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From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
Further to our recent blog (see Bitcoin – legal tender of the future or fad?), Forbes reported yesterday via contributor Jon Matonis, who sits on the Board of Directors of the Bitcoin Foundation in California, that California’s Department of Financial Institutions (DFI) issued a cease and desist letter to the Bitcoin Foundation. The Foundation is accused of engaging in money transmission without obtaining a licence or proper authorisation to do so under the California Financial Code and is warned to desist in doing so. Violating the California Financial Code can lead to criminal prosecution resulting in a fine and/or imprisonment as well as civil fines.
Bitcoin (BTC) is the world’s newest currency, pushing the Euro out of that coveted spot. It is not your traditional currency however; it is a digital, decentralised currency based on open source.
Whilst the economic advantages of cloud computing services are compelling, there are major legal risks which, in certain situations, outweigh the potential cost benefits.
A recent ruling by the European Court of Justice has changed the landscape for software suppliers and users.
In general terms, it now seems that if you grant a perpetual licence to a licensee either by installation or download, the licensee will be free to transfer the licence to a third party buyer even if the licence was clearly expressed to be “non-transferable”.
The precise placement of the boundary line between gaming and gambling is a matter that inevitably provokes strong reactions from operators, lawyers and legislators. The classification of an activity as falling into either camp carries not only social connotations, but also very real legal and regulatory implications.
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