Machine learning agreements or AI agreements are super new, and actually very interesting. Not much has been written on these agreements, so I thought I would share a few thoughts on the big issues (from the perspective of the AI/machine learning software vendor). So here goes. HOW THE AI SYSTEM WORKS AND WHO DOES WHAT […]
These Words are ‘Dangerous’ in Any SaaS or Software Agreement. I have seen wording like this in SaaS or software agreement orders or templates, and it has always bothered me. A case from 2014 addressed this issue head on, so I thought I would share the outcome of the case with you (and some suggestions […]
Microsoft Finally got it Right. They Created a Plain English EULA! Microsoft drafted their new Windows 8 EULA in plain English and in a way that has never been done before (at least based on what I have read … and I read lots of EULAs). The New EULA Structure. It has 3 sections: (1) FAQ, […]
Ok, let me see if I can explain this issue a little better. Can you use third party software (for example, Microsoft’s SQL Server) in your partner’s demo lab for testing your software? Can you go onsite to a prospect and use/leave SQL Server in a demonstration environment for 3 weeks, so they can test […]
It is not often that there is a reported case specifically addressing exclusive software licensing, so I thought I would share 3 takeaways from this 2011 case (HyperQuest vs N’Site Solutions). I will definitely not bore you with the long and detailled facts in this case, so let’s get to it. Key Takeways: 1) If […]
FTC’s Negative Option Rule & Online Offers-Renewals. What You Should Know! The Federal Trade Commission (aka FTC) has a rule called the Negative Option Rule, which I really think every SaaS and software company should know about. The definition. Negative Option means – when someone ‘fails to act’ […]
I finally found a really useful working paper and law review article written by some European open source attorneys and the Free Software Foundation Europe on linking issues and the GPL license. I thought I would share some of the highlights with you as it is really hard to get some good practical guidance […]
What You Should Not Do To Your Competitor (after SAP tried it and got caught). I have been reading the pleadings in the Oracle vs. SAP case (you know the 2010 $1.3 Billion judgment case), and trying to come up with a few takeaways for every growing SAAS or software company (i.e. what you can […]
If you operate a software based business you are likely using some open source code in your software. There really is nothing wrong with that, as it is really common now (and probably a best practice). But what is your process to review and track this code, and the associated license terms? Well, here are […]
Here are 3 things every software company can learn from SAP being sued under a software OEM agreement. Without going into the nitty gritty of the details of the case, here is a summary of the facts: SAP distributed and sublicensed certain AMC Technology software embedded with a SAP product. When the software OEM agreement expired, […]
This question may come from time to time as part of your SAAS contact or software EULA review or negotiations, so as a software lawyer I thought I would address it. Here goes. If you have a software product or a SAAS service you should think about whether third-parties (you know people like in the […]
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 […]
As a software copyright attorney, I was wondering if you read all the electronic contracts you enter into (yea right). But just in case you had, you may have noticed one sentence in certain contracts that states that one party (always the party that wrote the electronic contract) can change the software contract “…at any […]
Can Your Customer Transfer Their Software as Part of a Reorganization? Seems like a simple issue, but can your customer transfer your software or licenses to another entity? Well, the right way to address this is up front in your agreement, but this is too often not the case. Also, when it is addressed, […]