Software Licensing

SaaS or Software Agreement

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

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Plain English EULA!

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

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FTC’s Negative Option Rule

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 –

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Linking and the GPL (Technical and Legal Analysis)

  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

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What You Should Not Do To Your Competitor

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

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3 Things You Need in Your Open Source Policy!

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

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Software OEM Agreement

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

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