Software Attorney

Kevin Mitnick’s New Book

A Take on Kevin Mitnick’s New Book (from a Software Attorney) Ok, if you have not heard of Kevin Mitnick and you are in the software industry, then he is someone you need to know about. He is probably the most notorious hacker in US history, and he released his

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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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5 Things to Remember in Your Software Development Agreement.

Hiring an Offshore Software Developer? 5 Things to Remember in Your Software Development Agreement. As a software attorney, I think there are a few practical things to think about when using an offshore software developer/outsourcing software development, and negotiating the software development agreement. As you know, this has become commonplace,

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Software Negotiations by Showing Respect!

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

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What is a Software License, and How is it Measured?

Every software company should understand what the term ‘software license‘ actually means (i.e. what is a software license?). As a software attorney that tries to keep it simple, let me briefly explain this: it is the right/permission to use the software from the owner. Remember that the user is not provided

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Purpose of a End User Agreement

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

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Transfer Software as Part of a Reorganization

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.  

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“New” Non-Latin Based Domain Name Extensions

“New” Non-Latin Based Domain Name Extensions: What Is This All About? You may have heard that ICANN (the group that manages naming conventions on the Internet) recently announced that domain names will now be allowed in non-Latin languages. This may not seem like a big issue from the US perspective,

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Who Else is Streamlining Their Agreements?

Who Else is Streamlining Their Agreements (software attorney’s take)? It appears that other legal minds out there (other than a software attorney) are thinking of ways to streamline agreements, as the in-house team at Scottish & Newcastle (a beverage company based in Scotland (I had to look that up)) has

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