legal issues in iphone dev
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Michael Schneider talking about the legal issues in and around iPhone developmentTRANSCRIPT
Legal Issues in iPhone Development
360|iDev 9/27/2009Michael Schneider
Twitter: @hivebrainemail: [email protected]
Opening Shop
• Choosing an Entity
• S-Corp or LLC?
Building Product
• Contractors and Employees
• Use of Third Party and Open Source Code
Going Live
• Do you need a custom end user license agreement?
• Warranty Disclaimers
• Apple’s form provides no DMCA coverage for user generated content
Going Live
Going Live
Protecting Your TurfWhat 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
Types of Intellectual Property
• Patent
• Copyright
• Trademark
• Trade Secret
IP RightsForm of IP Difficult to get
rights?Cost to register? How long to get
rights?Length of protection
Copyright Easy Free until you register. Less than $200 if you register
Rights exist instantly
Generally, 70 years after the author dies
Patent Hard Expensive (Anywhere from $5,000 - $25,000 and up)
2-3 years after filing
20 years from filing date
Trade Secret Easy (but must be diligent to keep)
No registration process
Rights exist instantly
Can be perpetual
Trademark Relatively easy (unless mark is descriptive)
Free if you don’t register. Registration is $1,000 - $2,000 and up
Some rights exist instantly. Registration takes 12 – 18 months
Can be perpetual
IP Rights
Protecting Your Turf
Protecting Your Turf
Protecting Your Turf
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.”
Piracy
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.
Contact Info• Michael Schneider
• HiveBrain Software / Bitwise Legal
• www.thisistech.com
• Twitter: hivebrain
• (206) 428-7530