What We Do

Copyright Issues

Source Code Infringement Analyses
Digital Rights Management and DMCA
  • For a digital media content distributor - Comparison of source code with reverse-engineered (disassembled) product to determine likely origin of security breach of digital media, and to determine technical and legal courses of action

  •  For the plaintiff - Research into mechanics of digital media copyright infringement on social network sites on behalf of a studio 

  • For the defendant - Review of copyright in transfer of product license keys 

  • For the defendant - Software and DMCA review of clinical laboratory system

IPriori has experience in applying doctrinal frameworks of software copyright such as Abstraction, Filtration and Comparison; Scènes-à-faire and Merger; and distinguishing Ideas from Protectable Expression. We incorporate automated tools to assist source code reviews as appropriate.

  • For the defendant - Reviewed source code subject to a contract dispute and presented Abstraction-Filtration-Comparison analysis; testified at preliminary injunction hearing 

  • For the plaintiff - Analysis of embedded software in toner cartridges regarding the Merger Doctrine

  • For the defendant - Source code review of respective parties in joint product development agreement; expert report and deposition 

  • As a neutral expert - Jointly retained by counsels for parties in double-blind source code copyright review in a matter arising from employment agreements; expert opinion ) 

  • For the plaintiff - Review of materials transported by former employees to new employer; expert report (Arbitration)

  • For the defendant - Review of source code for an eCommerce application in contract dispute. Assessed applicability of filtering according to the Scènes-à-faire doctrine. Testified at Arbitration 

  • For a large financial institution - Retained by outside counsel to provide guidance to client in software copyright issues, approaches to avoidance of copyright infringement, and monitor a software development project