News & Analysis as of

Medical Software Licensing - Tips from the Trenches

Medical offices are adopting complex software products such as electronic health record (EHR) systems and practice management systems in increasing numbers. While the ultimate hope is to improve patient care and practice...more

Windows Desktop Licensing Can Be As Perilous As Any Other Microsoft Product

Windows often is a significant source of audit exposure. Scott & Scott, LLP attorney, Christopher Barnett, discusses the issues involved in documentation for Windows licenses....more

GB: Gambling Software – licensing deadline extended

The Gambling Commission has updated its FAQs and has extended the deadline for the licensing of “gambling software” providers....more

Settlement Highlights Need for Compliance with U.S. Export Control Rules When Sponsoring Foreign Workers

The U.S. Department of Commerce’s Bureau of Industry and Security recently reached a $115,000 civil settlement agreement with a California-based global technology company on the basis that it violated several export control...more

The Vermont Department of Taxes Begins to Take a Close Look at Cloud Computing

On June 30, 2013, the Vermont sales tax moratorium on remote access to software expired. At that time, the Vermont Department of Taxes (Department) reverted to its prior position that interpreted, without any analysis, the...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

Further Key Amendments to the British Licence Conditions and Codes of Practice (LCCP)

The Gambling Commission has recently published the final two parts of its response documents detailing the changes to be introduced to the LCCP to coincide with the new point of consumption regime in Great Britain. The...more

Software Audits: Proving Ownership of Software Licenses

Proving ownership of licenses in a software audit is an arduous task. Keli Johnson Swan, Scott & Scott, LLP attorney, lists the purchase documentation auditors look for. ...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

City of Chicago Expands Lease Tax Base to Include Perpetual Software Licenses—City Continues to Ignore Its Own Ordinance

On August 6, 2013, the City of Chicago’s Department of Finance revised its June 1, 2004 Personal Property Lease Transaction Tax ("Lease Tax") Ruling #5. The revised ruling, effective September 1, 2013, expands the Lease Tax...more

Trust, But Verify with Third-Party Software Vendors

Scott & Scott, LLP cautions companies engaging the services of third-party vendors not to assume that the software licenses acquired from those vendors really are adequate to support the products deployed by those vendors. ...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

Understanding OFAC’s Newest General License Regarding Personal Communication Services in Iran

The Office of Foreign Assets Control (OFAC) recently released General License D regarding the exportation of certain services, software and hardware pertaining to personal communication exchange in Iran....more

OFAC Issues New General License Authorizing the Provision of Specified Fee-Based Personal Internet Communications Services,...

Introduction - US sanctions restrictions have traditionally exempted exchanges of information and informational materials. However, because the prohibitions on exports of software and services are sufficiently broad to...more

Business Litigation Report -- May 2013

In This Issue: Firm News: ..Quinn Emanuel to Open Sydney Office ..Firm Expands Mass Torts and Products Liability Practice ..Susheel Kirpalani Named a 2012 “Dealmaker of the Year” by The American...more

Software Licenses and Indemnities: What Obligations Are You Taking On?

License agreements often contain indemnities. An indemnity is a contractual obligation to step in and reimburse some financial obligation such as a liability, loss, or damage. In essence, the party giving the indemnity will...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

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

Robert J. Scott & Brian Von Hatten Present Strafford CLE Webinar “M&A

Scott & Scott, LLP attorneys, Robert J. Scott and Brian Von Hatten, present Strafford CLE Webinar "M&A Transactions and Software License Due Diligence” on June 20th....more

Revoking an “Implied” Software License

A license can be granted without any written agreement. It happens more often than you might think. For example, a license by verbal agreement and a “course of conduct” was granted by one party in the case of...more

Client-Licensed Microsoft Software in Hosted Environments

Christopher Barnett, Scott & Scott, LLP attorney, suggests service providers weigh their Microsoft options before committing either to a dedicated deployment or an Authorized Mobility Partner licensing model....more

Is Your Software Transmission Subject to U.S. Export Controls under the EAR?

The release of software may require an export control license from the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) under the Export Administration Regulations (the “EAR”). Software delivery has...more

The Interplay Between Digital Media and the First Sale Doctrine

The first sale doctrine allows owners of copies of copyrighted works (e.g. used books, CDs, DVDs) to resell their copies without restriction, and it is this distinction between sales and licenses that has made the licensing...more

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