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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.
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.
The Year 2000 Copyright Maze
Steven L. Hock 1 of Thelen LLP
This article concerns one of the legal copyright issues confronting system users in most Y2K software conversion projects.
The Need for Immediate Action at the Highest Corporate Levels to Solve The Year 2000 Software Crisis
Steven L. Hock 1 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.
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 New ISNI
Ronald S. Katz 1 of Coudert Brothers LLP
Independent Service Network International (ISNI) started out as an organization of what was then called Third-Part.
Free and Open Source Software Interview Questions

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.
United States Export Controls And The Internet
John F. McKenzie of Baker & McKenzie LLP
This article contains an outline of the different export controls as they relate to copyright, licenses, trademarks and other internet media.
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.
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.
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.
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.
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.
Open Source Software: An Open Door to Intellectual Property Liability
Kelly D. Talcott
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 0 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.
Year 2000 Software Solutions Raise Copyright Issues
Christine L. Lofgren and Steven L. Hock 1 of Thelen LLP
This article discusses the copyright issues the may arise when the Y2K computer problems manifests itself.
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.
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.
Your First Website: Contractual Issues That Should Not Be Overlooked
Holli Fillbach Simcoe of Law Offices of Barry Fischer
So, you're going to launch a website? You reserved a really cool URL (web address) and, while barbecuing over the .
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.
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.

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