Why aren’t your policies written so they can be easily consumed by your customers and employees? Look, if Google, one of the largest and most sophisticated technology companies in the world can simplify their policies (in this case their Privacy Policy) then why can’t you (see this post by their Associate
Quick background: Oracle was sued on July 29, 2010 by the Department of Justice alleging that Oracle overcharged the government when it licensed its software. How does this work? Well, when a company wants to sell a significant volume of software to the government they file what is called a
Why EDUCATION is So Important to Software Negotiations or SaaS Negotiations Think about it. One of the most important things to remember — maybe the most important thing — is that it is really important to educate your customer, partner, etc. about your Software or SAAS model when negotiating the software
What Does a Software/SaaS Company Need to Know About the Creative Commons License Program? Any software or SAAS executive should learn about this, even if this does not affect their software EULA or SAAS contract. This is just one of those things to be aware of, because it is a
A Software Lawyer’s Take on the Linux Foundation’s ‘NEW’ Open Compliance Program On August 10, 2010 the Linux Foundation announced the Open Compliance Plan. So what is this all about and is this bad or good? Essentially, the Linux Foundation created this program to address a lot of the FUD relating
While I know a little bit about SAAS accounting issues, there are people that know a lot more about it. I ran into Jay Howell (from BDO Seidman) at a recent SAAS seminar I presented at (regarding SAAS contracts) in Washington DC (he is the technical guru on SAAS issues
Reverse Engineering Software for Interoperability – LAW UPDATE July 2010 This is a hot issue, so whether you have a software EULA or SAAS contract protecting your software, you may want to learn more about reverse engineering and its legality (i.e. looking under the hood). In essence, most software and
3 PRACTICAL Things to Remember About Collecting Sales Tax on Software Ok this is a complex issue, but let me see if I can put together a few practical things to remember (at least from the perspective of a software attorney). 1) This is a State Law Issue. You really have
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
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
3 Privacy Tips for a Software or SaaS Company(Courtesy of the US Supreme Court in 2010) Well, while the US Supreme Court in its decision in the case of City of Ontario vs. Quon (June 17, 2010)–an employee privacy expectation case (actually, a sexting case involving a SWAT officer)–intentionally tried not to
Everything a Software or SaaS Company Needs to Know About Copyrights! Ok, maybe not everything, but as a software copyright attorney I suggest that you read these five blog posts if you run a Software, SAAS or IT company. Let me summarize why. First, you need to know how copyright
Contract or Policy? Which One Does a Software Company Need and When! 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
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
Hiring an Offshore Software Developer? 5 Things to Remember in Your Software Development Agreement. As a software attorney, I think there are a few practical things to think about when using an offshore software developer/outsourcing software development, and negotiating the software development agreement. As you know, this has become commonplace,
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