Software & Open Source

Pearl Cohen’s software & open source team provides services across all legal aspects of PC software, mobile apps, web-based applications, and embedded software and firmware. This includes patent drafting of software-based inventions, software copyright registration, software licensing transactions, commissioned (outsourced) software development contracts, end-user license agreements (EULAs), Software-as-a-Service (SaaS) agreements, enforcement of software IP rights, and Freedom to Operate (FTO) analyses and opinions.

Pearl Cohen’s software & open source  team is well-versed in electronic (digital) signature regulations and regularly provides legal guidance on the use of electronic signatures in complex software applications.

Pearl Cohen’s attorneys also provide a comprehensive package of legal services in the realm of Open Source Software (OSS), including:

• Legal guidance on compliant use of popular OSS, while maintaining the confidentiality of proprietary software code.
• Legal advice on the integration of GPL & LGPL software with proprietary software code.
• Drafting, establishing, and implementing corporate policies on the use, development, integration, and distribution of OSS.
• Conducting Due Diligence review of OSS and its use.
• Advising corporate OSS compliance boards on prudent use and integration of open source software.
• Legal opinions regarding open source software.
• Training sessions to software development teams on the do’s and don’ts of utilizing OSS.
• Integration of corporate open source governance policies with automatic tools for OSS scanning.
• Litigation: members of our Israel offices have represented the defendants in the first Israeli court case to deal with the integration of GPL and proprietary software code. (Marianovsky v. IChessU, in the District Court of Tel-Aviv).

We represent a diverse group of technology producers across the computer science spectrum, from software, computer networks, and operating systems to firmware and digital information processing algorithms. In these dynamic fields, our experts excel in identifying and protecting the innovative aspects of our clients’ technology.

Recognizing the importance of software in daily business procedures, Pearl Cohen professionals are attuned to the most up-to-date legal trends in protecting software in various jurisdictions worldwide, including via utility patents, design patents, copyrights, trade secrets, licensing, end-user license agreements (EULAs), Software-as-a-Service (SaaS) agreements, and Open Source Software (OSS) considerations.

Given the ubiquity of portable computing platforms such as smartphones, tablet PCs and other mobile devices, our attorneys are also well versed in the challenging task of protecting mobile apps. They employ sophisticated approaches to cover both user interface (UI) and user experience (UX) as part of an overall business perspective.

Among other segments of the computer and software arts we have unique expertise in protecting:

• Microprocessor and computer architecture, including systems on chip (SoC), embedded systems, memory management, and storage.
• Computer networks, including Internet infrastructure and cyber security.
• Video and image processing, including computer vision, augmented reality (AR), and virtual reality (VR).
• Audio processing, including voice recognition and analysis.
• Crowdsourcing and “big data.”
• Human-machine interface, including natural user interface (NUI).
• Machine-to-machine (M2M) communications.
• Social networks and advertising.
• Smartphone apps.
• Software tools for the financial services sector and FinTech (financial technologies) industries.