Can You Obtain Copyright Protection for Your Software’s Graphical User Interface (GUI)? As a software copyright attorney/lawyer, I think every Software, SAAS or Cloud company should think about this issue, even though this is a complex legal issue. Think about it. Most software companies know that they can obtain copyright protection
What Does Your Software EULA or Software as a Service Agreement Say About Your Company? Interesting question. When a software, software as a service or other IT company sends its written software EULA or software as a service agreement to the customer as part of closing a deal, it is
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
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
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
As a software attorney, I actually think about issues like have SaaS agreement templates become commoditized (= not distinguishable or different). My short answer to this question is no. Let me explain. There are many websites that sell form agreements for less than $100, and they could be a great place
Every software company should understand what the term ‘software license‘ actually means (i.e. what is a software license?). As a software attorney that tries to keep it simple, let me briefly explain this: it is the right/permission to use the software from the owner. Remember that the user is not provided
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;
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
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
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,
What is the Purpose of a End User Agreement (EULA or SaaS Agreement)? While this may seem basic, from the perspective of a software attorney, it is something that I often discuss with clients. If you think about it, end user agreements (whether an EULA or SAAS Agreement) are arguably
Here are the 4 things to remember, from the perspective of a software copyright attorney. 1) Copyright Attaches Easily. It is relatively easy to get basic copyright protection (you know that (c) Copyright Notice on the bottom of text, articles, websites, etc.) This is something to keep in mind, as
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
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
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