Getting your new webby project or business online is easier than ever. But what are some of the legal issues you should concern yourself with? Martin Glogier and Marc Comeau of muttarts law firm offer an overview of some of the legal landscape in New Media.
This presentation will be covering intellectual property, tips, case studies, and where the industry is heading for each industrial, communication and interaction design, and also an interview with developer and designer, Audrey Tang, about open sources and creative commons
This presentation will be covering intellectual property, tips, case studies, and where the industry is heading for each industrial, communication and interaction design, and also an interview with developer and designer, Audrey Tang, about open sources and creative commons
Bill Hulsey Patent Lawyer - Intellectual Property - Reasons for ProtectionBill Hulsey Lawyer
Bill Hulsey Patent Lawyer outlines reasons for and benefits from identifying and protecting intellectual property with patents, trade secrets, trade marks, and company policies.
Presentation given by Kevin Long, Digital Archivist at DRI on 7 November 2017 at the Royal Irish Academy, on the topic of orphan works (objects with no known rights holder) in digital collections. First in a series of one-hour sessions are designed to focus on particular areas of interest in the world of digital preservation.
Clare Lanigan - Copyright in digital environmentsdri_ireland
Presentation given by Clare Lanigan, Education and Outreach Manager, DRI, at 'Copyright Issue in Academic Libraries' seminar, organised by the Academic & National Library Training Co-operative in CONUL (Consortium of National & University Libraries) on 23 October 2017, Royal Irish Academy, Dublin.
Intellectual property and electronic commerceSusan Isiko
e-Commerce in the WTO, copyright, trademarks, software, computer programs, patents, domain names, domain names dispute resolution, Bali 2013, Internet, digital technologies, role of international organizations and governments, institutions
IT Innovation: Intellectual property issues in artifical intelligence and vir...Tom Webster
A ‘computer’ cannot be an ‘author’ under the Copyright Act, meaning, works created by computers do not attract copyright protection.
There is a vast dichotomy between what the relevant legislation states in Australia, and what could become common practice in the not so distant future. Legislative reform is required to adapt to the way technology is evolving at a rapid pace.
Bill Hulsey Patent Lawyer - Intellectual Property - Reasons for ProtectionBill Hulsey Lawyer
Bill Hulsey Patent Lawyer outlines reasons for and benefits from identifying and protecting intellectual property with patents, trade secrets, trade marks, and company policies.
Presentation given by Kevin Long, Digital Archivist at DRI on 7 November 2017 at the Royal Irish Academy, on the topic of orphan works (objects with no known rights holder) in digital collections. First in a series of one-hour sessions are designed to focus on particular areas of interest in the world of digital preservation.
Clare Lanigan - Copyright in digital environmentsdri_ireland
Presentation given by Clare Lanigan, Education and Outreach Manager, DRI, at 'Copyright Issue in Academic Libraries' seminar, organised by the Academic & National Library Training Co-operative in CONUL (Consortium of National & University Libraries) on 23 October 2017, Royal Irish Academy, Dublin.
Intellectual property and electronic commerceSusan Isiko
e-Commerce in the WTO, copyright, trademarks, software, computer programs, patents, domain names, domain names dispute resolution, Bali 2013, Internet, digital technologies, role of international organizations and governments, institutions
IT Innovation: Intellectual property issues in artifical intelligence and vir...Tom Webster
A ‘computer’ cannot be an ‘author’ under the Copyright Act, meaning, works created by computers do not attract copyright protection.
There is a vast dichotomy between what the relevant legislation states in Australia, and what could become common practice in the not so distant future. Legislative reform is required to adapt to the way technology is evolving at a rapid pace.
Presentamos nuestra oferta de servicios:
- Desarrollo de Software a medida (Software Factory).
- Consultoría de IT (Tercerización de servicios, soporte, implementación, capacitación, ALM, entre otros).
- Selección de personal de Tecnología y Sistemas (todas las tecnologías y perfiles).
The Intersection of Bankruptcy and... IP Law (Series: Bankruptcy Intersection...Financial Poise
Intellectual property generally includes patent rights, copyright rights, trademark and servicemark rights, and trade secrets. The foundation of intellectual property law is the protection of exclusive rights afforded to original works and invention. These rights can be significantly impacted by bankruptcy proceedings. This webinar examines some of these key issues including the perfection of security interests in intellectual property, the protection of certain intellectual property licenses and lack of protection for other types of intellectual property, the relief available to licensors, as well a special issues regarding assignment of licenses in bankruptcy proceedings.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/bankruptcy-and-ip-law-2020/
Presented by James Longwell, Partner
The information in this presentation is for general information purposes only. It does not constitute a legal opinion or other professional advice.
Legal mistakes can doom even the best startup concepts and founding teams. This workshop prepares you with a legal road map to successfully safeguarding your product or idea. Yuri Eliezer, Founder and Patent Attorney at SmartUp, will show you how to reserve your Intellectual Property rights.
This workshop, led by intellectual property attorney and founder of Smartup, Yuri Eliezer, will help you understand what options are available to secure your work and how you can cover all your bases at a reasonable cost. Attendees will leave with an understanding of the difference between patents, trademarks, and copyrights, how to protect their software, how to preserve their rights, and who owns their contributions.
The Intersection of Bankruptcy and… Intellectual Property Law (1).pdfFinancial Poise
Intellectual property generally includes patent rights, copyright rights, trademark and service mark rights, and trade secrets. The foundation of intellectual property law is the protection of exclusive rights afforded to original works and invention. These rights can be significantly impacted by bankruptcy proceedings. This webinar examines some of these key issues including the perfection of security interests in intellectual property, the protection of certain intellectual property licenses and lack of protection for other types of intellectual property, the relief available to licensors, as well as special issues regarding assignment of licenses in bankruptcy proceedings.
Part of the webinar series: BANKRUPTCY INTERSECTIONS 2022
See more at https://www.financialpoise.com/webinars/
Buying & Selling IP (Series: Intellectual Property 201)Financial Poise
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/buying-selling-ip-2021/
IP rights are an important class of intangible assets that can be assigned or licensed to generate revenue. Indeed, some companies do not make or sell products; their entire revenue is derived from the licensing of their patents. Suffice it to say, licensing revenue has become a significant source of value in the global intellectual property economy. This webinar will help you better understand the complex legal issues associated with IP transactions.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/buying-selling-ip-2020/
Online marketing has opened the floodgates for trademark and copyright infringement—learn the essentials of intellectual property. BRANDit Live! is a series of webinars hosted by Studio 2055 that include lively discussions with our special guests who bring insight and knowledge to the subject of brand.
April 2011 - Business Law & Order - Mark G. MalvenAnnArborSPARK
This is the much anticipated sequel to SPARK’s smash hit IP–1 session last Fall. In this installment, we have assembled a star-studded cast of IP experts to discuss the ins and outs of licensing intellectual property (IP), as well as a “best practices” approach to avoiding the dreaded “cease & desist” letter from a competitor. Matt Bell from the UofM Tech Transfer Office will talk about the many opportunities that exist for entrepreneurs to acquire cutting edge technology from universities, and to engage university researchers to solve specific technical problems. Attorney Mark G. Malven will cover IP licensing for entrepreneurs. Attorney Richard (Rick) Hoffmann will share ways that startups and emerging businesses can reduce the risk of infringing third-party IP rights.
IP: What Every Lawyer & Every Client Must Understand (Series: Intellectual Pr...Financial Poise
Intellectual property or “IP” is a term used to describe certain types of intangible property. Like other forms of property, such as real estate and personal property, IP can be owned, purchased or transferred. How ownership is determined differs according to the type of IP. This webinar discusses the importance of certainty in ownership of IP and how ownership of IP is entangled with areas of corporate law and employment law.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/ip-what-every-lawyer-every-client-must-understand-2021/
Presentation given to the Chicago Lean Startup Circle on Dec. 1, 2011.
In a lean startup, getting product-to-market-fit is everything. Along the way, consider core IP issues to make sure your startup owns all of the value that you are adding. You can also have lean IP, just make sure you fully understand the implication of bootstrapping.
As always, consult with a lawyer if you have questions or concerns.
IP - What Every Lawyer & Every Client Must Understand (Series: Intellectual P...Financial Poise
Intellectual property or “IP” is a term used to describe certain types of intangible property. Like other forms of property, such as real estate and personal property, IP can be owned, purchased or transferred. How ownership is determined differs according to the type of IP. This webinar discusses the importance of certainty in ownership of IP and how ownership of IP is entangled with areas of corporate law and employment law.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/ip-what-every-lawyer-must-understand-2020/
AZBIA & Traklight present "New Year, New Business" Open HouseTraklight.com
Traklight organized the New Year New Business event open house with CEI and AZBIA.
5 presenters shared on their legal expertise in the area of intellectual property. Patents, protection, copyrights, business formation, contracts and identification of intellectual property permeated throughout the presenter's discussions.
Russ Yelton (President and CEO of NACET) & Joann McMaster (President of AZBIA)
Mary Juetten (Founder and CEO of Traklight
Juliet Peters (Founding Partner of Becker Peters, PLLC)
Ron Kisicki (registered Patent Attorney and Partner with Woods Oviatt Gilman, LLP)
Ruth Carter (Owner and Attorney of Carter Law Firm, PLLC)
Take an engaging journey into the world of intellectual property (IP) and software. What IP do you have and how can you protect it? Is it better to use a trademark, copyright or a patent? How long does it take and what does it cost? This presentation will introduce you to the types of IP and why they matter.
With Catherine Vardy - Business Development Officer for the Atlantic Region, Canadian Intellectual Property Office (CIPO), and Philip Kerr -Partner at Kerr & Nadeau
10 years of picking fights and getting kicked out of a meetings - Mike Downs shares his personal quest to define "usability." Mike will dive deep in to describing why usability is important for your websites and web applications. He will offer up pointers on how to think about your own projects with a user focused mind.
Mike has over eighteen years of Internet marketing strategy and product management experience helping create, shape, and launch technology products on the Web. Mike is very passionate about how human beings use computers. Focusing on usability and user experience for the last 10 years, Mike has helped retail giants like Macy's and The Gap as well as government organizations like Tourism British Columbia and Service Nova Scotia deliver experiences that engage their audience.
With Terry Weatherbee & David Duke (STEAM Space Acadia University)
The recent and explosive growth in maker-culture combined with the emergence of 3D Printing in Fabrication Laboratories (or “FabLabs”) presents an opportunity for the province to prepare for the future by investing in economic and cultural change in rural Nova Scotia. Acting in concert with the Acadia Entrepreneurship Centre and the Centre for Rural Innovation, Acadia’s new STEAM Space is working toward the creation of a Maker Space/FabLab on the Acadia University campus. It will be based on the combination of Acadia’s knowledge in Science and Technology with expertise in business for the purposes of developing an Entrepreneurial culture of innovation for Artisanal Making. It is designed to turn disruption into opportunity for the local and regional community in which Acadia is embedded. David and Terry will talk about the potential of maker spaces, as well as provide some 3D printing show and tell.
Terry Weatherbee is a Professor in the Manning School of Business at Acadia University, and has a number of different research areas of interest including the negative impacts of technology use in organizations and the historiography of management thought. His most current research focuses on the disruptive impact of Maker Technology and its opportunities for economic development and academic/economic partnership.
David Duke is an Associate Professor in the Department of History and Classics and as Coordinator of the university's recently-established Environmental and Sustainability Studies program. His academic areas of expertise are the history of Russia and the USSR, the history of science, and environmental history, and he teaches in all these areas.
Agriculture globally is a 12 trillion dollar annual industry ripe for technology startups looking to bring new hi-tech innovations to market. Where does technology and agriculture meet, and what are the opportunities? Gary and Jeff will discuss this exciting technology space. Danny will look at the opportunities around ag. and the field of data analytics. Finally, we will also explore locally grown ag. tech startups, and incubation programs helping launch next generation ag + tech companies.
Jeff Andersen from GoInstant
Have you ever thought that writing web applications should allow you to use your mad Javascript skillz on the server side as well? Node.js is such a platform. Bundling up the Google Chrome Javascript runtime, Node lets you easily building fast and scalable network applications perfect for the real-time web. It's also a pretty great platform for building basic data driven websites too. Jeff, a web developer at Halifax based GoInstant, will introduce us to the Node platform, exploring it from the ground up.
Shablizzam Interactive Studios, a small business in Grand Pre, has been developing a large virtual landscape where students can learn about their culture, history, numeracy and literacy.
Combing research, story telling and specific learning outcomes in math and language arts, Shablizzam has built a framework for fun games with a serious goal. We believe students will be empowered, engaged and emerge as better learners.
Join, Scott Olszowiec, as he shares Shablizzam's experience about designing and developing games with small budgets, small teams and big plans.
ValleyEvents.ca is a network for informing residents and visitors of the Annapolis Valley of upcoming arts, culture, entertainment, and educational events happening in the Annapolis Valley region. ValleyEvents.ca allows promoters, artists, venues, and citizens to submit events at no cost and provides venues, towns, and other organizations customized data feeds drawn from that information.
Wesley Booth is an Acadia University business student who is working on a research project how predictive analytics can be used in the agriculture industry and how this relates to precision agriculture and farmers here in Kings County. The example outlined in the presentation is using predictive analytics to improve apple scab detection and management.
We live in interesting times. While mobile adoption is skyrocketing, most small organizations are precluded from entering the mobile market by the significant time, money and skill investment required to make even the simplest app. Mobile development toolkits can help, but the small guys are still left behind. WaveMobile is a development framework that creates diverse and customized mobile apps without writing a single line of code.
Jon Saklofske (Acadia University, Department of English) will explore some of the ways that he has used digital game environments in the university classroom. Specifically, Jon will talk about a flexible and functional MOO (text-based online virtual reality) environment that allows his students to play and build game-based arguments (as a substitute for essay writing), and will also discuss a new course delivery method he is working on that has been inspired by conversations he’s had with some major game developers.
How can we encourage the development of an innovative New Media economy in the Valley that encourages small business growth? Paul will introduce us to the proven pillars of open entrepreneurial ecosystems and walk us through a discussion about what this model may look like here.
This talk will introduce the group to an important communications asset we citizens own right here in the Valley, i.e. our community fiber optic network. Who uses it? Where is it? The key question, however, which we'll put to our attendees, is, "How might we truly put community squarely into the heart of the Valley Community Fiber Network?" What will it take? What tools are we missing? What's the potential? Who is interested? What are the roadblocks? How can we innovate?
DevOps and Testing slides at DASA ConnectKari Kakkonen
My and Rik Marselis slides at 30.5.2024 DASA Connect conference. We discuss about what is testing, then what is agile testing and finally what is Testing in DevOps. Finally we had lovely workshop with the participants trying to find out different ways to think about quality and testing in different parts of the DevOps infinity loop.
Dev Dives: Train smarter, not harder – active learning and UiPath LLMs for do...UiPathCommunity
💥 Speed, accuracy, and scaling – discover the superpowers of GenAI in action with UiPath Document Understanding and Communications Mining™:
See how to accelerate model training and optimize model performance with active learning
Learn about the latest enhancements to out-of-the-box document processing – with little to no training required
Get an exclusive demo of the new family of UiPath LLMs – GenAI models specialized for processing different types of documents and messages
This is a hands-on session specifically designed for automation developers and AI enthusiasts seeking to enhance their knowledge in leveraging the latest intelligent document processing capabilities offered by UiPath.
Speakers:
👨🏫 Andras Palfi, Senior Product Manager, UiPath
👩🏫 Lenka Dulovicova, Product Program Manager, UiPath
Securing your Kubernetes cluster_ a step-by-step guide to success !KatiaHIMEUR1
Today, after several years of existence, an extremely active community and an ultra-dynamic ecosystem, Kubernetes has established itself as the de facto standard in container orchestration. Thanks to a wide range of managed services, it has never been so easy to set up a ready-to-use Kubernetes cluster.
However, this ease of use means that the subject of security in Kubernetes is often left for later, or even neglected. This exposes companies to significant risks.
In this talk, I'll show you step-by-step how to secure your Kubernetes cluster for greater peace of mind and reliability.
Kubernetes & AI - Beauty and the Beast !?! @KCD Istanbul 2024Tobias Schneck
As AI technology is pushing into IT I was wondering myself, as an “infrastructure container kubernetes guy”, how get this fancy AI technology get managed from an infrastructure operational view? Is it possible to apply our lovely cloud native principals as well? What benefit’s both technologies could bring to each other?
Let me take this questions and provide you a short journey through existing deployment models and use cases for AI software. On practical examples, we discuss what cloud/on-premise strategy we may need for applying it to our own infrastructure to get it to work from an enterprise perspective. I want to give an overview about infrastructure requirements and technologies, what could be beneficial or limiting your AI use cases in an enterprise environment. An interactive Demo will give you some insides, what approaches I got already working for real.
Slack (or Teams) Automation for Bonterra Impact Management (fka Social Soluti...Jeffrey Haguewood
Sidekick Solutions uses Bonterra Impact Management (fka Social Solutions Apricot) and automation solutions to integrate data for business workflows.
We believe integration and automation are essential to user experience and the promise of efficient work through technology. Automation is the critical ingredient to realizing that full vision. We develop integration products and services for Bonterra Case Management software to support the deployment of automations for a variety of use cases.
This video focuses on the notifications, alerts, and approval requests using Slack for Bonterra Impact Management. The solutions covered in this webinar can also be deployed for Microsoft Teams.
Interested in deploying notification automations for Bonterra Impact Management? Contact us at sales@sidekicksolutionsllc.com to discuss next steps.
The Art of the Pitch: WordPress Relationships and SalesLaura Byrne
Clients don’t know what they don’t know. What web solutions are right for them? How does WordPress come into the picture? How do you make sure you understand scope and timeline? What do you do if sometime changes?
All these questions and more will be explored as we talk about matching clients’ needs with what your agency offers without pulling teeth or pulling your hair out. Practical tips, and strategies for successful relationship building that leads to closing the deal.
UiPath Test Automation using UiPath Test Suite series, part 4DianaGray10
Welcome to UiPath Test Automation using UiPath Test Suite series part 4. In this session, we will cover Test Manager overview along with SAP heatmap.
The UiPath Test Manager overview with SAP heatmap webinar offers a concise yet comprehensive exploration of the role of a Test Manager within SAP environments, coupled with the utilization of heatmaps for effective testing strategies.
Participants will gain insights into the responsibilities, challenges, and best practices associated with test management in SAP projects. Additionally, the webinar delves into the significance of heatmaps as a visual aid for identifying testing priorities, areas of risk, and resource allocation within SAP landscapes. Through this session, attendees can expect to enhance their understanding of test management principles while learning practical approaches to optimize testing processes in SAP environments using heatmap visualization techniques
What will you get from this session?
1. Insights into SAP testing best practices
2. Heatmap utilization for testing
3. Optimization of testing processes
4. Demo
Topics covered:
Execution from the test manager
Orchestrator execution result
Defect reporting
SAP heatmap example with demo
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
State of ICS and IoT Cyber Threat Landscape Report 2024 previewPrayukth K V
The IoT and OT threat landscape report has been prepared by the Threat Research Team at Sectrio using data from Sectrio, cyber threat intelligence farming facilities spread across over 85 cities around the world. In addition, Sectrio also runs AI-based advanced threat and payload engagement facilities that serve as sinks to attract and engage sophisticated threat actors, and newer malware including new variants and latent threats that are at an earlier stage of development.
The latest edition of the OT/ICS and IoT security Threat Landscape Report 2024 also covers:
State of global ICS asset and network exposure
Sectoral targets and attacks as well as the cost of ransom
Global APT activity, AI usage, actor and tactic profiles, and implications
Rise in volumes of AI-powered cyberattacks
Major cyber events in 2024
Malware and malicious payload trends
Cyberattack types and targets
Vulnerability exploit attempts on CVEs
Attacks on counties – USA
Expansion of bot farms – how, where, and why
In-depth analysis of the cyber threat landscape across North America, South America, Europe, APAC, and the Middle East
Why are attacks on smart factories rising?
Cyber risk predictions
Axis of attacks – Europe
Systemic attacks in the Middle East
Download the full report from here:
https://sectrio.com/resources/ot-threat-landscape-reports/sectrio-releases-ot-ics-and-iot-security-threat-landscape-report-2024/
Accelerate your Kubernetes clusters with Varnish CachingThijs Feryn
A presentation about the usage and availability of Varnish on Kubernetes. This talk explores the capabilities of Varnish caching and shows how to use the Varnish Helm chart to deploy it to Kubernetes.
This presentation was delivered at K8SUG Singapore. See https://feryn.eu/presentations/accelerate-your-kubernetes-clusters-with-varnish-caching-k8sug-singapore-28-2024 for more details.
Transcript: Selling digital books in 2024: Insights from industry leaders - T...BookNet Canada
The publishing industry has been selling digital audiobooks and ebooks for over a decade and has found its groove. What’s changed? What has stayed the same? Where do we go from here? Join a group of leading sales peers from across the industry for a conversation about the lessons learned since the popularization of digital books, best practices, digital book supply chain management, and more.
Link to video recording: https://bnctechforum.ca/sessions/selling-digital-books-in-2024-insights-from-industry-leaders/
Presented by BookNet Canada on May 28, 2024, with support from the Department of Canadian Heritage.
Generating a custom Ruby SDK for your web service or Rails API using Smithyg2nightmarescribd
Have you ever wanted a Ruby client API to communicate with your web service? Smithy is a protocol-agnostic language for defining services and SDKs. Smithy Ruby is an implementation of Smithy that generates a Ruby SDK using a Smithy model. In this talk, we will explore Smithy and Smithy Ruby to learn how to generate custom feature-rich SDKs that can communicate with any web service, such as a Rails JSON API.
3. Part 1: Organizing Your Business
• Models for Organizing Your Business
Refresh Annapolis Valley May 13, 2013 Slide 3
Sole Proprietorship
Joint Venture
Partnership
Incorporation
Less Formal
Requirements
More Formal
Requirements
4. Part 1: Organizing Your Business
• Sole Proprietorship
• Business entity that is owned and run by
one individual.
• Owner receives all profits directly
(direct taxation).
• Owner has unlimited responsibility
for all losses and debts.
• No legal distinction between the owner
and the business.
• Key advantage: easy to organize and
no formal formation or reporting
obligations.
• Key disadvantage: unlimited, personal liability.
Refresh Annapolis Valley May 13, 2013 Slide 4
5. Part 1: Organizing Your Business
• Partnership
• Sole proprietorship with multiple people.
• Direct taxation of each partner; and
• Partners have personal liability for losses and debts.
• Deemed to exist where two or more persons:
• Are carrying on a business;
• In common; and
• With a view to profit.
• Types of partnership: (1) general (most common); (2) limited; and (3) limited
liability (LLP).
• Every partner is an agent of the partnership (unless modified by agreement).
• Key advantage: ability to raise capital is better vis-à-vis sole proprietorship.
• Key disadvantage: unlimited, personal liability and implied authority to bind all
partners.
• Manage this risk by creating limited partnership.
Refresh Annapolis Valley May 13, 2013 Slide 5
6. Part 1: Organizing Your Business
• Joint Venture
• Two or more parties agree to pool their resources/skills for the purposes of
accomplishing a specific project.
• Each participant responsible for its own profits, losses, and costs and taxes
associated with the venture.
• No transfer of ownership (not a merger).
• Venture can be its own entity, separate and apart from participants’ other
business interests.
• Way JV is set up affects how the JV is managed and how profits are shared and taxed.
• Key difference from partnership: not a continuing relationship.
• Key advantage: “two heads are better than one”.
• Key disadvantage: potential for abuse/power imbalance and limited recourse
under the law outside the bounds of the Joint Venture Agreement.
Refresh Annapolis Valley May 13, 2013 Slide 6
7. Part 1: Organizing Your Business
• Incorporation
• A separate legal entity under the law; exists as its own “person”.
• Owned by shareholders.
• Run by directors and officers (can be the same as shareholders).
• Key advantages:
• Flexibility to shield personal income from income tax (corporate rates, dividends,
expense write-off);
• Limited liability (instead of unlimited, personal liability); and
• Ability to raise funds (share issuance).
• Key disadvantages:
• Legal responsibilities and obligations on directors and officers;
• Procedural requirements (formation and reporting obligations); and
• Start-up costs (fees for incorporation).
Refresh Annapolis Valley May 13, 2013 Slide 7
8. Part 1: Organizing Your Business
• Which Business Entity Should I Use?
• Two key considerations:
• How much money are you making and how much do you need?
• Revenues
• Ownership of business assets
• Financing
• Complexity and scope of business – multi-jurisdictional
• How much exposure do you have to being sued?
• Nature and complexity of contracts
• Nature of services and equipment
• Negligence
• Occupiers’ liability
• Employees/employment law
Refresh Annapolis Valley May 13, 2013 Slide 8
9. • Protecting Creativity: Intellectual Property Rights
• IP rights relevant to computer programs:
• Patents (limited application)
• Copyright
• Not relevant:
• Industrial Design
• Trade-marks
(domain names)
Part 2: Protecting and Sharing Your Code
Refresh Annapolis Valley May 13, 2013 Slide 9
Intellectual
Property
Patents
Copyright
Trade-
marks
Industrial
Design
10. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Patents
• A patent grants a monopoly to the patentee to exploit an invention for
20 years.
• Patentee gains an exclusive right to make, construct, use and sell the invention.
• Patentee is the owner of the patent; not necessarily the inventor.
• Entitlement to a patent is determined on a “first-to-file” basis rather than a “first-to-
invent” basis.
• If there are two pending patent applications claiming the same or overlapping
inventions, the application with the earlier filing date will be entitled to the patent.
• Indicates importance of secrecy!
• U.S. and Philippines only 2 remaining countries with “first-to-invent” system.
Refresh Annapolis Valley May 13, 2013 Slide 10
11. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Patents (Continued)
• Patent granted for any “new” and “useful” invention.
• “Invention” includes processes, machines, manufactures or compositions of matter.
• Invention will not be “new” if there has been “enabling disclosure” to the public (in
Canada or elsewhere) more than 1 year prior to date of application.
• Also indicates importance of secrecy!
• “Useful” means the invention must have practical application (useful in theory is
insufficient).
• If a patent is infringed, patentee can recover money, including:
• Any damages suffered as a result of infringement; and
• Disgorgement of the profits made by the infringer as a result of the infringement.
Refresh Annapolis Valley May 13, 2013 Slide 11
12. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Patents (Continued)
• Patentable subject matter:
• Subject matter that has been excluded from patent protection:
• Computer programs if the discovery involved is a method of calculation;
• Methods of medical treatment;
• Higher life forms;
• Professional skills and methods;
• Printed matter producing only an artistic, intellectual or literary result;
• Mere human conductor mental steps or instructions; and
• Architectural plans.
• Therefore, patents are not available for all types of software and do not protect
source code underlying that software.
Refresh Annapolis Valley May 13, 2013 Slide 12
13. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Patents (Continued)
• Patentable subject matter – computer software:
• The practical application of source code for a new purpose is patentable, but the
code itself is not protected by patent.
• Best way to explain the distinction:
Refresh Annapolis Valley May 13, 2013 Slide 13
If a computer program does something in the real world,
you can patent how it does what it does
(e.g. Google’s PageRank algorithm).
But the program itself (and its components, including the
code) may be rejected as being “mathematical
algorithms” or “purely mental steps”.
14. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Patents (Continued)
• Practical Considerations:
• Obtaining a patent is not practical for the small business owner.
• Astronomical costs.
• Highly specialized area of the law – “patent agents”.
• Only 1 in all of Nova Scotia!
• Only makes sense when potential revenue from the invention reaches six figure
marks.
• Products that are the “next best thing”.
• Cost hurdles mean that patent protection is typically reserved for the realm of the
mega-corporation or independently wealthy.
Refresh Annapolis Valley May 13, 2013 Slide 14
15. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Copyright (and Trade Secrets)
• Just because your code or software is not patentable or under patent,
that does not mean it is not protected from reproduction under the law!
• Computer programs and code can also be protected by:
• The common law relating to “trade secrets”; and
• Copyright.
• “Trade Secret”:
• Protection for confidential information.
• Arises more from an obligation of good faith and fiduciary relationship rather than
from a proprietary interest.
• Any formula, pattern, device or compilation of information that is secret, unique, and
is developed by expending time, effort or money.
• Must be communicated or acquired in circumstances where an obligation of
confidence is imposed.
Refresh Annapolis Valley May 13, 2013 Slide 15
16. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Copyright (and Trade Secrets)
• Test to determine whether there has been a breach of a “trade secret”:
• Was the information that was conveyed confidential?
• Was it communicated in confidence? and
• Was it misused by the party to whom it was communicated?
• Therefore, where you are developing a new product/program for a
commercial purpose in concert with others, ensure that confidentiality or
non-disclosure agreements are being used to protect against
unauthorized reproduction of your work.
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17. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Copyright
• Copyright:
• Protects personal expression.
• Distinct from patent protection, in that patents cover function.
• An author of an original artistic, literary, dramatic or musical work (and compilations
of such work) is given an exclusive right to produce, reproduce and sell the work or
any substantial part thereof.
• Code generally protected as “literary” work, encompassed by statutory definition of
“computer program”.
• Software protected as a compilation of “literary” works (fragments of code which create an
original result).
• Note that copyright protects the form of expression of an idea, not the idea itself.
• Unique feature of copyright in Canada: protection of moral rights associated with an
original work.
• Right to prevent distortion or mutilation of the work and the right to prevent the use of the
work in association with a particular product, service, cause or institution.
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18. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Copyright (Continued)
• Copyright protection exists automatically from the moment of creation,
and lasts for life of author plus 50 years from date of author’s death.
• Despite automatic protection, there are benefits to registering copyright
with the Canadian Intellectual Property Office (CIPO).
• Prima facie evidence of ownership in copyright if a dispute arises.
• Infringement of copyright is doing anything with a copyrighted work (or
authorizing this conduct) which the owner of the copyright has the
exclusive right to do.
• There are exceptions, including:
• Fair dealing for purposes of research, private study, criticism or news.
• If copyright is infringed, owner can sue for:
• Damages and an accounting of profits; or
• Statutory damages (penalty).
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19. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Copyright (Continued)
• Infringement (illegal reproduction) of a computer program can happen
in numerous ways:
• Literal infringement
• When the code of the computer program is copied on a one-for-one basis; or
• Used in contravention to provisions of a licensing agreement.
• Non-literal infringement: “look and feel” copying
• Where the code has not been copied line-for-line; but
• The “look and feel” (e.g. screen prompts, keystrokes, menus) of the program is substantially
copied.
• This protects against reproduction through the use of different programming language.
• “Look and feel” is subjective and difficult to quantify.
• Don’t forget about moral rights!
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20. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Copyright (Continued)
• In any economic transaction involving copyrighted works, the transfer of
rights becomes essential:
• Partial or total assignment of copyright (transfer of ownership in work); or
• Exclusive or non-exclusive licensing (rights to use the work).
• Therefore, marketing, selling or sharing code generally requires an
assignment or license agreement.
• Implied licenses may arise where work is done on behalf of another person (e.g. web
design).
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21. Part 2: Protecting and Sharing Your Code
• Intellectual Property Rights: Copyright (Continued)
• Practical difficulties with copyright and software/code:
• Are pieces of code actually “expression”? Difficulty of separating purely functional
aspects of code from expressive elements of codebase.
• Who is the “author” of software where one person creates the concept and
specifications for the program, and another creates the code (independently)?
• Serious enforcement issues – impossible to police, particularly with online
dissemination and digital media.
• Coders interested in protecting their work should seriously consider taking preventative
action rather than relying on copyright “protection”.
• Use products to obfuscate source code or resist or detect tampering.
• Nature of copyright is in conflict with the shared nature of culture.
• An inappropriate model to deal with open-source software, creative commons, etc.
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22. Part 2: Protecting and Sharing Your Code
• Managing and Sharing Your Code: Licenses
• Licenses are the means by which you share or distribute your intellectual
property rights.
• When a consumer buys a computer program, they generally do not buy
the program itself, but a license to use the program.
• Terms of this use are set out in the EULA, Terms of Use or General License Agreement.
• A “license” is simply a binding agreement (or contract) that sets out how
the IP can be used.
• Three fundamental features of any IP license:
• Gives people permission to use someone else’s intellectual property;
• Allows IP holders to put bounds and conditions on the use of their IP; and
• Allows IP holders to exercise their property rights if the bounds and conditionsof the
license are not met.
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23. Part 2: Protecting and Sharing Your Code
• Managing and Sharing Your Code: Licenses (Continued)
• Key pieces of a good and valid license:
• Grant of the license;
• Grant of Copyright License. Subject to the terms and conditions of this Agreement, [IP holding party] hereby grants to [the
other party] a worldwide, non-exclusive, royalty-free copyright license to reproduce, prepare derivative works of, publicly
display, publicly perform, sublicense, and distribute the work and associated derivative works.
• Limitations on the scope of use; and
• Common examples:
• Exclusivity;
• Sublicensing;
• Field of Use/Product;
• Term; and
• Territory.
• Reservation of rights.
• Reservation of Rights. All rights not expressly granted under this Agreement are retained by [the IP holder]. Any use not
expressly granted is reserved. Further, this Agreement does not restrict or limit [IP holder’s] rights to utilize or license the
works in any manner.
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24. Part 2: Protecting and Sharing Your Code
• Managing and Sharing Your Code: Licenses (Continued)
• Your options:
• No license
• Relying on traditional copyright protection and preventive measures; or
• Keep in mind the practical difficulties with this.
• Putting your work into the public domain (free use).
• Generally where the rewards of seeing others enjoy your work is more valuable than the financial
rewards associated with copyright.
• This applies to work provided for Creative Commons.
• Public domain declaration:
• The contents of this file are dedicated to the public domain. To the extent that dedication to the public domain is
not available, everyone is granted worldwide, perpetual, royalty-free, non-exclusive license to exercise all rights
associated with the contents of this file for any purpose whatsoever. No rights are reserved.
• Include moral rights declaration.
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25. Part 2: Protecting and Sharing Your Code
• Managing and Sharing Your Code: Licenses (Continued)
• Your options (continued):
• Traditional proprietary software license
• Shrink-wrap or click-wrap licenses are acceptable under Canadian law.
• Be careful of the browse-wrap license – may not be enforceable on grounds that reasonable
notice of the terms of the license were not brought to the attention of the user such that
there is no mutual agreement to those terms.
• Open source license
• Middle ground between public domain and proprietary licensing.
• Options for open source licenses fall on a scale regarding complexity of the license and the
amount of control that the IP holder wants to exercise.
• When choosing license for new code incorporating existing code, ensure license you choose
is compatible with pre-existing license.
• If your code is intended for use with an existing open source project, use the predominant
license.
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26. Part 2: Protecting and Sharing Your Code
• Managing and Sharing Your Code: Licenses (Continued)
• Scale for open source licenses:
• Academic Licenses;
• Permissive Licences;
• Partially Closed Licenses; and
• Reciprocal Licenses.
• Examples of the most comprehensive and common open source licenses:
• 2-clause BSD License (academic);
• Apache License v. 2.0 (permissive);
• Mozilla Public License (MPL) (partially closed);
• Lesser/Library GPL (LGPL) (partially closed);
• GNU GPL v. 3.0 (reciprocal); and
• If you work with reciprocally-licensed code, know the risks!
• Open Software License v. 3.0 (reciprocal).
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27. Part 3: Legal Issues Relevant to Tech
• Common Legal Issues – E-Commerce and the Internet:
• Intellectual property issues
• The internet and associated technology have made the storage, reproduction and
widespread distribution of protected works inexpensive and fast.
• Hence the development of open source and creative commons concepts.
• To minimize your risks of being found an infringer, check licenses of all products you
use/incorporate into your own work.
• In order to minimize the risk of your work being infringed, implement a
comprehensive licensing system and protect your work as “trade secrets”.
• Register your copyright with the Canadian Intellectual Property Office (CIPO).
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28. Part 3: Legal Issues Relevant to Tech
• Common Legal Issues – E-Commerce and the Internet
(Continued):
• Privacy issues
• E-commerce activities often involve the exchange of personal information or data.
• Direct submissions from internet users and “hidden” date – e.g. cookies, sniffers,
internet logs.
• If your business is involved in the collection, use or storage of personal information, it
must follow obligations outlined under PIPEDA and provincial privacy legislation.
• Consent from user; and
• Use information only for specific purposes which have been disclosed to user.
• Unsolicited emails may infringe privacy legislation.
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29. Part 3: Legal Issues Relevant to Tech
• Common Legal Issues – E-Commerce and the Internet (Continued):
• Defamation and user-generated content:
• The law generally protects the website host from defamatory content published by its
users (see U.S. case – Tamiz v. Google):
• It is no doubt often true that the owner of a wall which has been festooned, overnight, with defamatory graffiti
could acquire scaffolding and have it all deleted with whitewash. That is not necessarily to say, however, that the
unfortunate owner must, unless and until this has been accomplished, be classified as a publisher.
• The standard practice for web host in Canada is:
• (1) Ensure that it is not involved in the publication of the defamatory content (e.g. website
administrator created the content), such that it is purely “user” generated; and
• (2) Remove content if asked by another user.
• Legally, however, it may be that the host has no obligation to remove content unless it was
involved in creating it.
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30. Part 3: Legal Issues Relevant to Tech
• Common Legal Issues – E-Commerce and the Internet
(Continued):
• Web site or content development services – key risks:
• Liability for its third-party suppliers (e.g. errors in content, failure to deliver on time);
• Liability for customer-supplied materials or information (e.g. defamation, IP
infringement).
• Especially if developer has some control over the content used in its developed works.
• Failure by customer to meet its own obligations;
• Loss of ownership (right to re-use) developed or supplied works; and
• Ongoing changes by customer for which developer incurs additional expenses.
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31. Part 3: Legal Issues Relevant to Tech
• Common Legal Issues – E-Commerce and the Internet
(Continued):
• Web site or content development services – mitigating key risks:
• Have a Website and Content Development Agreement which addresses:
• Dependencies of the developer which would affect the scope of its obligations, the
deliverables and the timetables/schedules included in the agreement;
• Remedies for causes beyond the developer’s control;
• Limitations on liability and disclaimers;
• Requirements, restrictions, warranties and indemnities for customer-supplied materials or
information;
• Ownership, licensing, confidentiality and assignment terms;
• Change order procedures; and
• Testing criteria and procedures.
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32. Part 4: Discussion
• Any questions?
• Contact information:
• Martin Glogier Marc Comeau
Associate Lawyer Associate Lawyer
muttarts law firm muttarts law firm
902-678-2157 902-678-2157
mglogier@muttartslaw.ca mcomeau@muttartslaw.ca
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