of Software and those computer defences again

You’ll recall that SAG licensed its database software to RWWA. RWWA engaged KAZ to provide disaster recovery services and installed a copy of the software on KAZ’ off-site servers. Meckerracher J dismissed SAG’s claim that this was unlicensed and therefore infringement of its copyright. (link via my attempt to summarise here). The Full Court has substantially dismissed the appeal, but found the judge was wrong to the extent his Honour.. Read More

Pirated software at work

Over at Slashdot you will find some thoughtful (and practical) suggestions about what to do (from the in-house IT guy’s perspective) if you (or your client) finds pirated software at work – be warned, you have to scroll through the usual behind the shelter shed contributions. Lid dip: Marty

bing infringed BING!

The applicant had registered BING! for Class 9 Software for the legal profession and other industries and professions not limited in any way to a specific industry or commercial sector; Class 35 Distribution and sales of computer software. Class 42 Design of computer software; programming maintenance, upgrading and updating of computer software for the legal profession and other industries and professions not limited in any way to a specific industry.. Read More

Patenting software in the UK (Europe)

The UK Court of Appeal has apparently broadened the scope to patent computer software: Symbian Limited v. Comptroller General of Patents [2008] EWCA Civ 1066 Paul Cole guest posts at Patently-O. IPKat extensively here.