On May 9, 2014, the appellate court handed down its 69-page decision in the Oracle vs Google API copyright case. The court ruled in favor of Oracle, but did push down to the lower court some remaining issues (which I will not bore you with right now…even though it is super
What to Know About the ‘Combination Exception’ to Infringement Indemnities. As a software licensing attorney I run into the issue of infringement indemnities all the time. These risk shifting contractual clauses can be very confusing for clients, so I thought I would explain (with a real live case and a
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
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
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
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
I get this question often as copyright lawyer, so I thought I would briefly explain what intellectual property is (at a high level). Intellectual Property or IP, should really be viewed when compared to other types of legal property, namely real property (i.e. real estate) and tangible property (i.e. things
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