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Successfully Negotiating Software License Agreements

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

Energy Newsletter - August 2014

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

White Collar Watch - July 2014

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

Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny

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

Software Audits: Strategies for Licensees

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 v. Rimini Ruling Shows Importance of Clarifying Consultants’ Rights in IT Agreements

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

Hosting Providers Have Two Options For Customer-Supplied Licenses

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

Software Compliance: Finding Authorized Vendors for Hardware with OEM Licenses

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

Managing Risk for Licensing Agreements During Merger Activities

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

Avoiding the Pitfalls of the "Unlimited" License - Four questions you should ask: The Second Question

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

Avoiding the Pitfalls of the "Unlimited" License - Four questions you should ask

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

A License to Software Should not be a License to Print Money

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

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

Microsoft Court Holds Right to Replicate Software Is an Intangible Property Right for Purposes of California’s Sales Factor...

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

Are Your Click-wrap Agreements Letting You Sleep Too Well?

You are an innovator. You work hard. You are the first to get to the functioning platform of a genius new product. But to make money on it, you have to share it, sell it and let people sample it. Of course, you worry that...more

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