Software

A Take on Kevin Mitnick’s New Book (from a Software Attorney) Ok, if you have not heard of Kevin Mitnick and you are in the software industry, then he is someone you need to know about. He is probably the most notorious hacker in US history, and he released his new book Ghost in the […]

I have been delaying writing a blog post about API license agreements, as I could not find a good real world example to go along with the post. Well, Twitter gave me that real world example, as they recently changed their API license agreement (which caused quite an uproar in the Twitter community). Take a […]

Hey this used to be an easy answer (you owned them and you had possession of them), but these days of LinkedIn, Twitter, Facebook, etc., it is not so simple. Here are some thoughts on this software sales compensation issue. 1) Where are Your Sales Leads Stored (aka who has possession of them)? Old days […]

How to Get Sued Over Your Software EULA/SaaS Contract, and Lose! Ok as a EULA Attorney I thought that would grab your attention. Well, there is a recent court case you should be aware of where the software company lost big time (over its Software EULA (applies to SAAS Contracts too)), and now owes the […]

Have You Had Your Software EULA/SaaS Contract TUNEUP for 2010? You know, adjust your contracts to improve their performance…just like your car. Ok, let me explain. Every software or SAAS based business should take a look at their Software EULA or SAAS Contract each year to see if they are 100% consistent with their current […]

While there are many different issues to include in a software or software services referral agreement (SAAS referral agreement), here are a few practical things to consider: 1) What is In and Out. What types of referrals will  you pay on, and what types won’t you? Don’t forget excluding transactions that are already in flight […]

Installed (not used) or Purchased Licenses. Which One Does a Customer Owe You $ For? While most customers may say they only want to pay for software eula licenses they use (not all installed), a recent reported case involving the Los Angeles County Sheriff’s Office says they need to pay for what is installed (even if they […]

Ok as a software attorney, what I am asking are your agreements simple or complex (hey, maybe even a plain English SaaS Agreement)? Have you thought about it? I find that most companies don’t really think about these kind of issues (or at least if they do, it is on the bottom of their list). Let […]

4 GREAT Reasons to Register Your Software for Copyright Protection! Most people may not realize that there are 4 GREAT reasons to register your software for copyright protection with the US Copyright Office.  As a software copyright attorney or lawyer, I recommend this for every software based company, whether you are licensing your software or […]

As a SAAS lawyer, I sometimes run into the issue of “Do I need a Software as a Service Subscription Services Agreement (SAAS Agreement) or Software EULA?”  In other words, what should I start with (software EULA template, or SAAS license agreement template). It is pretty easy, as it all depends on the primary item provided. […]

From the perspective of a software copyright attorney, here are the 5 most important revenue recognition issues (based on my experience), for Software Agreements and SAAS Agreements. Acceptance. Make sure there is express language in the license agreement or order that states that the software is ‘accepted’ on the order date. I can bore you […]

You Lose Nothing in Software Negotiations by Showing Respect! Here is something that costs nothing but can really help when selling software or other IT products or services, or otherwise in software negotiations. As a software attorney, I can tell you this can make a difference. Think about it: when negotiating with a purchasing manager […]

How to Inspire your Lawyers to Write Better EULAs and SaaS Agreements? It is not easy to inspire your lawyers to write better EULAs or SAAS agreements, but it is worth a try (I can say this as I am a eula attorney). Watch this short video about simplifying contracts; this speaker (a non-lawyer) did […]

I find that most clients believe that they have an airtight software agreement and their liability is limited to the contract value. Well, from the perspective of a software copyright attorney, as a general matter they are right, but of course there are exceptions (at least from the perspective of a software licensing attorney). Once of […]

While this is a complex legal issue, as a software copyright attorney,  let me try to simplify it so it can be useful for software company or IT based company (i.e. do I need a software licensing agreement or not) Essentially, one way to protect and provide information technology is via copyright law alone, which […]

One of the most important skills of any top SaaS attorney, is their ability to negotiate and deal with difficult situations. I have read so many negotiations books, that now they all seem to sound alike. However, I go back to two books that out of every book I have read, work time and time again. […]

The New Blogging and Endorsement Guidelines by our Friends at the FTC I have been tracking this issue for a while, but I wanted to wait until I had a concise and insightful perspective before I blogged about it. So here goes. In essence, the Federal Trade Commission (FTC) published these guidelines to address what […]

SaaS Agreement Templates are Too Important to Leave to the Lawyers! Seth Godin did a great job with this perspective on marketing (‘why marketing is too important to leave to the marketing department’) but it triggered something in me (at least from the perspective of a software attorney): SaaS agreement templates are too important to be […]

Contrary to common perception, for privately held IT companies, one law firm for the company may not be the right fit; at least from the view of a software licensing attorney. The founders have a relationship with one law firm that usually handles all the legal issues. I have found that too often it is […]

Can Your Customer Transfer Their Software as Part of a Reorganization? Seems like a simple issue, but can your customer transfer your software or licenses to another entity? Well, the right way to address this is up front in your agreement, but this is too often not the case.   Also, when it is addressed, […]