BYTES: Open Source Software
The SaaS Tacks – The Ins and Outs of Negotiating SaaS Contracts
Software Escrow: An enterprise resiliency tool every legal department should have in their toolbox (with Don Dennis Jr.)
Our State & Local Tax Group analyzes a New York Supreme Court, Appellate Division decision holding that a taxpayer’s temporary labor services provided via software-as-a-service (SaaS) constituted taxable prewritten computer...more
In a recent decision, the Wisconsin Tax Appeals Commission drew a bright line for sourcing receipts from software for sales factor apportionment purposes: without a contract with the end-user, a company cannot source receipts...more
The European Commission’s investigation into SAP’s practices in the aftermarket for maintenance and support services related to its on-premises Enterprise Resource Planning (“ERP”) software is in its final stages....more
In this article we do a deep dive on key legal issues when buying a software business in Australia. Whether the business offers ‘traditional’ (on-premise) software, software as a service (SaaS, or other as-a-service models)...more
Open-source software (OSS), by its nature, is sometimes overlooked as part of technology transactions. OSS is often a key aspect of a business’s software ecosystem, whether it is used in internal systems or forms a...more
Succession planning has traditionally focused on transferring tangible assets where ownership and valuation were relatively simple such as real estate, inventory and equipment. However, as digital transformation reshapes...more
This post is the second in our three-part series, Gearing Up for HTLH USA 2025, where our team of attorneys will share insights on intellectual property, equity, and exit strategies and how these issues intersect in the...more
While open source software (OSS) forms the backbone of modern tech stacks and powers everything from infrastructure to AI models, many licenses come with conditions that can create unexpected legal obligations. In the first...more
The real estate development and construction industry has traditionally been driven by brick, mortar, and manpower. Yet, in today’s market, technology has become just as important a building block as concrete. From...more
Clauses dealing with intellectual property (IP) rights in commercial agreements can present nuanced challenges, particularly when they relate to information exchange. Two such clauses that often surface in technology...more
In the fast-evolving world of software licensing, mobile app, and software-as-a-service (SaaS) agreements, your end user license agreement (EULA) or end user customer agreement is more than a formality. It is a risk...more
Join Kelley Drye for a practical CLE webinar, “Avoiding Pitfalls and Trolls in Payment Agreements: Understanding How AI, Open Source and Licenses Impact the Payment Industry.” This session will help payments attorneys move...more
In the rapidly advancing digital era, software licensing disputes have become a frequent challenge for businesses worldwide. These disputes arise as companies grapple with complex software agreements and stringent compliance...more
For many reasons, existing open source licenses are not a good fit for AI. Simply put, AI involves more than just software and most open source licenses are designed primarily for software. Much work has been done by many...more
As more companies seek to spin out non-core businesses and the market for carve out divestitures heats up, counsel representing potential buyers and sellers should be prepared to identify and mitigate key risks that may arise...more
IBM UK ("IBM") successfully enforced the terms of a mainframe license against the defendants who had created a competing software product....more
On December 4, 2024, the House passed the Strengthening Agency Management and Oversight of Software Assets (SAMOSA) Act, a bipartisan bill that is now before the Senate. Under the SAMOSA Act, federal agencies are directed to...more
Use restrictions in software as a service (SaaS) agreements work in tandem with the scope of access and use rights provisions to clarify the scope of a user’s right to use a SaaS solution. These restrictions will be extremely...more
An essential feature for customers in outsourcing software licensing and arrangements is the provision of robust protection against any software that could embed and distribute malware. To address these concerns, the...more
In the rapidly evolving world of software licensing and distribution, many vendors (and therefore customers) are considering a shift from traditional customer-hosted software solutions to Software as a Service (SaaS)...more
Reliability, security, and legal compliance. These are assurances that customers purchasing technology products expect from their providers, and which are often required as part of the contracts for such products. AI...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
Partners Matt Pearson and Craig Carpenter discuss the reasons behind the urgency of SaaS contract planning and the creative ways service customers can use the terms and agreements to their advantage. Questions & Comments:...more
The development and implementation of AI-powered tools, including in SaaS platforms, have experienced a meteoric rise over the course of the last year. Businesses are understandably looking to realize competitive advantages...more
The Federal Trade Commission (FTC) recently submitted a comment to the U.S. Copyright Office in response to its “Notice of Inquiry” in the Federal Register examining copyright issues related to artificial intelligence (AI)....more