China: government issues licences for three antiretrovirals

The Chinese government has approved the production and sale of at least three generic antiretroviral drugs used in treating people living with HIV/AIDS. The first applications were filed in late 2001 and approved in August and September 2002.     

Computer game licences: The EULA and its discontents

This article considers the legal efficacy of terms found in the end-user licences (EULAs) of Massively Multiplayer Online Role-Playing Games (MMORPGs). The article focuses on selected terms in the EULAs of well-known MMORPGs, Everquest and Runescape as well as a more recent MMORPG, Path of Exile. Although there are many examples of inappropriate and unenforceable terms in EULAs, computer games provide a particularly salient example. Eager for access to a game, players accept the EULA without question and, unaware of their rights or keen to avoid costly litigation, rarely challenge the terms. Given the value of the games industry to the international economy, the article recommends that international guidance for EULA content is needed.     

The Creative Commons licences through moral rights provisions in French law

Since 2002, Creative Commons has been continuously evolving in order to create a licensing scheme that not only fulfils the needs of the author but also stays compatible with already existing national copyright laws. The extent of the respect of moral rights provisions has always been highlighted during the licences’ evolution. This Article first examines whether moral rights are expressly mentioned in the licences and if so, what their treatment is. Each element of the moral rights in the French system will be considered in order to verify their compatibility with the Creative Commons licences. In this context, it will be also asserted whether some existing clauses in the licence contradict with the moral rights of authors. The Article will conclude that although a more flexible interpretation of moral rights provisions is needed when dealing with open content licences, it is essential that Creative Commons addresses the aspects of the licences that are identified as problematic in relation to moral rights. Finally, it will be demonstrated that regardless of the legal status of the licences, the authors' responsibility towards their rights is what will ultimately be the safeguard of their creations' path.     

The software patent debate

Legal context. This article has practical application for thoseworking in the patent field, particularly with regards to thefiling of software patent applications. Key points. The article provides a detailed explanation of thestate of the art with regards to the legal protection of software,and describes the latest legal developments in the area, includingthe failed Directive on Computer Implemented Inventions andsome recent cases that may shed more light on some of the technicalissues involved in the area of software. The paper also exploressome of the arguments put forward by those in favour and opposedto software patents, in order to ascertain their validity. Practical significance. Existing case law may provide help tosolve the problem of patentability, but it might also be a goodidea to resurrect the idea that there should be a sui-generissoftware right.     

FDA regulation of medical software

Currently the FDA is reviewing its policy on the regulation of computer software in the medical arena. Healthcare practitioners hope that the FDA will take the least possible regulatory action required by law to fulfill its public health responsibility and will take into account the unique status of the ever-changing software industry. Innovations in telemedicine and medical informatics have yielded significant improvements in the quality and cost of healthcare, and the imposition of cumbersome regulatory requirements on the medical software industry would slow the development and introduction of medical software products.     

Unincorporated software as idea: US Supreme Court limits extraterritorial effect of US patents for software inventions

The US Supreme Court has limited the extraterritorial effectof US patents for software inventions, reversing the previousexpansive interpretation of the Federal Circuit.