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Bankruptcy's Impact on Copyrighted Software Licenses ( May 2004 )
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. -
Free and Open Source Software Interview Questions ( December 2003 )
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. -
Free and Open Source Software: Findlaw Interview with Philip Albert of Townsend and Townsend and Crew LLP ( October 2003 )
Findlaw interview with Philip Albert of Townsend and Townsend and Crew LLP. -
Open Source Software: An Open Door to Intellectual Property Liability ( September 2003 )
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. -
Protecting Consequential Damages Waivers In Software License Agreements ( November 2002 )
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. -
Your First Website: Contractual Issues That Should Not Be Overlooked ( September 2000 )
So, you're going to launch a website? You reserved a really cool URL (web address) and, while barbecuing over the . -
Software Licensing-Changes in U.S. Laws May Affect UK Practice ( November 1999 )
This alert reviews the Uniform Computer Information Transaction Act's (UCITA) impact on how software is licensed and distributed in the United Kingdom as well as other countries. -
Technology Tools for Litigation and the Law Office: Why use them and what are they? ( October 1999 )
This article reviews different products and services which lawyers can utilize for the streamlining of their workflow. -
If You Use A Shrinkwrap License It May Not Be Enforceable: Mass Market Software & The Shrinkwrap License ( June 1994 )
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. -
The Year 2000 Bug--The Official Pain of the New Millennium ( September 1998 )
A version of this article appeared in Distributed Computing, September 1998 ?1998 Distributed Computing, all rig.