Software development law

  • Computer code libraries and copyright ownership

    Computer code libraries and copyright ownership

    The Australian case of Redrock Holdings Pty Ltd and Hotline Communications Ltd v Hinkley [2001] VSC 91 has shed light on how the ownership of copyright in code libraries is determined. Learn more about the dispute and its implications for copyright ownership in this blog post.

  • Software litigation – how much evidence is sufficient?

    Software litigation – how much evidence is sufficient?

    The Court was asked to decide if the applicant had enough info to begin proceedings for copyright infringement and breach of confidence in Qudos Mutual Ltd v Infosys Ltd [2019] FCA 702. Qudos was not satisfied with what they had, so the Court ordered the production of further documents and source code.

  • Has my software been copied? – legal test explained

    Has my software been copied? – legal test explained

    This article examines the legal test for a “substantial reproduction” of computer code, as established by the High Court in Data Access Corporation v Powerflex Services Pty Ltd [1999] HCA 49 and further discussed in subsequent cases. The Court will consider the essential features of the work to determine if there has been a substantial…

  • Legal concerns in software support agreements

    Legal concerns in software support agreements

    Software developers must consider tech and product support services when taking software to market, such as differences between technical and product support, supported and non-supported items, and differences between installed and hosted software support agreements.

  • Artificial intelligence – introductory thoughts on the legal issues

    Artificial intelligence – introductory thoughts on the legal issues

    Technology lawyers are grappling with the complex legal issues associated with Artificial Intelligence (AI), such as liability, competition, consumer issues, intellectual property, data ownership, security, and privacy. This article explores these topics and examines the approach taken in the European Union.

  • Comparing software developers by methodology

    Comparing software developers by methodology

    Software development requires careful consideration: choice of onshore/offshore devs, methodology (Agile/Waterfall), type of requirement document, and the cost. Learn the differences to make an informed decision before committing to a development for your project.

  • Copyright infringement for computer code

    Copyright infringement for computer code

    Computer code is automatically protected by copyright. Unauthorised reproduction of it may constitute an infringement, as illustrated by two federal cases. To understand copyright infringement with respect to computer code, read “Who owns the code?”

  • Who holds ownership of the code?

    Who holds ownership of the code?

    Understand who owns the computer code used in software development projects. Consider employee or contractor engagement, joint ownership, and assignment of copyright to ensure your project is protected.

  • Software as a service (SaaS) contracts

    Software as a service (SaaS) contracts

    Drafting a SaaS (Software-as-a-Service) contract requires careful legal consideration. This article covers the business model, Australian Consumer Law (ACL), jurisdiction and choice of law, third party access, data, user-generated content, intellectual property (IP) ownership and major clauses. Learn how to ensure an effective SaaS contract is in place.

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