Disclaimer

This Blog/Web Site ("Blog") does not provide specific legal advice. It is for educational purposes only. Use of the Blog does not create any attorney-client relationship between you and Holland & Knight LLP or the author(s) of any posts. The Blog does not constitute legal advice and is not a substitute for competent legal advice from a licensed attorney in your state. Any links from another site to the Blog are beyond the control of Holland & Knight LLP and do not convey their approval, support or any relationship to any site or organization.

Find News & Knowledge

Digital Technology Blog Topics

FTC    Compliance

Privacy    CFAA    

Facebook   Mobile

Copyright

Digital Technology & E-Commerce Blog

Welcome to the Holland & Knight Digital Technology & E-Commerce Blog, featuring news, observations and analysis related to technology law.

Showing 1-20 of 107 results
Sort By:
 
Next
In today's business environment, many technology companies find themselves selling their products and services on a global basis. As evidenced by recent news regarding Google, Facebook and Uber that all of them are facing large fines for violating European data protection rules and regulations, companies may find themselves having to navigate local laws and negotiating with governmental authorities or customers outside of their home marketplace.
Read more »
March 29, 2019
|
The rest of 2019 will be a busy time for companies in the thriving ecosystem built on the collection, use, transfer, and storage of personal data. After years of repetitive debate in the U.S. over the need for balance between privacy and innovation, between protection and the free flow of data, the balance has tipped.
Read more »
February 21, 2019
|
Some U.S. tech companies could be approaching a crossroads. Opportunities are exploding for artificial intelligence (AI) business with the federal government, which is gearing up for a push into AI for military action and intelligence-gathering.
Read more »
February 5, 2019
|
Draft Ethics Guidelines for Trustworthy AI were floated in mid-December 2018 by the European Commission's "High-Level Expert Group on Artificial Intelligence" (AI HLEG). The document lays out the beginnings of a regulatory framework for "human-centric" and emphatically human-controlled artificial intelligence (AI).
Read more »
January 28, 2019
|
The ambiguity of termination provision of a software license is often disputed. Imprecise wording, including for hypothetical damages due upon breach often triggers expensive litigation centered on only a few words in a license.
Read more »
January 25, 2019
|
Warranty is among the most essential terms of a software license, as the provision often concerns the functionality and capability of the software. Many warranties are the subject of concerted negotiations, but often the parties revert to boilerplate.
Read more »
September 13, 2018
|
Often at issue in outsourcing agreements is whether the qualifications and experience of the outsourced consultants comport with the realities on the ground once the project begins. In a recent case, a service provider hired to implement a software reboot saw its project go awry when the customer alleged that the provider misrepresented, among other things, the capabilities of its outsourced employees.
Read more »
A treatise on "The Language of the Law" introduced its approach to contract law with the following maxim: "The law is a profession of words." Accordingly, one of a court's most frequent tasks is interpreting ambiguous contracts created by the use of ambiguous language in contracts; however, by the time a court is deciding the issue, costly litigation may have taken years. In a recent case, parties to a software development and license agreement confronted this unfortunate truth, and both left unsatisfied. See Apacheta Corp. v. Lincare, Inc., No. 16-2030, 2017 WL 5901085 (E.D. Pa. Nov. 30, 2017).
Read more »
Trade secret protection applies of course only to confidential information. Absent certain specialized exemptions, publicizing the intricate details and applications of a trade secret extinguishes whatever “property right” once possessed by the holder. A closer question is what constitutes sufficient notice to a user of the claimed trade secret protection of certain information? The Southern District of New York recently confronted this issue.
Read more »
February 28, 2018
|
On October 24, 2017, the Court of Appeals for the Fourth Circuit decided SAS Institute, Inc. v. World Programming Ltd., 874 F.3d 370. In this case, the parties disputed whether defendant/appellant breached a software license by accessing the software’s source code. Plaintiff/appellee alleged that by accessing the source code, and then incorporating certain functionalities into its own competing software, defendant had breached the license’s anti-reverse engineering provision.
Read more »
On Nov. 17, 2017, the United States Court of Appeals issued its decision in Original Appalachian Artworks, Inc. v. JAKKS. This case concerned the right of a licensor to execute a successor licensee while the relevant license remained in force.
Read more »
December 14, 2017
|
For businesses both large and small, cybersecurity threats continue to proliferate, to the point where being the victim of a cyberattack seems almost inevitable.
Read more »
The "Good Samaritan" (which is the statutory language used by Congress) provision of the Communications Decency Act of 1996 (CDA, codified at 47 U.S.C. § 230(c)(1)) shields social media platforms from liability related to certain types of third party content, including user-generated content.
Read more »
In 1999, the Uniform Law Commission promulgated the Uniform Electronic Transactions Act (UETA). The primary purpose of UETA is to equate the enforceability and validity of electronic signatures with handwritten signatures. The latest electronic signature case, litigated under Illinois's UETA equivalent, delves into whether the plaintiff's provision of username and password to a third party is a sufficient electronic signature so as to convey authorization to a third party to execute on the plaintiff's behalf an agreement requiring mandatory arbitration.
Read more »
The purview of federal preemption in the context of copyright law is broad. Among many other causes of action rooted in state common law or statutory liability, courts have found unfair competition, misappropriation, breach of contract and tortious interference claims to be wholly preempted by the Copyright Act. To circumvent dismissal on preemption grounds, a plaintiff must show an "extra element" that does not pertain to rights intrinsic to those protected by the Copyright Act. In a recent case in a federal court sitting in the Eleventh Circuit, a plaintiff attempted to plead around a pre-emption defense on grounds that the state has an interest in enforcing an alleged "wanton" indifference to abiding by a negotiated but not executed software license agreement.
Read more »
November 28, 2016
|
It is not breaking news that arbitration clauses are both increasingly favored and enforced, especially after the 2011 Supreme Court decision that held that the Federal Arbitration Act preempted a California state law that had prohibited contracts from barring class-wide arbitration. Unsurprisingly, this has led to an increase in commercial contracts which prohibit aggrieved consumers from circumventing mandatory arbitration clauses through bringing class action suits.
Read more »
May 11, 2016
|
It is uncontroversial to posit that most people sign far more contracts online than the time-honored method, ubiquitous during the pre-Internet era, of putting pen to paper.  Given the dissimilarities between signing a contract online, with its hyperlinks, scroll boxes and assent buttons, and in person with a Bic, a veritable flood of case law as to the legality of an online contract has arisen. 
Read more »
April 28, 2016
|
Despite predictions that paid apps would be mostly eliminated by 2016, 34 percent of users in five surveyed countries said they do upgrade from the free app to a paid version. In the case of the free remote login app LogMeInFree, and the paid versions offered by the same developer, the rights of the developer to migrate users from free to paid versions of the app has recently incited litigation in California.
Read more »
February 23, 2016
|
In an October federal court case in Illinois, a party counterclaiming against a Telephone Consumer Protection Act violation with a breach of a software license used a novel trick in that it attempted to prove that the instigation of Telephone Consumer Protection Act-related litigation thereafter waived any rights to arbitration that the instigating party may be afforded under a separate software license agreement. This unique case is the subject of this post.
Read more »
October 30, 2015
|
Agreeing to the terms of a privacy policy has become mandatory on many websites, but this does not seem to have increased anyone's desire to read them. These privacy policies are generally lengthy and couched in legalese, so many website users do not read them thoroughly or at all. However, some industrious users do take in the entirety of the policies. In addition, some even more motivated users have in recent years taken an additional step and begun to sue based on supposed violations of the policies.
Read more »
August 12, 2015
|
Next