Copyright Law: Key legislation includes Copyright Act of 1976, Digital Millennium Copyright Act (DMCA), and Computer Software Copyright Act. These laws protect original works of authorship, including software code.
Patent Law: Governed by Patent Act (35 U.S.C.), covering software patent considerations, patent rights and limitations in software licensing context.
Trade Secret Law: Including Defend Trade Secrets Act (DTSA) and Uniform Trade Secrets Act (UTSA), protecting confidential business information and proprietary code.
Contract Law: Encompasses Uniform Commercial Code (UCC), state-specific contract laws, and Statute of Frauds requirements for enforceability of agreements.
Export Control Regulations: Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) governing international software distribution.
Data Privacy and Security: State data protection laws, federal data protection regulations, and cybersecurity requirements affecting software licensing and usage.
Antitrust Considerations: Sherman Antitrust Act, Clayton Act, and Federal Trade Commission Act regulations preventing anti-competitive licensing practices.
Open Source Compliance: Requirements and obligations under various open-source licenses (GPL, LGPL, MIT, Apache) and related disclosure obligations.
Consumer Protection Laws: Federal and state consumer protection statutes, warranty disclaimers, and limitation of liability provisions for software licensing.
Electronic Signatures: Electronic Signatures in Global and National Commerce Act (E-SIGN) and Uniform Electronic Transactions Act (UETA) governing digital contract execution.
