N.Y. Case Calls Software License Speech Restrictions Into Question
Richard Raysman and Peter Brown
Software vendors often rely on clauses in their software license agreements that restrict a purchaser's rights to conduct benchmark tests or publish product reviews.
Year 2000 Tax Issues: Preventing An Even Bigger Hit To The Bottom Line
Joan Paul of Thelen LLP
This discussion focuses only on a narrow, but potentially very significant economic problem of the Y2K issue, the federal income tax consequences of a user's costs of effecting a Year 2000 fix.
The Use of Computerized Crime Mapping by Law Enforcement: Survey Results
Cynthia A. Mamalian of Department of Justice
This article examines how computerized crime mapping technology enables law enforcement agencies to analyze and correlate data sources to create a detailed snapshot of crime incidents and related factors within a community or other geographical area.
The Year 2000 Bug--The Official Pain of the New Millennium
Lori E. Lesser of Simpson Thacher & Bartlett LLP
A version of this article appeared in Distributed Computing, September 1998 ?1998 Distributed Computing, all rig.
Problems Remain with New Rules Liberalizing Export of Software Products Incorporating Encryption Functionality
Dean A. Morehous of Thelen LLP
This article discusses the new regulations released by the Clinton Administration pertaining to export of software products incorporating encryption functionality and the problems remaining after the release of these regulations.
Software Computer Piracy and Your Business
Small Business Administration
This Small Business Administration publication provides information about the pitfalls of using unauthorized copies of software.
Technology Tools for Litigation and the Law Office: Why use them and what are they?
Michael R Arkfeld of US Attorney's Office, Arizona
This article reviews different products and services which lawyers can utilize for the streamlining of their workflow.
Software Financing: The Perplexities of a Program Agreement
William S. Veatch of Cooley Godward Kronish LLP
The article examines the most common structure of software financing: 100 percent financing of software in which software is financed pursuant to a software financing program agreement.
Computer Purchase And Software Development Contracts
Robert F. Scholz of Niles, Barton & Wilmer, LLP
Many business people facing computer related aqcquisitions are uncertain as to when to use consultants and attorney.
Recent Cases Reveal Gaps in Draft Antitrust/IP Guidelines
Ronald S. Katz of Coudert Brothers LLP
After two administrations in which the antitrust laws were not a high priority, many expected that the current administration's antitrust enforcers would bring sorely needed competence and energy to the high technology sector. Disappointment was widespread with the Antitrust Division's first major high-technology action - the Microsoft stipulated judgment.
The Computer as a Lawyer-Saving Device
Marc R. Lauritsen
This article discusses how computers can assist both lawyers and the public.
Statute of Frauds Bars Claim Under Software Agreement
Stefanie K. Longhofer of Honigman Miller Schwartz and Cohn LLP
Plaintiff sued to enforce an agreement that would have terminated four software development agreements and resolved.
If You Use A Shrinkwrap License It May Not Be Enforceable: Mass Market Software & The Shrinkwrap License
Lloyd L. Rich of The Law Office of Lloyd L. Rich
Recent court decisions have concluded that mass market computer software transactions will be treated as the sale of goods under the UCC. As a result, the shrinkwrap license loses its validity.
Litigating Y2K: A Class Act(ion)
Steven R. Garcia of Knapp, Petersen & Clarke
As we approach the year 2000, the Millennium Bug-the computer glitch caused by some computers not recognizing the ".
Y2K Liability
Dugan, Brinkmann, Maginnis & Pace
One of the emerging trends in the law is the concern over Year 2000 (Y2K) liability. Speculation is widespread that.
Can a Software Agreement be a Security Under Oregon Law?
Robert Rosenthal of Robert Rosenthal P.C.
Hypothetical XYZ Software Company, ("XYZ") an Oregon corporation, sells its "Solve-it-All" sof.
Tax Treatment of Year 2000 Costs
Pillsbury Winthrop Shaw Pittman LLP
On November 10, 1997, the Internal Revenue Service released Revenue Procedure 97-50, in which the IRS set forth it.
Planning for the "Year 2000 Issue"
Partridge Snow & Hahn LLP
With the year 2000 fast approaching, many companies have questions about the impact that the "Year 2000 Issue" (ot.
Digging Up the Dirt--The Importance of Due Diligence when Buying a Business
Richard N. Drake of Womble Carlyle Sandridge & Rice, PLLC
(Published in the September 11, 1998 issue of "Triad Business News." Used by permission.) In our previous article.
Beware: Year 2000 Lawsuits Ahead!
Gale White of White and Williams LLP
Y2K. No, this is not the latest Calvin Klein scent. This shorthand for the Year 2000 has been haunting corporate he.
Making Money In Multimedia Means Bridging The Gap Between Industries
Craig Andrews and John A. Denniston of Brobeck Phleger & Harrison LLP
This article discusses the consolidation that is taking place is the multimedia market.
Protecting Intellectual Property
George F. Eaton of Rudman & Winchell
Years ago, the most important assets of a business were often limited to land, buildings, machinery and equipment, and although manpower was important, it was also fungible.
Protecting The Crown Jewels
George S. Takach of Lexpert
Through proactive management, and particularly by means of an intellectual property (IP) audit, information-based assets can be corralled so that they may be fully exploited for profit and strategic competitive advantage.
The Risks of Open Source Software
Rauer L. Meyer and Heather Stewart of Thelen LLP
Open source software, exemplified by the Linux operating system, is a revolutionary approach to software that is being adopted by many companies. However, the filing of a lawsuit by SCO Group against IBM in March 2003, asserting ownership of key parts of Linux, and SCO's increasing threats against corporate users of Linux, have revealed risks previously overlooked.
Fact Sheet: Guidelines for Preparing Encryption License Applications
U.S. Department of Commerce
This documents provides assistance in preparing all licensee applications, including technology transfers, hardware and/or software development, manufacturing arrangements, and resale/transfer of encryption items.
Technology Law--Not Just for Lawyers
Paula H. Krone of Law Office of Paula H. Krone
What exactly is technology law? We've all heard the term "intellectual property" which has been around for a .
Potential Y2K Breach of Contract Claims
Pillsbury Winthrop Shaw Pittman LLP
Breach of Contract Contracts are instruments for the allocation of future risks. Most include warranties - ei.
The Year 2000 Software Crisis: Management and Legal Gauntlet of the Millennium
Steven L. Hock of Thelen LLP
This article provides a discussion of the business sided issues surrounding the Y2K software problems and lists some steps that corporate management should consider when preparing a strategy to deal with this problem.
Thinking Points for a Full Company Response to the Year 2000 Software Crisis
Jonathan E. Polonsky of Thelen LLP
This article provides a checklist of issues that each company's management and its Year 2000 Project team will have to confront in the near future as they address Year 2000 remediation and compliance.
Computerizing Your Business
Small Business Administration
This publication provides information on the purchase and use of computers in a small business.
Litigation Already Underway
Craig Allan MacDonnell of Keegan Werlin LLP
Introduction When it comes to the Y2K problem, nothing is absolutely certain and many things are very uncertain.
Sales & Use Taxes for 1998-99
John P. Pavia of Levy & Droney P.C.
During Connecticut's recently completed legislative session, attempts were made to simplify Connecticut's Sales .
A Buyer's Guide to Special-Interest Groups
Timothy F. Haslach of Schwabe, Williamson & Wyatt
For some time, silicon and hardware manufacturers have participated in cooperative programs for the development and promotion of widely adopted specifications. Such Special Interest Groups (SIGs) are crossing increasingly into the realm of combined software and hardware, or purely software specifications.
Court Evaluates Meaning of "Derivative Work" in an Open Source License
Laura A. Majerus of Fenwick & West LLP
The first court case involving the Gnu Public License (GPL) has been filed in Federal Court in Massachusetts, and all lawyers who counsel clients on open source matters should be aware of its existence, even though the case itself has so far provided little substantive help with open source interpretation issues.
Investment and Operating in Restricted Industries in China
Fred M. Greguras of Fenwick & West LLP
There are a number of business sectors in China such as telecommunications services, online commerce and advertising in which direct foreign investment is restricted. Limits are placed on the percentage amount of foreign ownership of companies in these sectors. Foreign ownership in these sectors may also increase the difficulty of obtaining government operating permits. Nevertheless, some of these heavily regulated sectors present substantial market opportunities.
A Passport Through Issues in Global Outsourcing
John Dieffenbach of Kaye Scholer LLP
Belt-tightening in technology spending is bad news for hardware and software vendors but not always for technology service providers. Vendors in the outsourcing industry whose services can provide strategic cost-cutting often see a spike in demand as businesses seek to reduce overhead and personnel to meet financial targets.
Don't Forget The Computer Contract: Licensing in the Boardroom
Michael R. Cohen of Merchant & Gould P.C.
Licensing in or purchasing a new computer system is fraught with danger if those negotiating the contract fail to ensure that certain provisions are included. Michael R Cohen, of Merchant & Gould in Minneapolis, explains what should not be left out of any systems deal
YEAR 2000 Public Company Disclosure Update
DLA Piper LLP
This article reviews the Securities and Exchange Commission's November 1998 guidance regarding Year 2000 disclosure.
Squash the BugÃÂ
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Jeffrey M. Schlossberg of Schlossberg & Associates P.C.
There are less than 400 days left to the new millennium and already we have the first buzz word, Y2K. We have been .
Legal Issues and Risks of the Year 2000 Problem
Rauer L. Meyer and Steven L. Hock of Thelen LLP
This article provides some thoughts on avoiding legal liability, as well as a checklist of issues to keep in mind when dealing with the Y2K computer problem.
What to Consider in a Bioinformatics-Related Transaction
Goodwin Procter LLP
With sufficient fanfare, the race to sequence the human genome ended about a year ago when the publicly funded Human Genome Project and private company Celera made their research public. Likened to Watson and Crick's breaking of the DNA code in 1953, this biotechnological achievement will have (and has already had) far-reaching implications.
Patents on Methods of Doing Business
Michael A. Mann of Nexsen Pruet
This article explains the state of the law on patents on methods of doing business.
Y2K Causes of ActionÃÂ
Covered?
Donald L. Myles of Jones, Skelton & Hochuli, P.L.C.
Although many people are scrambling to find a hotel room in Las Vegas to ring in the new millennium, business peopl.
The Need for Immediate Action at the Highest Corporate Levels to Solve The Year 2000 Software Crisis
Steven L. Hock of Thelen LLP
This article illustrates the immediate need for corporations to address the Y2K computer problem before the task becomes too large to accomplish in the remaining time before Year 2000 comes.
Preparing Your Business For The Year 2000
Gary P. Biehn of White and Williams LLP
By the date of this article, there are fewer than 500 days remaining to prepare for the much anticipated beginning .
Revisiting Key Provisions in Software and Outsourcing Agreements
William A. Tanenbaum of Kaye Scholer LLP
Key provisions in software license and outsourcing agreements should be revisited and updated in light of the events of 9/11 and changes in privacy laws, intellectual property practices, and the business purposes of information technology projects. Central to this is the use of technology to implement business transformation, that is, the use of software and outsourcing to improve, or transform, a company's business operations.
The Human Face of Fraud
of Kroll Lindquist Avey
Dan Kerr had a towering ego. That was one of the reasons he was the top salesperson with Forrest Machinery Ltd., a medium-sized company that sold heavy equipment in Northern Ontario . But that same egocentricity was also the source of his downfall subsequent to an investigation of suspected wrong-doing at the company that had employed Kerr for almost two decades.
Making a Case for ProLaw in the Public Defender's Arena:Tennessee Public Defenders Conference--a Case Study
William A Hardin
When the Tennessee Public Defender's Conference was given the thumbs up to purchase new case management software, they were delighted. The prospect of new software meant to them what it means to most of us-a chance to process more work, more efficiently and effectively, in less time using a better tool. ProLaw became that tool for them, and what follows describes their decision-making and implementation process.
Decoding the Value of Software
of Deloitte
Although it may consist of thousands of lines of coded instructions, and be small enough to burn onto a single CD, the software owned by a business might be its most valuable asset, its lifeblood, and a key driver of the value of the organization. Many businesses owe their competitive advantage to the unique software they have developed internally (internal use or operational software) notably in the areas of data processing services, product design/engineering, and manufacturing control. Other businesses exist solely to create software for resale or licensing (software developed for commercialization).
Maryland Adopts Uniform Computer Information Transactions Act
Marc A Jordan
This article reviews the Uniform Computer Information Transactions Act and discusses how Maryland recently adopted the Act which will go into effect on October 1, 2000.