News & Analysis as of

Week in Review

Technology's impact on privacy took center stage in news headlines this week. The New York Times and National Public Radio (NPR) both reported on alternative software tools to track employees in the workplace - one tool...more

Cloud Computing: Evolving Contracting Practices

The explosion of cloud computing is creating new common standards and changing industry contracting practices for access to these services. Cloud services providers tend to provide standard contractual terms that are largely...more

Compliance May Remain a Concern Even in the Cloud

The recent report from BSA | The Software Alliance entitled "Navigating The Cloud: Why Software Asset Management is More Important than Ever" provides a ood summary of the items businesses need to address either internally or...more

Subcontracting in the Cloud

The rise of cloud computing services and the privacy/security issues involved have been much discussed. But when customers procure cloud-based services, a critical "behind the scenes" issue is often overlooked: is the cloud...more

Adobe Creative Suite Abandons Your Desktop for The Cloud

Christopher Barnett, Scott & Scott, LLP attorney, questions whether Adobe’s move to the cloud foreshadows a larger industry trend away from locally installed and locally licensed software solutions. ...more

What's Missing from My Software as a Service (SAAS) Agreement? (Part 1)

As customers continue to embrace Software as a Service (SAAS) solutions that are hosted in the cloud, rather than traditional software solutions that are loaded onto and hosted on the customer's own environment, they should...more

Click & Copy: Breach of Online License Agreements & Copyright Infringement

My article Click and Copy: Breach of Online License Agreements and Copyright Infringement was published in Canadian Intellectual Property Review in December. The enforceability of click-through licenses for online...more

Disk or No Disk – Cloud Computing Services Not Taxable In Virginia

If you are located in Virginia and use a cloud computing service, and you (or your cloud provider) received a disk, manual, or other incidental tangible property in connection with your purchase of the service, you may have...more

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