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.
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.
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.
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.
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.
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.
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 ".
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.
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.
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.
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.
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.
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.
New Weapons in the War Against Internet Software Pirates
Gary M Lawrence and Charles B Lobsenz of Akin Gump Strauss Hauer & Feld LLP
This articles discusses the risk of misappropriation that software developers, resellers and licensors continue to face when they place their software on the Internet and the diverse array of legal and technological advancements are beginning to level the field.