Year 2000 Software Solutions Raise Copyright Issues
Christine L. Lofgren and Steven L. Hock of Thelen LLP
This article discusses the copyright issues the may arise when the Y2K computer problems manifests itself.
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.
Your First Website: Contractual Issues That Should Not Be Overlooked
Holli Fillbach Simcoe of Barry Fischer
So, you're going to launch a website? You reserved a really cool URL (web address) and, while barbecuing over the .
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.
Avoiding the Risks In Large Software System Acquisitions
Rauer L. Meyer of Thelen LLP
This article provides a summary of the risks associated with large scale corporate purchases of software systems. It also details the legal remedies available for corporations who find themselves in trouble with systems already purchased.
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.
Enactment of UCITA in Virginia
Jonathan Band of Morrison & Foerster LLP
This article discusses how the Virginia General Assembly recently adopted the Uniform Computer Information Transactions Act (UCITA). Virginia is the first state in the nation that had adopted the Act. It will go into effect in July 2001.
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.
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.
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.
Open Source Code: What Is The Price Of The Freedom To Share?
Pillsbury Winthrop Shaw Pittman LLP
There are many legal issues and just as many myths about open source code and open source licenses. Furthermore, open source code has become the subject of much debate and, most recently the cause for litigation.
The Year 2000 Copyright Maze
Steven L. Hock of Thelen LLP
This article concerns one of the legal copyright issues confronting system users in most Y2K software conversion projects.
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.
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.
Bankruptcy's Impact on Copyrighted Software Licenses
Nixon Peabody LLP
When a company goes into bankruptcy, the bankruptcy laws make available to it a series of special tools not otherwise available to companies outside of bankruptcy. These tools are designed either to give the debtor a chance to reorganize its business operations so that it may become a profitable enterprise and thereby propose a plan of reorganization to its creditors, or to allow the company's assets to be liquidated with the proceeds being distributed to creditors. One of these special tools is the right to assume or reject unexpired contracts and leases.
Open Source Software: An Open Door to Intellectual Property Liability
Kelly D. Talcott of Pennie & Edmonds LLP
Since "open source" software has become increasingly popular among mainstream corporate information technology departments, users should decide whether the risks of using such software outweigh its benefits. It may be less expensive to pay for commercial software to be protected from the risk of IP liability by the license.
Shrink-Wrap Licences: A Licence Or A Sale?
Martin P.J. Kratz of Lexpert
Software is often distributed together with short, often one-page, end-user licence agreements. Such agreements serve several purposes, including providing for a limited scope of use by users, setting out express protection for confidential information, limiting the responsibility of the vendor, limiting the remedies available to the customer and limiting dealings with the product by the customer.
Free and Open Source Software Interview Questions
Philip H. Albert of Townsend and Townsend and Crew LLP
Generally, the name describes software that is licensed with fewer restrictions than proprietary licensing models, such as "per copy", "per use" object code only licenses. The term "free software" often refers to software that is licensed under the General Public License (the "GPL"). "Free" does not refer to cost, as the GPL does not preclude charging for distribution of licensed software, but rather it refers to the lack of constraints on using the software. However, to prevent intermediates from imposing their own constraints, the GPL includes provisions precluding the addition of constraints.
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.
Protecting Consequential Damages Waivers In Software License Agreements
John F. Zabriskie,Martin J. Bishop and Bryan M. Westhoff of Foley & Lardner LLP
Lawyers representing software companies often try to get "belt and suspenders" protection for their clients, particularly when negotiating license agreements for mission-critical software. A common approach is to couple an exclusive remedy provision, which frequently limits a licensee's recourse to repair or replacement of defective software, with a provision excluding consequential damages.
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.
Open Source Licensing: A Free Lunch or Just a Byte?
Lori E. Lesser of Simpson Thacher & Bartlett LLP
Open source licensing is being heralded by many software groups as an idea whose time has come.
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 .
Free and Open Source Software: Findlaw Interview with Philip Albert of Townsend and Townsend and Crew LLP
FindLaw M V
Findlaw interview with Philip Albert of Townsend and Townsend and Crew LLP.
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.
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.
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.