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Emerging Technologies BLOG

High-tech entrepreneurs and the emerging technology companies they launch are the engines of innovation and progress in today’s highly competitive global technology market.  To reach the top requires careful navigation of the complex issues surrounding capital raising, intellectual property protection, and the structuring and execution of vital commercial arrangements.  Enter Brown Rudnick’s Emerging Technologies and Venture Capital practice group, lawyers fiercely committed to helping entrepreneurs excel.  This blog aims to provide timely, informative analysis of the legal and business issues facing emerging technology companies and their founders and financiers.  We hope this blog proves to be just another example of the many ways Brown Rudnick supports the entrepreneurial community.

The views expressed herein are solely the views of the author(s) and do not represent the views of parties represented by the blogger(s) or the views of Brown Rudnick LLP or parties it represents.

RECENT ENTRIES

Does Android Infringe Oracle’s Copyrights In The Java Platform? What The Jury Will – And Won’t – Decide

Posted on Tuesday, May 1, 2012

BY Edward J. Naughton

It’s now up to a jury in San Francisco to determine whether Google’s Android mobile platform infringes Oracle’s copyrights in the code and documentation for the Java Platform.  Or is it?

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Mayo v. Prometheus: A Facile, and Flawed, Approach to Patent Eligibility

Posted on Wednesday, Apr 4, 2012

BY Edward J. Naughton

A few weeks ago, the Supreme Court issued a decision in Mayo Collaborative Services v. Prometheus Laboratories that promises to significantly disrupt well-established (and investment-backed) expectations in the biotech industry.

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Misusing The Defense Of Copyright Misuse

Posted on Tuesday, Mar 6, 2012

BY Edward J. Naughton

Over on Groklaw, a recent post suggested that the copyright claims in Oracle v. Google might give rise to a defense of copyright misuse.   The copyright issues in that case have been fascinating from the start:  Google has argued, for instance, that software APIs are per se uncopyrightable.   Judge Alsup rejected this argument, but I expect that we’ll hear more about it before the case is over.

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GPL Enforcement: Is Copyleft A Force For Good?

Posted on Tuesday, Feb 14, 2012

BY Edward J. Naughton

The debate over GPL enforcement continues, with the two leading GPL enforcers lashing back at the “anti-copyleft” forces.

A few weeks ago, Rob Landley sparked a firestorm of controversy within the FOSS community when he criticized the GPL enforcement campaigns conducted by the Software Freedom Law Center (SFLC) and Software Freedom Conservancy (SFC).

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HP Releases Source Code For The Accidental Android TouchPad: Do GPL Obligations Arise Even From Unauthorized Distributions?

Posted on Friday, Feb 10, 2012

BY Edward J. Naughton

Back in the fall I wrote about the flap over the HP TouchPad tablets that were shipped with Android 2.2, or FroYo, installed.  The TouchPad was a WebOS-powered tablet, but somehow at least a few units had Android installed.  Most thought that these were test units that were never meant to be sold.

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Is BusyBox Too Dangerous To Use?

Posted on Friday, Feb 3, 2012

BY Edward J. Naughton

Rob Landley thinks so.  One of the principal developers of BusyBox, Landley was a lead plaintiff in some of the enforcement actions brought by the Software Freedom Law Center a few years ago.  He’s now leading up a project, called Toybox, to rewrite BusyBox and release it under a more permissive, non-GPL license.  And for doing that, Landley’s drawn a lot of fire from free software advocates.

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Legal Issues In Open Source: What to Expect in 2012

Posted on Monday, Jan 30, 2012

BY Edward J. Naughton

It’s traditional in late December to take a look back at the past year and review the top stories, and there are plenty of pieces that review the developments in open source in 2011: Sean Gallagher’s article at Ars Technica, Stephen J. Vaughn-Nichols’ recap of the top five Linux stories, and Mark Radcliffe’s take.

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The Accidental Android TouchPad: Further Developments

Posted on Thursday, Nov 10, 2011

BY Edward J. Naughton

As I wrote a few weeks ago, it seems that a few of HP’s now discontinued TouchPads shipped with Android 2.2, or FroYo, installed.  The TouchPad was a WebOS-powered tablet, but somehow at least a few units had Android installed.  It’s thought that these were test units that were never meant to be sold.

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Android’s Bionic Problem Is Not “Bogus”: Why Judge Alsup Got It Right And Linus Torvalds Got It Wrong

Posted on Tuesday, Nov 8, 2011

BY Edward J. Naughton

In September, federal judge William Alsup denied Google’s request for a ruling that the Java application programming interfaces (“APIs”) were, categorically, not protected under copyright law.  In that order, which came in Google’s litigation with Oracle over Google’s use of Java in its Android mobile operating system, Judge Alsup ruled that each of the disputed files must be analyzed individually to determine whether it is protected by copyright.

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Poor Software Design as an Unfair and Deceptive Act: The Lessons of FrostWire

Posted on Wednesday, Oct 26, 2011

BY Edward J. Naughton

It was inevitable that malware would eventually target smartphones.  The mobile devices are ubiquitous, and they can store quite a lot of valuable private data.  Downloaded apps – projected to reach a staggering 29 billion for 2011 – provide an easy vector for infection.

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