How Much Do You Care About Your Right-to-Repair?

The two decade old Digital Millennium Copyright Act (“DMCA”) was intended to prevent circumvention of protective measures placed on copyrighted material such as movies and music.  In the absence, or perhaps scant presence, of legislative updates, the same laws used to govern movies and music have been extended to new technologies brought by the internet […]

Everyone Copied My Code!!!

Over 75% of Americans use a smartphone today according to the Pew Research Center.[1] As a result of the large number of people utilizing smartphones, smartphone operating systems and applications are being developed at an ever-increasing pace.[2] For software developers, one question that is not often considered until it is too late, is what can […]

Monkey Can Selfie But Can He Copyright?

What do whales, dolphins and porpoises have in common with a monkey of the Celebes crested macaques-type from Northern Sulawesi (Indonesia)? And how does that in turn connect with the concept of “next friend” in the context of “standing”? In fact, what is “standing”? All of these are brought together in a tale that starts […]

Disgorgement of Defendant’s Profits as Damages for Trade Secret Misappropriation, and Reduction of Damages for Accessibility by Proper Means

Analyzing the monetary harm to a business through misappropriation of one or more trade secrets is fraught with difficulty.   How much does each specific trade secret contribute to the trade secret owner’s profit on each product? How important was each trade secret to the defendant’s accused product? What was the development timeline and did the […]