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
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
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
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
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
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
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
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
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
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
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
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
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
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....more
Do you think of yourself as a potential software exporter? If you're reading this article, chances are you purchased software online from Amazon or Apple, and by doing so you agreed not to export software. As a condition of...more