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This is the second of two postings that outline key pricing protections you should consider negotiating with licensors of ERP software to provide flexibility and predictability in managing the ongoing license and maintenance...more
This article, which focuses on the iOS Developer Program License Agreement, is the second of two articles geared at helping app developers understand the fine print of the agreements they are asked to enter into with the...more
Case law teaches contractors a valuable lesson when dealing with ownership of copyright. It is essential to deal with each party’s position, typically through a written copyright licence, to avoid pitfalls further down the...more
For software vendors, open source software (OSS) should be treated like a compliance issue - in the same way that corporate, securities or environmental compliance is a concern for many companies. The failure to manage...more
An Autodesk settlement agreement contains the typical payment and release language, but sometimes the agreements also contain non-monetary provisions that audit targets must follow. Scott & Scott, LLP attorney, Brian...more
Pero v. Norfolk S. Ry., Co., 2014 WL 6772619 (E.D. Tenn. Dec. 1, 2014).
In this employment law case, the plaintiff filed a motion to compel the production of a video that the plaintiff claimed demonstrated the setting...more
In This Issue:
- Look Before You Click “Agree”: The Importance of Negotiating Your Company’s Software License Agreements
- Fraud in Virginia
- Common Myths about Copyright and the Internet
- Excerpt from...more
People sometimes forget that when you click “I Accept” or “I Agree”, you are entering into a legally-binding contract with the software company or website owner. And usually, the terms of the contract are extremely one-sided...more
The Gambling Commission has updated its FAQs and has extended the deadline for the licensing of “gambling software” providers....more
Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a...more
When it comes to software license compliance, being compliant with the publisher’s licensing rules can be daunting enough. But compliance won’t stop a software audit.
Scott & Scott, LLP attorney, Brian Kirkpatrick,...more
Constantly looking for ways to increase productivity and efficiency, the energy industry is increasingly looking to innovative software solutions from technology vendors. This article offers suggestions for a company to...more
In This Issue:
- Fifth Circuit Reins In Trend of Expanding ESA Liability for Remote Harm
- Japan's Pivotal Role in the Global LNG Industry's 50-Year History
- Government of Greece to Launch New Licensing...more
In This Issue:
- Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny
- Third Circuit affirms dismissal of False Claims Act suit, citing contract...more
In contrast to the recent, public and record-breaking False Claims Act settlements with Big Pharma, the government’s intervention in a relator’s suit against a computer software company, alleging that the contractor...more
Audits Have Become More Common -
If you have received a software audit request from your software vendor or one of the industry trade groups representing software publishers, such as the Software & Information Industry...more
Oracle USA, Inc. (“Oracle”) brought suit against Rimini Street, Inc. (“Rimini”), a software support-services provider. Rimini offers licensees of Oracle products a secondary source for support of Oracle applications. In the...more
Scott & Scott, LLP attorney, Christopher Barnett, suggests that hosting providers be aware of Microsoft's licensing rules regarding deployment on the service provider's servers. Failure to do so can result in severe...more
Scott & Scott, LLP attorney, Keli Johnson Swans, says do not assume that all pre-loaded software, which may range from Adobe products to Microsoft Office or Windows operating systems, is properly licensed by the vendor or...more
Scott & Scott, LLP attorney, Brian Von Hatten, says an inadvertent transfer of a software license in an M&A transaction may result in significant penalties, including but not limited to relicensing the software already...more
Deploying a software package across the company (or most of the company) is becoming a reality for most companies. Standard processes and systems drive cost, quality and performance improvements. Unlimited deployment rights...more
You're a CIO and a major software publisher proposes an "enterprise" or an "unlimited" license arrangement. Having made its way up the chain to your desk, you are told the deal looks promising. There can be pitfalls in any...more
It pays to closely read the payment terms in your software license. Or rather, it costs if you don't read them closely enough....more
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
Earlier this week, the California Court of Appeal, First District, held that the right to replicate and install software is an intangible property right for sales-factor sourcing purposes. Thus, for the years at issue, the...more
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