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EULA

Morrison & Foerster LLP

All Your Sale Are Belong to Us - Mitigating IP and Payments Risk in In-Game Economies

The digital age has ushered in innovative forms of entertainment and commerce, including through the development of in-game economies. In recent years, the digital landscape of gaming has expanded beyond mere entertainment,...more

Wiley Rein LLP

Five Lessons to Prevent Government Abuse of Commercial Software Licenses

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When the U.S. Government licenses commercial software, it generally does so under the same terms as any other commercial software licensee, unless the terms of that license are inconsistent with federal law or do not...more

Bass, Berry & Sims PLC

Dispensing of a Significant Jurisdictional Hurdle, Federal Circuit Holds Incorporated EULA Confers Jurisdiction

Bass, Berry & Sims PLC on

On March 6, the Federal Circuit held that a software company sufficiently established jurisdiction under the Contract Dispute Act (CDA) where its end-user license agreement (EULA) was incorporated into another contractor’s...more

Sheppard Mullin Richter & Hampton LLP

Finally Invited to the Party? Federal Circuit Opens the Door for Software Companies Selling Through Resellers to Bring a Contract...

In January 2022, we warned software companies selling indirectly against attempting to enforce the terms of their End User License Agreement (“EULA”) directly against the Federal Government based on the decision of the...more

Fenwick & West LLP

The Power of Procurement Contracts: Software Manufacturer May Bring IP Claims Against Federal Agency

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A glimmer of hope from the Federal Circuit for software manufacturers looking to enforce license agreements against the U.S. Federal Government. In an order issued March 6, 2024, the court said entities licensing software...more

Hogan Lovells

Tech company that sells Indirectly to government may proceed with breach claims

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Last week, the United States Court of Appeals for the Federal Circuit (Federal Circuit) held that a software licensor may proceed with its claim that the Federal Government breached its software end user license agreement...more

Wiley Rein LLP

CAFC Releases Decision Addressing CBCA’s Jurisdiction over Software Developers Claiming to be Parties to a Procurement Contract

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In Avue Technologies Corporation v. Secretary of Health and Human Services, Administrator of the General Services Administration (Case No. 22-1784), the United States Court of Appeals for the Federal Circuit vacated the...more

Manatt, Phelps & Phillips, LLP

Treble Damages Require Willful, Knowing Conduct, Ninth Circuit Says

The Ninth U.S. Circuit Court of Appeals recently weighed in on treble damages in a Telephone Consumer Protection Act (TCPA) dispute involving junk faxes. True Health Chiropractic sued McKesson Corp. for violating the...more

Wiley Rein LLP

COFC Releases Decision on Damages Owed by DOD in Copyright Infringement Case

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The U.S. Court of Federal Claims (COFC) recently unsealed its decision on damages for copyright infringement by the U.S. Department of Defense (DOD) in 4DD Holdings, Inc. v. United States (Case No. 15-945C). The Court awarded...more

Vondran Legal

Attorney Steve® 2023 First Annual Software Piracy Compliance & Enforcement Awards

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Having handled nearly a 1,000 software compliance audits with copyright clients large and small, I am setting forth my findings of the best to the worst companies, in my opinion, in terms of fairness, undue aggressiveness,...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Clarifies Standards for Certifying a Class and Determining Treble Damages Under TCPA

Last week, the Ninth Circuit in True Health Chiropractic, Inc. v. McKesson Corp. (True Health II), No. 22-15710 (9th Cir. Oct. 25, 2023), affirmed the Northern District of California’s earlier ruling in True Health...more

Jones Day

Vital Signs Digital Health Law Update | Summer 2023

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We bring you Vital Signs, a curated, one-stop resource on the most notable digital health law updates from our U.S. and global contributors. In Industry Insights, we take an in-depth look at generative artificial intelligence...more

Jones Day

Generative AI End-User License Agreements: What Users Need to Know

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In Short - The Background: The prevalence of generative artificial intelligence ("GenAI") is rapidly expanding, providing vast opportunities for efficiency and innovation, while also creating new risks....more

Jones Day

Trade Secrets and Generative AI: Protective Measures In an Evolving Technological Landscape

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In Short - The Background: In recent months, artificial intelligence ("AI") platforms have taken the world by storm, introducing new, powerful tools for generating original and useful content based on training data and user...more

Vondran Legal

Autodesk Internal Getting Very Aggressive in 2023 Beware of Over-Assigning Licenses

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Introduction - This blog will discuss some of the important aspects of an Autodesk audit when your company receives what we refer to as the “love letter” demanding that a company submit to their software audit request, and...more

Wiley Rein LLP

Board of Contract Appeals Holds That Software Licensor Who Delivered Software Through GSA Reseller Cannot Pursue Claim Directly...

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In a decision of first impression that could have significant implications for the many commercial software vendors who license software to the U.S. Government through U.S. General Services Administration (GSA) Schedule...more

Sheppard Mullin Richter & Hampton LLP

Software Companies Beware: Board Holds Subcontractor Cannot Enforce EULA Directly Against Federal Government

Software companies selling indirectly to the Federal Government finally received an answer to a question that has lingered for years – can a software company going to market through a reseller bring a direct claim under the...more

Morgan Lewis - Tech & Sourcing

Software Resale in the UK and EU: Commercial Agency Considerations

The Court of Justice of the European Union (CJEU) has held in Case C-410/19 The Software Incubator Ltd v Computer Associates (UK) Ltd that the supply of software by electronic means, where accompanied by the grant of a...more

Proskauer - New Media & Technology

Court Enforces Arbitration Clause in Online Terms of Service Accepted by a Minor

Epic Games, Inc. (“Epic”) is the publisher of the popular online multiplayer videogame Fortnite, released in 2017. In recent years, Fortnight has gained worldwide popularity with gamers and esports followers (culminating in...more

Manatt, Phelps & Phillips, LLP

Dispute Over Children’s Data Dodges Arbitration

A federal judge in California denied the motion of Viacom, Inc., to compel arbitration in a putative class action challenging the company’s use of children’s data for targeted advertising....more

Jackson Walker

Internet of Things Part 3: How Your Smart Toothbrush Is An Idea Worth Protecting

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Let’s set the scene: My new company develops a smart toothbrush from the ground up. It brushes your teeth, provides you with real-time information about your dental health while you brush, and even provides targeted...more

McDermott Will & Emery

No Specific Personal Jurisdiction Arises from Activities Before Patent Issued

Addressing the issue of personal jurisdiction over an alleged infringement defendant, the US Court of Appeals for the Federal Circuit affirmed the district court’s dismissal of the complaint, finding no specific jurisdiction...more

Morrison & Foerster LLP

Terms And Conditions For Your App: 6 Key Considerations

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For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website. Originally published in Law360,...more

Foley & Lardner LLP

Beware the Scrollable Window: The Seventh Circuit Strikes Down an Internet Contract

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If you’re like us—and most others, we’ll venture to guess—you’ve never read all the terms and conditions of the iTunes end-user license agreement. We doubt that it’s a scintillating read, but, regardless, most...more

Cooley LLP

Alert: You Can't Hide Behind Your EULA

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Companies trying to shift liability for data breach by hiding catch-all exclusion clauses in End User Licence Agreements (EULAs) can learn from one company's latest antics. What's happened? At the end of last year,...more

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