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Software IP License

Smith Anderson

Copyright Liability Could Cost You and Your Business

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Businesses can unknowingly infringe others’ copyrights in all kinds of ways. It’s important for copyright holders to know their rights. It’s also important for those using copyrighted content to be aware of common pitfalls...more

Husch Blackwell LLP

Delaware Court Grants Summary Judgment to Plaintiff in Machine Learning / AI Copyright Case

Husch Blackwell LLP on

Albert Einstein is credited with saying “the measure of intelligence is the ability to change.” In September 2023, Judge Stephanos Bibas—sitting by designation in the District of Delaware—denied plaintiff Thomson Reuters’...more

McDermott Will & Emery

Just Compensation Based on Hypothetical Negotiation

McDermott Will & Emery on

In a long-standing copyright dispute on its second visit to the US Court of Appeals for the Federal Circuit, the Court affirmed the modest damages award from the US Court of Federal Claims, ruling that a hypothetical...more

Morgan Lewis - Tech & Sourcing

Service Agreements Who Should Own Developed Intellectual Property

In the case of the ownership of intellectual property (IP) developed by a supplier as part of a service agreement with a customer, should the traditional position that the customer should own all developed IP always be the...more

Goodwin

Moving Away From Open Source: Trends in Source-Available Licensing

Goodwin on

Offering your software product under an open-source software (OSS) license has its advantages. By making the source code of your product available for redistribution and modification, and in many instances at no cost, you may...more

BakerHostetler

[Podcast] The Build-Operate-Transfer (BOT) Model: Careful Consideration

BakerHostetler on

The BOT model continues to be of great interest to companies, courtesy of its cost-saving structure, access to bigger talent pool, opportunities for resource and financial control and security. Our attorneys have been...more

Fenwick & West LLP

What Defense Innovators Need to Know About Defense Dept.’s Changes to IP Rights

Fenwick & West LLP on

The United States Department of Defense’s (DoD) supplement to the Federal Acquisition Regulation (DFARS) requires the DoD to adopt a Modular Open System Approach (MOSA), which is a technical and business strategy for open and...more

BCLP

Reviewing SAAS Agreements in the Age of AI

BCLP on

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

Goodwin

What’s Next for AI? Six Areas to Watch in 2024

Goodwin on

Generative AI (GenAI) surged to the forefront of corporate agendas and public policy debates last year, promising to boost productivity and innovation. What’s in store for AI in 2024?...more

Morgan Lewis - Tech & Sourcing

Where’s the Money? Options for Commercializing Technology, Part 2: White-Label Arrangements

In our prior post in this two-part series on less commonly discussed technology commercialization options, we addressed how open-source software (OSS) providers may make money on their products. In this Part 2, we’ll look at...more

Morgan Lewis - Tech & Sourcing

Where’s the Money? Options for Commercializing Technology, Part 1: Open Source Software

When the topic of technology commercialization strategies comes up, the most common options typically mentioned include the sale of a technology or building a business around technology by selling products or providing...more

Venable LLP

Technology Contracts: An Overview

Venable LLP on

The use, distribution, and licensing of software and technology are commonly governed by legal terms both to protect the software or technology owner intellectual property (IP) rights and to allow another permission to use or...more

Robins Kaplan LLP

In No Uncertain Terms - Strategies For Assessing And Mitigating Risk In Technology And Software License Disputes

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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

Morgan Lewis - Tech & Sourcing

Next-Gen Business Process Outsourcing: Who Owns the IP?

As noted in our recent blog posts, The Rise of Next-Gen Business Process Outsourcing and Key Contracting Issues to Consider, the core premise of next-gen business process outsourcing (BPO) includes (1) the leveraging of...more

Epiq

Software Escrow: An enterprise resiliency tool every legal department should have in their toolbox (with Don Dennis Jr.)

Epiq on

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

Morgan Lewis

Insight: Best Practices for Leveraging Open-Source Software and Mitigating Its Risks

Morgan Lewis on

Across industries, open-source software provides the foundation for a significant number of applications, with open-source components per commercial application growing more than six-fold in the last five years. ...more

Morgan Lewis - Tech & Sourcing

Important Considerations When Tech Service Providers and Life Science Companies Collaborate in the Digital Health Space

When negotiating a digital health collaboration agreement between a tech company and a life sciences company, whether for the development of artificial intelligence or other software, the provision of data hosting and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - July 2020: Font Software Licensing – "Sans" Disparagement Clause

Multinational investment bank and financial services company Goldman Sachs made headlines last month with the introduction of its proprietary, but free-to-use, “Goldman Sans” typeface. The royalty-free, nonexclusive, and...more

Sheppard Mullin Richter & Hampton LLP

Open Source-ish! What Defines Open Source and Why it Really Matters in Investments and Acquisitions

The number of different open source licenses is growing and the variation in their terms and complexity is increasing. A number of licenses that appear to be, or are commonly referred to as “open source” do not actually meet...more

Sheppard Mullin Richter & Hampton LLP

Controversial New Open Source License for Decentralized Apps – Protects Users’ Data and Cryptographic Keys

A controversial new open source license designed for use with decentralized applications was recently approved by the Open Source Initiative (OSI). The Cryptographic Autonomy License (CAL) claims to be the first open source...more

Sunstein LLP

U.S. Navy is no [Software] Pirate Despite Making 430,000 Extra Copies

Sunstein LLP on

On September 20, the U.S. Court of Federal Claims dismissed a $600 million copyright infringement claim against the U.S. Navy. Bitmanagement Software GMBH v. United States involved virtual reality software that the Navy...more

Eversheds Sutherland (US) LLP

Third time’s not the charm - New York Tribunal rejects market-based sourcing

The New York State Tax Appeals Tribunal held that a taxpayer was required, for years before 2015, to apportion its receipts based on the location of the work that generated its receipts, and not based on the location of its...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 2

USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways - On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more

Proskauer - New Media & Technology

Common Software Licensing Language at Issue in IP Dispute

Licensors of software typically utilize software license agreements providing for their ownership of the licensed software and related IP, as well as restrictions barring licensees from reverse engineering the code at issue....more

Foley & Lardner LLP

Re-Thinking Supply Chain Contracts in the World of Connected Things

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As the pace of innovation increases at an ever faster rate, many products that traditionally may not have been thought of as involving computers or software are incorporating these elements. In 2007, the iPhone revolutionized...more

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