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The question is whether you can copyright computer programs and videogames. The Copyright Act was amended to expressly include the right to register computer programs and videogames.

What is a computer program and how can you copyright it?

A computer program is a set of statements or instructions to be used in a computer to provide a result. See 17 U.S.C. § 101; Stern Electronics, Inc. v. Kaufman, 669 F.2d 852, 855 (2d. Cir. 1982). Copyright protection extends to the copyrightable expressions embodied in the computer program. Computer programs are classified as literary works for the purposes of copyright. See Whelan Associates v. Jaslow Dental Laboratory, 797 F.2d 1222, 1234 (3d Cir. 1986). Also, copyright laws do not protect the functional aspects of a computer program (e.g., algorithms, formatting, functions, logic, system designs).

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Part I: DMV Sale of Personal Information

A group has investigated and allegedly found that the California Department of Motor Vehicles has earned more than $50 million by selling personal information of drivers to third parties without consent. This data may include names, addresses, and registration information. The DMV claims on its website that it does not sell information to advertisers or marketers for advertising or direct marketing purposes. It also claims that:

Most information acquired by the DMV is subject to public inspection under Vehicle Code Section 1808. Other statutes, regulations or laws governing subpoenas, discovery for litigation, Public Records Act requests, and commercial requestor requester accounts also apply to information gathered at this website. However, various provisions of law do prohibit or restrict the disclosure of certain electronically transmitted information such as social security numbers, residence addresses, and credit card accounts numbers. DMV also uses the information gathered on this website to help improve this website. For example, by tracking the number of website visitors, the date of visit, and the pages visited, DMV can balance resources so that the maximum number of visitors can obtain needed information. Additionally, by tracking what visitor software is being used (e.g. browser) DMV can avoid using features that visitors can not view or use.

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The copyright application process is three parts: (1) application form; (2) nonrefundable filing fee; and (3) a nonreturnable deposit of the work’s copy. In general, the copyright owner should submit a separate application for each work. However, the following exceptions apply for registering multiple works in one application:

  1. Collective Works: When a number of separate and independent contributions are assembled into a collective whole;
  2. Group Registrations: When multiple unpublished works, serials, newspapers, newsletters, contributions to periodicals, photographs, database updates, or secure test items meet registration requirements in one application;
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Quantum computing technology will be affecting most of us in a direct or indirect way. We have stated in a prior article that: “A quantum computer is a highly-advanced computer system that works exponentially faster than today’s conventional computers. Quantum computing is the practice of studying quantum computers and their potential. This practice is growing and has caused the rapid decrease in the size of computers at the same time as these systems are rapidly increasing in their capability.”

Now, quantum computing has become a reality and technology companies have launched projects in order to compete in this sector. The question is how quantum computers will affect us.

First, since quantum computers are faster than conventional computers, they can break passwords or decrypt encryptions in a shorter time. This has caused concern over privacy and security which has forced companies to invest in quantum resistant cryptography. This technology and its potential ramifications on encrypted networks will also affect EU’s General Data Protection Regulation (GDPR) which outlines the rules and regulations for protecting unauthorized access. The United States government has also reacted and Congress has passed H.R. 6227 in order to implement the National Quantum Initiative Act that states as follows:

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The basic rules for commercial emails should be known by all business organizations. They should include having proper identifiers, opt-out mechanisms, and a valid mailing address in all commercial emails. In fact, the CAN-SPAM Act states that the senders of commercial emails will be acting legally if:

1) The header of the commercial email (indicating the sending source, destination and routing information) doesn’t contain materially false or materially misleading information;

2) The subject line doesn’t contain deceptive information;

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Internet spam violations have increased in the past years. For example, the spammers use the interconnected network of computers that links us together in the world to disseminate malware. The spammers also use the internet to send junk email that fills up email accounts and can be used to commit online fraud – e.g., identify theft.

Robocall violations have also increased in the past years. For example, the robocallers use the telephone systems to continuously call without proper authorization. They do not state their personal or business organization’s names. They call before or after the permissible time periods (i.e., before 8:00 am/after 9:00 pm). They call by using artificial voices or recordings. They may also use automated telephone equipment to make the phone calls.

What are the legal remedies?

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There have been cases where spammers have transmitted spam via email and text messages. These messages can include improper content, propaganda, hidden messages, and malware (e.g., virus, trojan, ransomware, adware, spyware). The spammers use the Internet Service Provider’s and user’s bandwidth to disseminate spam which results in bandwidth saturation, lost productivity, and other complications.

What is spam?

Spam is unsolicited commercial email advertisement that is sent towards recipients by third parties. An “unsolicited commercial email advertisement” means a commercial email advertisement that: (1) The recipient has not provided direct consent to receive advertisements from the advertiser; and (2) The recipient does not have a preexisting or current business relationship with the advertiser.

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Both California and the federal government have enacted statutes that regulate arbitration agreements and awards. The Federal Arbitration Act (FAA) and California Arbitration Act (CAA) are similar in many aspects but they have differences that can sometimes lead to conflict. Other state and federal statutes can also conflict with the FAA. Under the Federal Preemption Doctrine, provisions of state law that directly conflict with a federal statute are invalid or unenforceable. The U.S. Supreme Court has issued several rulings in recent years about preemption of state laws, and even other federal laws, by the FAA. The Supreme Court has also identified situations in which the CAA can apply instead of the FAA.

Federal Preemption Doctrine

The Supremacy Clause, found in Article VI, clause 2 of the U.S. Constitution, states that federal law is “the supreme Law of the Land.” The preemption doctrine is intended to guide courts in determining when federal law supersedes state law. In a 2009 decision, Wyeth v. Levine, the Supreme Court expressed its “assumption” that preemption would not occur “unless that was the clear and manifest purpose of Congress.” Whether the court has always strictly held to this principle is a matter of some disagreement.

The U.S. Supreme Court Finds Preemption by the FAA

In 2017, the Supreme Court decided Kindred Nursing Centers Ltd. v. Clark, which involved a challenge to mandatory arbitration clauses signed by individuals with powers of attorney on behalf of elderly nursing home residents in Kentucky. Under Kentucky law, according to the Supreme Court, “the rights of access to the courts and trial by jury [is considered] to be ‘sacred’ and ‘inviolate.’” State courts ruled the arbitration agreements to be invalid. The Supreme Court found the state court rulings to be invalid under § 2 of the FAA, which states that arbitration agreements are only subject to challenge under “such grounds as exist at law or in equity for the revocation of any contract.”
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When the government needs to acquire private property for public use, it can do so through a procedure known as eminent domain. The Fifth Amendment to the United States Constitution prohibits the government from taking property from a private individual or business “without just compensation.” Eminent domain is intended to provide a means of determining fair compensation. When the government exercises eminent domain over real property that is subject to a lease, both the property owner and the lessee are entitled to compensation. A California appellate court recently ruled on a dispute between a former property owner and its former tenant in the aftermath of an eminent domain proceeding. The court’s decision addressed the various types of property that can be involved in an eminent domain or other condemnation action.

Eminent Domain in California

The California Eminent Domain Law (EDL) limits the government’s use of eminent domain to situations in which it needs private property for public use. If a civil action for eminent domain is necessary, the government must name all owners of record as defendants along with anyone else the government knows “to have or claim an interest in the property.” This includes individuals or businesses that occupy the property under a lease.

Condemnation Clauses in California Commercial Leases

A lease creates a real property interest for the lessee who is also known as the tenant. When real property is primarily used for commercial leasing purposes, lessees often stand to lose the most in eminent domain since they are the ones who will be displaced by the procedure. Therefore, many leases contain condemnation clauses, which address matters like the distribution of compensation if the property becomes unavailable or unusable because of government actions like eminent domain.
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Mediation gives the parties to a dispute, either during an ongoing lawsuit or in an effort to avoid one, a chance to present their cases to a neutral third party trained in dispute resolution. In order to promote candor during the mediation process, anything that is said during mediation is considered confidential under state law. California requires the parties to a mediation to follow specific procedures to ensure that any written agreement resulting from mediation is admissible in court. This may be necessary in order to have the parties’ agreement entered as a judgment or to have it be enforceable as a contract.

Confidentiality of Mediations Under California Law

Under the California Evidence Code, statements made during mediation, whether oral or written, are not admissible in any noncriminal judicial, administrative, or arbitration proceeding. Any and all communications between the parties involved in mediation or between them and the mediator must remain confidential.

State law makes an exception for written settlement agreements prepared during or at the end of mediation, provided that all parties consent in writing to disclosure of the document. If the document meets all of these requirements, a court may rely on it to enter a judgment in a civil proceeding. Otherwise, the document is not admissible as evidence.
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