Category: Contract

Transferring Your Digital Estate at Death

At the beginning of 2014, I call on software makers and Internet service providers to: provide to end users a simple and flexible way to import and export data from their service account (extreme data portability), and provide a simple process for a duly authorized survivor to authenticate and gain access to a decedent’s account […]

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Still Unlawful to Charge Patent Royalties Beyond Patent’s Expiration Date

In July 2013, the The Ninth Circuit U.S. Court of Appeals in Kimble v. Marvel Enterprises Inc., No. 11-15605 (9th Cir. July 16, 2013), followed the Supreme Court’s holding in Brullote v. Thys Co., 379 U.S. 29 (1964). In Brullote, charging patent royalties beyond a patent’s expiration date is “unlawful per se.” In Kimble, the […]

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Clickthrough Agreements are Contracts, Browsewraps are not

On 27 September 2012, the U.S. District Court for the District of Nevada issued its opinion that an arbitration clause within the terms of use (TOU) of the website was unenforceable given that users were neither provided with notice of the agreement nor were obligated to affirmatively assent to the agreement.  In re, […]

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