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How to Handle a Technology Copyright Infringement Claim

What to do when your client says, "Isn't that our code (or data)?"

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    Time was when a software developer could recover payment owed simply upon an attorney's threat to seek an injunction in a copyright infringement suit. With the Supreme Court's elimination in 2006 of the presumption of an injunction, the evolution of the doctrines of first sale and fair use, and the "mash up" of technology content from multiple sources—sometimes "open"—the cost of enforcement may easily eclipse expected remedies. Awareness of the inflection points is crucial for efficient response to infringement or accusation.

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    Stephen Y. Chow, Esq., Hsuanyeh Law Group, PC, Boston
    Quincy L. Kayton, Esq., McCarter & English LLP, Boston
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