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Covid-19 Pandemic and Technology

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During the Covid-19 Pandemic

How to Protect Computer Programs and Software

Copyright and Patent IP Protection

How to Navigate Your Way Thru This Craziness!

Over the many years, I have been involved in the intellectual property protection of computer programs.  Whether the client has come up with software which applies to accounting, oil & gas applications, or even advanced artificial intelligence, the underlying legal and business issue is whether the invention can be protected by a copyright or patent.  This can seem quite complex and confusing. It’s really not difficult at all.

         Most inventors approach the Moster Law Firm when the computer program is at its beta testing phase or shortly before.  The client will typically send me a link or demonstrate the operation of the system in my law office.  It is always fascinating, whether it works or not!

         My initial advice is to protect the Intellectual Property by taking immediate steps.  Inventors invariably fail to see the value of their technology and often think that anyone could come up with the idea.  This is dead wrong and I try to dissuade the client almost immediately of this false notion.  I emphasize that the world is full of people who will steal your idea in a heartbeat and misappropriate your IP for their financial gain.

         My recommendation is typically two-fold: get a copyright and at least a provisional patent if the software qualifies.  First as to copyrights which apply to various original works like books, music, and artwork.  Computer programs are considered a literary work and can be copyrighted under federal law. If you think about it, computer programs are based on configurations of code, not unlike a combination of words which comprise a novel.  An important nuance many are unaware of is that the actual pages of code can be redacted to prevent a competitor from reverse engineering your hard work.  You don’t have to copyright the entire code but excerpts from the beginning and end and highly edited if the code constitutes a trade secret which it almost certainly does.  Critically, you must get a copyright filed to assert enforcement rights to prevent third parties from stealing your original work.  Copyright laws provide a myriad of enforcement remedies from getting an injunction to damages.  The life of a copyright is equal to the author’s lifetime plus 70 years.

         A patent is also available but only if the program provides specific functionality and does not solely constitute an abstract idea.  This is exceedingly difficult for a non-lawyer to understand and requires the knowledge and counsel of an experienced patent attorney.  Assuming the invention qualifies, there are two options at vastly different costs.  The least expensive and most expeditious route is to get a provisional patent also known as a patent pending.  This is simply a filing which is not examined by the patent office but protects the invention for one year subject to the filing of a vetted utility patent.  The latter is a far more expensive undertaking than the former. 

         Many inventors will opt for a provisional patent as it gives them time to present their new protected technology to potential investors and test the market.  The lifespan of a patent is a mere 20 years.

         

We love working with new ideas in the field of technology in any sector area.  Feel free to give us a call at the Turing Technology Group to find out more. 

 Let’s Visit.  Call 806-778-6486 or Click Here to send us a message.

 

The new technologies and computer systems of the 2020’s

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The new technologies and computer systems of the 2020’s –

Will we pass the Turing Test?

By Charles Moster, Esq.

Founder/Moster Law Firm

 

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The 2020’s will see a rapid transformation of new computer and software technology which will fundamentally change the way we do business in the 21st Century.  This massive shift in technology has been predicted by computer scientists and visionaries like Ray Kurzweil in his fascinating book, The Spiritual Age of Machines, and in my own works, Teilhard’s Arrow – A New Theory of Everything and Midnight at Mount Vernon – the Cyber-Surrender of the United States of America.

         We all know that computer capacity has increased at almost exponential rates as predicted by Moore’s Law.  Finally, with the advent of new computer programs and fledgling software based on quantum and even “wetware” technologies, our intelligent systems are beginning to approximate human level intelligence.  That said, will these systems ultimately pass the Turing Test as exemplified by such wonderful movies as Ex Machina and Her?  My answer is an unqualified, “Yes!”.

         I have worked as an attorney in the IP protection of these systems and startup of the new technology companies.  I am also a Co-Founder of a Texas company which is attempting to create the worlds first interactive computer capable of passing the Turing Test.  Although we are definitely on the verge of passing the Turing Test, the first applications will not be as elaborate or “dramatic” as the flirtatious and toxic AI systems otherwise known as Ava and Samantha in the previous films above cited. 

My prediction is that we will see and experience the replacement of entire human sectors of our economy over the next ten years with the first onslaught in the area of customer service. Employees in this sector occupy entry level positions in many of the largest corporations in America and field a myriad of functions from answering the phone, responding the customer inquiries, and compiling/processing information.  Critically, they reflect the” brand” of the companies they work for in an attempt (not always successful) to convey competence, customer service, and caring. 

         As any employer is keenly aware, a poorly placed or trained customer service representative can kill a business by repelling existing and new clients.  Employee retention is extremely difficult and attrition a constant challenge.  The new AI systems will replace this entire sector of the economy in short order.      

         I am proud that many of these new technologies are being spawned in the TexaPlex, a huge sector of innovation which extends from Austin to San Antonio and on up to Houston and Dallas.  As I type away, new companies are emerging to develop these systems and bring them to market.

         The Moster Law Firm Dallas & TexaPlex is uniquely positioned to provide integrated legal and business services to emerging companies and startups in Dallas, Houston, Austin, and the TexaPlex.  Our forte is to launch new technology businesses and provide the sophisticated legal services our clients demand including corporate, intellectual property, and employment. 

         Our first order of business is protecting the IP of our founders and inventors through our patent, copyright, and other legal services designed to prevent the theft or misappropriation of new technologies.  This is usually a critical and immediate issue for our clients who are concerned that competitors or even employees within their own companies might abscond with the family’s IP jewels.  We have various rapid solutions to offer in that regard.

         Additionally, we stand ready to safeguard the ownership and financial interests of our clients who require seasoned and vigilant guidance during the early stage operations of their technology companies.  A poorly constructed partnership agreement or inability to protect ownership and control within the context of venture capital infusion can derail new ventures before they launch or shortly thereafter.  An often-overlooked element is the implementation of employee agreements necessary to protect trade secrets from inception.  The Texas Uniform Trade Secrets Act, passed a few years back by our legislature, offers an array of IP protections and new safeguards for our clients.

         Critically, these new companies also require counsel and advice on how to bring their products and services to market including distribution and licensing regimes and agreements.  We stand ready to assist.

         At Moster Law Dallas & TexaPlex we are excited about the future which is being forged every day by our technology clients in a myriad of industries including medical, energy, financial, insurance, retail, and services.

         Feel free to give us a call to discuss your new technologies and critically, your dreams of the future.   Visit us at our unique Turing Technology Group ™ to find out more.

         Click Here – Let’s visit. or Call 806-778-6486

Covid Law Business Response Team

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          The Moster Law Firm’s

     Covid Law Business Response

Covid Law Business Response

Covid-19 The Perfect Storm

         “Unprecedented times require

unprecedented focus and legal solutions.” ™

COVID has destroyed entire economic markets in all sectors
affecting our clients from restaurants/bars/hospitality to Oil & Gas,
transportation, agriculture, distribution, industrial, finance,

and even technology.

We are here to help with the issues you face !  

 click www.themosterlawfirm.com/covid
              or call 806-778-6486 .

How Not to Snatch Defeat from the Jaws of Legal Victory in Lubbock and Amarillo

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The key to winning a case before the Lubbock court or Amarillo court – or any court for that matter – fundamentally turns on the strength of your legal team. Obviously, having a good hand to play as to the facts and evidence is critically important. That said, an ineffective legal team can snatch defeat from the jaws of victory. So what steps should a client consider to increase the probability of success? Here are a few suggestions: Read More

What Everyone Gets Wrong About Copyrights

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Having represented clients in the area of intellectual property for many years, I am surprised how much incorrect information is out there regarding copyrights and the importance of copyright protection. Here are a few of the major misconceptions that clients often harbor:

1. If you mail yourself back a copy of your original work that counts as a proper trademark.

Read More

How to Lose a Lawsuit in Lubbock or Amarillo Without Really Trying

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This is how it starts. Your former partner, ex-wife/husband, or competitor publishes in the local newspaper that you have an IQ of 50, that you operate a still in your backyard or otherwise disparage your reputation and/or family dog. You are angry, humiliated, victimized and you are ready to strike back by filing a lawsuit. Enough is enough! It’s time to lawyer-up and get even.
Read More

How to Fail at Business in Lubbock or Amarillo Without Really Trying

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I consider myself and law firm to be forward looking and optimistic. Hence, I believe this is the first time I used the word “fail” in any article about business in Lubbock, Amarillo, or anywhere else! That said, with but two weeks in the New Year, I have witnessed the same candidates for business failure meander into my law office. These individuals share many of the same traits which unfortunately point them and their ventures decidedly in the direction of failure in Lubbock, Amarillo, and West Texas. The most common attribute is that they have always cut corners and think that lawyers are a waste of time and money. In their view, any legal advice or documentation needed to start and maintain a business can be found on Wikipedia or Google. Unfortunately, many of these new businesses will not be around after the first year of operation.
Read More

West Texas Litigation Gunslingers Part 2

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You’ve worked so hard to build a successful business in Lubbock and Amarillo and have overcome every obstacle imaginable. You have watched the bottom line, controlled expenses, and very carefully expanded your business to finally show a profit. All of those 14 hour days are paying off, right? That is, until you receive a certified letter which was timed to reach you on December 31, 2015! Happy New Year!

Your largest client is claiming that your company’s services were deficient and that no further payment will be tendered. Problem is, this client is your largest receivable and you have already sunk over 60K in expenses into the deal to boot. Suddenly, the rosy financial outlook for 2016 looks exceedingly glum. Who do you call? It’s time to saddle up and find an experienced litigation gunslinger to come to your assistance. However, unlike the John Wayne movies of old, litigation does not resolve itself with the finality of a brawl in the ole town square – although it may feel that way! Here are a few tips when you need to fire the first litigation shot in Lubbock, Amarillo, or West Texas. Read More

West Texas Litigation Gunslingers

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When your Amarillo or Lubbock Business is on the Civil Litigation Defense

The world of civil litigation is far removed from the Wild West even in Amarillo and Lubbock! That said, with the proliferation of law school grads and law firms, the rough and tumble world of the Wild West is not a bad metaphor. So should you fire first or look for a good defensive position? Well it depends on a host of factors. So let’s put the ole gun in the holster and consider some basic advice. Read More

The Paine Pill

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The Paine Pill – The Prescription for a New America – was inspired by Thomas Paine’s Advocacy Pamphlet, Common Sense, which motivated people in the Thirteen Colonies to declare and fight for their independence from England in the summer of 1776. True to the spirit of Thomas Paine’s writings, this work seeks to declare the independence of the 50 States of our Union from the Tyranny of the Federal Deficit and impending bankruptcy of our great nation.

Chapter 1 – Welcome Aboard

In the first hundred days of his new administration, Franklin Delano Roosevelt proposed and secured passage of massive legislation which fundamentally reconfigured the relationship between the Federal Government, states, and its citizens. The so-called alphabet soup of new programs and agencies changed the socio-political and economic landscape overnight and – unfortunately – has become the accepted architecture of government in 2015. Although the underpinning of the “New Deal” had noble intentions, it has passed on to future generation a legacy of unsustainable growth in government, reckless spending, and a debt which continues to expand exponentially. This doctrine of unaccountable spending is unsustainable and will ultimately render our society – the grand democratic experiment of our Founding Fathers – unsustainable as well.

CLICK HERE TO READ/DOWNLOAD THE PDF