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Website Terms of Use for application program interfaces (“API’s”) for programs that are designed to work with that website often contain a representation that the developer owns the intellectual property (“IP”) connected with that API, and that the software does not infringe on the IP rights of third parties. This can often be a source for problems, even if challenges by third parties are not well-founded.This article cautions developers to conduct proper due diligence to ensure there is no infringement of third-party IP in their software, as violation of the Terms of Use could result in the inability to use the host website.

The article discusses three legal sources for third party challenges: trade-marks (branding of the software); copyrights (copying of code); and patents.

Read the article here.

Take away:

  • Due diligence before embarking on the development of software for use with a social media platform should include a consideration of all three sources of third party IP claims.

 

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