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Sale of Used Software Licenses in Germany
Once in a while, something known as 'new distribution forms' of software catch the attention of people in the tech market in Germany. But standard license agreements and provisions of German copyright law do not always match perfectly, and these discrepancies give rise to gaps and misunderstandings that courts must ultimately settle.
Accordingly, a couple of landmark decisions have come down from the Bundesgerichtshof ('German Federal Court') over the last few years. While the German Federal Court has refused to accept the once famous original equipment manufacturer ('OEM') clause that set forth restriction of stand-alone sale of software without hardware in 1999 (BGH, July 6, 2000, File Number I ZR 244/97 (OEM)), it has decided, on the other hand, that network licenses must be accepted as a permissible use of software licenses (BGH Oct. 24, 2002, File Number I ZR 3/00 (CPU)). Even though these license forms have been subject to Federal Court evaluation, other concepts to circumvent software-licensing restrictions have come up, and have yet to be decided.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?