Topic
Software Licensing
145 published works
Workforce Bulletin
Source Code Escrow When Entering into a Software License Agreement–Is it Necessary?
Our colleague, Hylan Fenster, shares his thoughts on source code escrow agreements: Despite the burst of the dot.com bubble, many companies, notably small and mid-sized businesses, continue to rely on…
China Law Blog
China Software Licensing: Registration Required
By Dan Harris
Just was cc'ed on an email from one of my law firm's China software licensing lawyers to a client that licenses its software through a distributor in China. Our licensing…
The IP Law Blog
Apple Wins Pivotal Software Licensing Lawsuit
By Nathan Geronimo In a recent opinion, the Ninth Circuit clarified the defense of copyright misuse, finding the defense inapplicable in a dispute between Apple Inc. and Psystar Corp. Apple,…
The IP Law Blog
The Copyright Misuse Defense & Apple’s Software License Agreements
By James Kachmar The affirmative defense of copyright misuse is a court-created affirmative defense to copyright infringement which flows from a similar defense in patent litigation. In 1942, the U.S.…
China Law Blog
China Software Licensing Agreements
By Dan Harris
I have been on the road the last few days, first speaking at a Bank of America client-only event in San Fransisco and then today speaking on various international law…
Nonprofit Law Prof Blog
Microsoft Moves to Protect Nonprofits from Government Piracy Claims
The NY Times reports that Microsoft will provide free software licenses to more than 500,000 advocacy groups, independent media outlets and other nonprofit organizations in 12 countries with tightly controlled…
New Media and Technology Law Blog
Ninth Circuit Rules on License versus Sale of Software
The Register of Copyrights may have concluded that precedents defining the difference between a license and a sale of software are conflicting (see our prior blog post on that point),…
IP Law Chat
Ninth Circuit Addresses “Owner vs. Licensee” Determination in Applying First Sale Doctrine
By Stacia Lay
On June 7, 2010, the Ninth Circuit heard oral argument in Seattle in three cases that, to one degree or another, raise important questions regarding the meaning of the term…
Workplace Privacy, Data Management & Security Report
To host or not to host?
Guest Post from Pat Yu* of Accero. We are happy to make Mr. Yu's insights available to our readers as they are important considerations for companies considering alternative data and…
Contemporary Intellectual Property, Licensing & Information Law
Why are free and open sources licenses different?
Millions of dollars and thousands of hours have been spent during the last decade worrying about how to deal with free and open source software licenses. This leads me to…