Topic
Software Licensing
145 published works
Government Contracts & Investigations Blog
Finally Invited to the Party? Federal Circuit Opens the Door for Software Companies Selling Through Resellers to Bring a Contract Claim Against the Federal Government
By Ryan Roberts, Daniel Alvarado
In January 2022, we warned software companies selling indirectly against attempting to enforce the terms of their End User License Agreement (“EULA”) directly against the Federal Government based on the…
Government Contracts Featured Insights
Asserting Commercial Software Manufacturer Claims Based on End User Licensing Agreements in Federal Supply Schedule Contracts
The U.S. Federal Government often utilizes federal supply schedule (FSS) contracts to purchase commercially available off-the-shelf software (COTS) software from reputable pre-vetted software vendors. These FSS contracts are administered by…
China Law Blog
China Software Licensing: Is Chinese Government Registration Required?
By Dan Harris
Was just 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…
SALT Shaker
Tennessee’s ten cents: Tennessee court holds computer software licenses not subject to business tax
By Elizabeth Cha, Eversheds Sutherland SALT
The Tennessee Chancery Court for the Twentieth Judicial District held that software licenses are intangible property and thus the gross receipts from their sale are not subject to tax under…
China Law Blog
China Software Licensing Registration Requirements
By Dan Harris
China Software Licensing Registration Challenges As China becomes increasingly risky and complicated for direct entry and subsequent in-country operations, licensing is becoming increasingly common for many Western companies. This is…
It's Just Business
North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking Within
If a company contracts to acquire software which it then licenses to a third party as a component of a lucrative service package, did it “sell” the software? In Value…
Taft Technology and Artificial Intelligence Insights
What If Your Software Provider Goes Bankrupt? Navigating Section 365(n) and Software Licensing Agreements
By Marcus Harris, Arielle Steffen
Section 365(n) of the United States Bankruptcy Code (11 U.S.C. Title 11) protects the rights of intellectual property (IP) non-debtor licensees. Section 365 of the Bankruptcy Code allows a debtor…
Scott Technology Attorneys Blog
Oracle’s New Java Licensing Changes Could Break the Bank
Oracle’s latest licensing change for Java is certain to create even more confusion on an already problematic licensing model and give even more ammunition for the Oracle sales and auditing…
Scott Technology Attorneys Blog
11 Secrets to Defending BSA | The Software Alliance Audits
By Rob Scott
Don’t be in the dark on how to prepare and respond to software audits. An increasing number of companies face software audits initiated by software publishers and their trade associations,…
Scott Technology Attorneys Blog
Ignorance is Not a Defense to Copyright Infringement Claims
Software publishers, acting alone, or through a proxy such as the Business Software Alliance (“BSA”) or Software & Information Industry Association (“SIIA”), regularly audit customers or potential customers to ensure…