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Licenses Software

Vinson & Elkins LLP

From Cloud to Compliance: Legal Essentials for Building and Operating AI-Ready Data Centers

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Driven by the demand for AI-ready cloud infrastructure, the market cap for global data center construction, currently valued at more than $250 billion, is set to double in less than ten years, reaching half a trillion dollars...more

Goodwin

Moving Away From Open Source: Trends in Source-Available Licensing

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Offering your software product under an open-source software (OSS) license has its advantages. By making the source code of your product available for redistribution and modification, and in many instances at no cost, you may...more

Wiley Rein LLP

Five Lessons to Prevent Government Abuse of Commercial Software Licenses

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When the U.S. Government licenses commercial software, it generally does so under the same terms as any other commercial software licensee, unless the terms of that license are inconsistent with federal law or do not...more

ArentFox Schiff

US Government Throws “Kitchen Sink” Export Controls at Russia, Plus Sweeping EAR99 Software Controls, and IT and Software Services...

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Three US agencies – the US Department of Commerce, Bureau of Industry and Security (BIS), the US Department of the Treasury, Office of Foreign Assets Control (OFAC), and the US Department of State – took new actions on June...more

Sheppard Mullin Richter & Hampton LLP

China to Implement Export Controls on Aerospace Technology, Software, and Equipment

中国将对航空航天领域的技术、软件和设备实施出口管制措施 On May 30, 2024, the Ministry of Commerce of China (the “Ministry of Commerce”), the General Administration of Customs of China, and the Equipment Development Department of the Central Military...more

Sheppard Mullin Richter & Hampton LLP

Paid in Full: GSA Approves Advance Payment for SaaS Licenses

GSA long has stated that the “MAS program is designed to mirror commercial buying practices.” (Don’t laugh – I’m serious! Slide 12 if you don’t believe me.) In the commercial marketplace, SaaS licenses are sold for set...more

Sheppard Mullin Richter & Hampton LLP

Finally Invited to the Party? Federal Circuit Opens the Door for Software Companies Selling Through Resellers to Bring a Contract...

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 decision of the...more

Foley & Lardner LLP

The Importance of Due Diligence in M&A Transactions

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In any merger or acquisition, the due diligence stage is one of the most critical steps. It allows the acquiring company to identify dealbreakers, assess risks, make informed decisions, negotiate effectively, ensure...more

Dorsey & Whitney LLP

BIS Considers Export Controls on Neurotechnology and Adds New Controls on Genetic Sequencing Software and Intrusion Software

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The U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) has said it is contemplating new export controls on certain neurotechnology items and has adopted new controls on genetic sequencing software and...more

Morgan Lewis

Insight: Best Practices for Leveraging Open-Source Software and Mitigating Its Risks

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Across industries, open-source software provides the foundation for a significant number of applications, with open-source components per commercial application growing more than six-fold in the last five years. ...more

MoFo Life Sciences

Software As A Medical Device In Europe – New Regulatory Regime About To Enter Into Force – (Part 6 Of 6)

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In Part 6 of our series of consecutive articles on the reformed regulatory framework under the EU Medical Device Regulation 2017/745 (“MDR”), which will govern medical devices software (“MDSW”) in the EU, we turn to the...more

McDermott Will & Schulte

Liability for Copyright Infringement Attaches if Conduct Exceeds Scope of License

The US Court of Appeals for the Ninth Circuit revived a software owner’s copyright infringement suit because the district court erred in granting summary judgment of no infringement by failing to analyze whether the accused...more

Husch Blackwell LLP

Open-Source Software: Benefits And Legal Risks

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What is open-source software? To ask the question is almost to answer it. Open source software (OSS) simply describes software code that is distributed on an “open-source” basis – which means, in a way that allows others to...more

Sheppard Mullin Richter & Hampton LLP

Controversial New Open Source License for Decentralized Apps – Protects Users’ Data and Cryptographic Keys

A controversial new open source license designed for use with decentralized applications was recently approved by the Open Source Initiative (OSI). The Cryptographic Autonomy License (CAL) claims to be the first open source...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 17, Issue 2

USPTO Issues CBD Trademark Guidelines in Light of the 2018 Farm Bill: Key Takeaways - On May 2, 2019, the USPTO released its new guidelines on how it will examine federal trademark applications for CBD products in light of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Open Source Software Licensing

For over 30 years, open source software (OSS) has formed the backbone of the technology industry. Today, it is nearly impossible to find a computing device that does not utilize an open source component. For example, the...more

Womble Bond Dickinson

Open-Source JavaScript: Compliance Tips For Companies

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Many companies are now aware that if they incorporate open-source software into their products, there are specific terms and conditions that go along with the grant of the use of the particular OSS that are spelled out in...more

Miller Canfield

Have You Agreed Not to Export Software? Yes!

Miller Canfield on

Do you think of yourself as a potential software exporter? If you're reading this article, chances are you purchased software online from Amazon or Apple, and by doing so you agreed not to export software. As a condition of...more

Mintz - Privacy & Cybersecurity Viewpoints

Controls Coming for Intrusion & Network Surveillance Tools

The Commerce Department’s export control agency, BIS, has proposed a new rule to control exports of equipment and software designed or modified to perform network intrusion and internet protocol communications surveillance. ...more

Pillsbury - Global Sourcing Practice

ERP Licensing: Positioning Your Company For the Future (Part 2)

This is the second of two postings that outline key pricing protections you should consider negotiating with licensors of ERP software to provide flexibility and predictability in managing the ongoing license and maintenance...more

Poyner Spruill LLP

Medical Software Licensing - Tips from the Trenches

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Medical offices are adopting complex software products such as electronic health record (EHR) systems and practice management systems in increasing numbers. While the ultimate hope is to improve patient care and practice...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Settlement Highlights Need for Compliance with U.S. Export Control Rules When Sponsoring Foreign Workers

The U.S. Department of Commerce’s Bureau of Industry and Security recently reached a $115,000 civil settlement agreement with a California-based global technology company on the basis that it violated several export control...more

McDermott Will & Emery

The Vermont Department of Taxes Begins to Take a Close Look at Cloud Computing

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On June 30, 2013, the Vermont sales tax moratorium on remote access to software expired. At that time, the Vermont Department of Taxes (Department) reverted to its prior position that interpreted, without any analysis, the...more

Saul Ewing LLP

White Collar Watch - July 2014

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In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract ambiguity ...more

K&L Gates LLP

Further Key Amendments to the British Licence Conditions and Codes of Practice (LCCP)

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The Gambling Commission has recently published the final two parts of its response documents detailing the changes to be introduced to the LCCP to coincide with the new point of consumption regime in Great Britain. The...more

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