header-logo header-logo

28 February 2014 / Tony Sykes
Issue: 7596 / Categories: Features , Profession
printer mail-detail

Uncovering the tracks

web_sykes

Tony Sykes discusses strategies for identifying intellectual property theft

Over the last three years IT Group has seen a significant increase in the number of instructions relating to software theft. Increasingly, we are deploying techniques over and above the basic test of whether or not in our opinion two pieces of code are substantially the same, whether one derived from the other or whether they contain shareware available in the public domain. Those techniques include the analysis of “white space”, the investigation of the potential theft process (e-mail, FTP, USB etc.), the analysis of circumvention techniques and forensic dating—which came first? This short article discusses these techniques and how they apply to the available legislation—the Copyright, Designs and Patents Act 1988 (CDPA 1988) and the amendments arising from the EU Copyright Directive.

 

While the ultimate test is the application of one or more measures offered by CDPA 1988, the uncovering of the tracks to show that the original work was stolen, removed, or copied often provides very persuasive supporting evidence.

“White space” analysis

White

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll