In a previous post, we described a lawsuit filed by Rosetta Stone against competitors for “piggybacking” Rosetta Stone’s trademarks in an attempt to divert website traffic. CNet columnist Matt Asay analogizes this situation to an open source problem here. The open source software development culture thrives on access and sharing of oftentimes copyrightable source code. …
Software Attorney, Marcus Harris, on November 2, 2011, will speak at the fall meeting of the Canadian IT Asset Management Users’ Group (CITAMUG) in Toronto. The meeting is hosted by Ms. Sherry Irwin, President and Principal Consultant at Technology Asset Management Inc. and CITAMUG Founder and Chair. A frequent speaker on software license negotiation, Marcus…
Listen to internet radio with ALRPRA Inc on Blog Talk Radio There are a few factors we should consider when exploring cloud computing options. Software and technology attorney Marcus Harris of Marcus Stephen Harris, LLC recently appeared on LawTalkRadio to talk about the legal issues you should note when moving to the cloud and selecting…
Software license agreements almost always include language that allows the vendor to audit a customer’s use of the software to determine compliance with the license grant. Standard vendor language is usually broadly drafted in favor of the vendor. Typical language allows the vendor to conduct audits at will and capture revenue for any inadvertent usage…
Negotiating software licenses is a complicated process that takes knowledge and skill. Changing technology and new methods of software development and delivery have changed the game. The consequences of getting it wrong can be severe. “Negotiating Software Licenses with Marcus Stephen Harris” was broadcast as a webinar focused on understanding software licenses, their legal background…
Software licenses contain standard provisions limiting the liability of the vendor. Typical provisions have a two-tiered structure that: (i) disclaims liability for lost profits, incidental, consequential and indirect damages, loss of good will, data loss, computer failure, or punitive damages; and (ii) places a limit on overall damages under the contract (usually limited to fees…
R. Ray Wang, on his Software Insider’s Point of View blog, discusses the challenges organizations face in gaining buy-in and realizing the benefits of SaaS/Cloud application. Ray details the top ten most common strategies for transcending the burden of legacy apps. Briefly, they are: 1. Point Solutions; 2. SaaS Best of Breed Suites; 3. Two-Tier…
Florida corporation Psystar Corp., owned by brothers Rudy and Robert Pedraza, has been sued by Apple Inc. for copyright infringement, trademark infringement, and breach of contract. Psystar builds and sells so-called “cloned” computers which run on Apple’s most recent operation system, Mac OS X “Leopard.” In the complaint, filed last month in U.S. District Court…
One of the biggest mistakes we see clients make when they are negotiating a software license agreement with SAP is that they focus solely on pricing and discounts to the exclusion of other important issues contained in the SAP software license agreement. Focusing solely on pricing while ignoring the other terms and conditions contained in…
From the ERP and More! Blog – the top 7 ERP Implementation Analogies: 1. The implementation will be like open heart surgery while the patient is still alive and working. 2. An ERP implementation is like the corporate equivalent of a brain transplant. 3. I think of ERP implementations like mountain climbing: No two are the…