Legal Issues In iPhone Dev

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Michael Schneider talking about the legal issues in and around iPhone development

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Legal Issues In iPhone Dev

  1. 1. Legal Issues in iPhone Development 360|iDev 9/27/2009 Michael Schneider Twitter: @hivebrain email: mike@HivebrainSoftware.com
  2. 2. Opening Shop • Choosing an Entity • S-Corp or LLC?
  3. 3. Building Product • Contractors and Employees • Use of Third Party and Open Source Code
  4. 4. Going Live • Do you need a custom end user license agreement? • Warranty Disclaimers • Apple’s form provides no DMCA coverage for user generated content
  5. 5. Going Live
  6. 6. Going Live
  7. 7. Protecting Your Turf What is IP? – Intangible rights – Can be embodied in tangible objects Why have IP? – Encourage creation to benefit society – Balance of interests Why do companies protect their IP? – Protect valuable assets – Restrict the competition – Increasingly important
  8. 8. Types of Intellectual Property • Patent • Copyright • Trademark • Trade Secret
  9. 9. IP Rights Form of IP Difficult to get Cost to register? How long to get Length of rights? rights? protection Copyright Easy Free until you register. Rights exist Generally, 70 years Less than $200 if you instantly after the author register dies Patent Hard Expensive (Anywhere 2-3 years after 20 years from from $5,000 - filing filing date $25,000 and up) Trade Secret Easy (but must No registration Rights exist Can be perpetual be diligent to process instantly keep) Trademark Relatively easy Free if you don’t Some rights exist Can be perpetual (unless mark is register. Registration instantly. descriptive) is $1,000 - $2,000 Registration takes and up 12 – 18 months
  10. 10. IP Rights
  11. 11. Protecting Your Turf
  12. 12. Protecting Your Turf
  13. 13. Protecting Your Turf
  14. 14. Myths about IP – I paid for it, so I own it. – I can use pictures on the Internet, as long as I give the author credit. – The source code was on the Internet, so I can use it, right? – I can use it, it’s “fair use.”
  15. 15. Piracy
  16. 16. User Generated Content • Great source of diverse content without much cost to you • But you need to comply with the DMCA safe harbor requirements, or you could be liable for copyright infringement based on the actions of your users.
  17. 17. Contact Info • Michael Schneider • HiveBrain Software / Bitwise Legal • mike@hivebrainsoftware.com • www.thisistech.com • Twitter: hivebrain • (206) 428-7530

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