Key blog posts on software licensing issues.
Microsoft drafted their new Windows 8 EULA in plain English and in a way that has never been done before (at least based on what I have read … and I read lots of EULAs). The New EULA Structure. It has 3 sections: (1) FAQ, (2) Additional Terms and (3) Limited Warranty. Now you may [...]
Ok, let me see if I can explain this issue a little better. Can you use third party software (for example, Microsoft’s SQL Server) in your partner’s demo lab for testing your software? Can you go onsite to a prospect and use/leave SQL Server in a demonstration environment for 3 weeks, so they can test [...]
It is not often that there is a reported case specifically addressing exclusive software licensing, so I thought I would share 3 takeaways from this 2011 case (HyperQuest vs N’Site Solutions). I will definitely not bore you with the long and detailled facts in this case, so let’s get to it. Key Takeways: 1) If [...]
The Federal Trade Commission (aka FTC) has a rule called the Negative Option Rule, which I really think every SaaS and software company should know about. The definition. Negative Option means – when someone ‘fails to act’ (= silence) means they accepted a contract. Q: Why Does the [...]
I finally found a really useful working paper and law review article written by some European open source attorneys and the Free Software Foundation Europe on linking issues and the GPL license. I thought I would share some of the highlights with you as it is really hard to get some good practical guidance [...]
I have been reading the pleadings in the Oracle vs. SAP case (you know the 2010 $1.3 Billion judgment case), and trying to come up with a few takeaways for every growing SAAS or software company (i.e. what you can learn from this case and how to use a software EULA). I think I have [...]
If you operate a software based business you are likely using some open source code in your software. There really is nothing wrong with that, as it is really common now (and probably a best practice). But what is your process to review and track this code, and the associated license terms? Well, here are [...]
Here are 3 things every software company can learn from SAP being sued under a software OEM agreement. Without going into the nitty gritty of the details of the case, here is a summary of the facts: SAP distributed and sublicensed certain AMC Technology software embedded with a SAP product. When the software OEM agreement expired, [...]
This question may come from time to time as part of your SAAS contact or software EULA review or negotiations, so as a software lawyer I thought I would address it. Here goes. If you have a software product or a SAAS service you should think about whether third-parties (you know people like in the [...]
While this is a complex issue (like many legal issues), from the perspective of a software and SAAS attorney, I think there are some practical tips to remember when thinking about when to use policies and when to use contracts. FIRST, THE DEFINITIONS. Policies are generally defined as a set of basic principles and guidelines, formulated [...]