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.)
IBM UK ("IBM") successfully enforced the terms of a mainframe license against the defendants who had created a competing software product....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
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
Companies (including through the use of AI) are increasingly reliant on open source software to expedite their software development. A recent case filed in California, SFC v. Vizio, calls upon the state court to interpret two...more
Software providers, asset managers, and licensees can consider various strategies to help assess risk and effectively negotiate software license compliance disputes. Software is the heartbeat of every industry. Rapid changes...more
Recently filed litigation against Microsoft Corporation, GitHub, Inc., and various OpenAI entities ("Defendants") highlights new challenges that generative artificial intelligence ("AI") presents and risks associated with...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
As society moves away from the use of on-premises software into a modern world in which software vendors offer software and services through online, hosted environments, new challenges and trends related to data use and...more
With technology deals increasingly involving open source software (OSS), clients are seeking our help analyzing OSS licenses, developing open source policies and negotiating contract terms for open source. In this episode,...more
This blog will tell you about some of the basics companies should know when faced with a licensing compliance audit. 1. Here is their audit clause 21.5 Compliance - Autodesk has the right to verify the installation of,...more
As we discussed in Part 1 of this blog series, many SaaS providers are seizing opportunities to expand their offerings and become a go-to marketplace or network, but their original contract terms and procedures often don’t...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
Software-focused transactions, involving an increasingly diverse range of participants, are now dominating the technology M&A market....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
In today’s digital age, the question isn’t whether there is open source software being used in a company’s products, but how it is being used and what license governs its use. Open source is ubiquitous. Despite its...more
Jerich Beason is joined by Don Dennis, who is an attorney focusing on copyright and trademark infringement, Internet law, defamation, trade secret misappropriation, data security breach, and privacy law. Jerich and Don...more
BITMANAGEMENT SOFTWARE GMBH v. UNITED STATES - Before NEWMAN, DYK, and O’MALLEY, Circuit Judges. Appeal from the United States Court of Federal Claims. Summary: The U.S. Navy infringed Bitmanagement’s software...more
Despite the fact that open source or so-called “free” software has been available for more than 30 years, and is likely used in the vast majority of software programs being developed today, many people remain confused as to...more
The chances are high that your company uses open source software (“OSS”) in some capacity. While the benefits of OSS are clear, it is also clear that OSS can pose significant legal risks that must be addressed. The best way...more
La Ley 1819 de 2016 (Reforma Tributaria), excluyó del impuesto sobre las ventas (IVA), entre otras los siguientes operaciones: (i) La prestación de servicios de educación virtual para el desarrollo de contenidos digitales, de...more
Law 1819 of 2016 (Tax Reform) excluded among others, the following operations from value added tax (VAT): (i) the provision in Colombia or abroad, of virtual education services for the development of digital content in...more