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I often get the question of which type of SaaS distribution agreement do I need (i.e.SaaS reseller agreement, SaaS distributer agreement, SaaS referral agreement or SaaS oem agreement). While these agreements could be structured differently, here are some good general rules (i.e. 80% true). Q1) Who is Paying the Vendor? A1) End User – Yes for […]

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 […]

I was presenting at the OpenView CFO Forum in Boston (on SAAS contracts) last week to their portfolio companies, and at the conference I learned quite a lot from the Grant Thornton tax presenters about the current state of confusion of the applicability of SAAS sales tax. GT wrote a short article on it, so I […]

So what is up with signing contracts online? Well, what is up is that it is becoming mainstream really fast, and is a great way to speed up the process of having written contracts signed (e.g. your SaaC contract template). You can now skip the faxes going back and forth, mailing of SaaS contract template […]

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 […]

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 General Counsel regarding updating their […]

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 CSP-1 (Commercial Sales Practices Format […]

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 eula or SAAS contract (i.e. […]

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 big deal in the licensing […]

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 Program. 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 to using open source software with […]

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 at BDO), and I thought […]

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 SAAS contracts specifically state that […]

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 to look at the rules […]

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 […]

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 provide a lot of specific […]

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 fits in with other intellectual […]

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 contracts. FIRST, THE DEFINITIONS. Policies […]

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 […]

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, even for smaller Software, SAAS […]