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Defining the Scope of a Perpetual Software License
A perpetual software license entitled a licensee only to use versions of the software created before the license agreement terminated, despite the existence of an escrow agreement requiring the deposit...
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Software Licenses and Allocating Risk of Data Loss
The Utah Supreme Court has held that a software vendor is not liable for any damages after its software caused a dentist to lose all of his patient data. In Blaisdell v. Dentrix Dental Systems, Inc.,...
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Software Copyright Infringement Defenses: Ownership of a Copy and Implied...
A defendant accused of infringing a software copyright was, according to facts plead in the plaintiff’s complaint, an owner of a copy of the software under 17 U.S.C. § 117(a)(1). Further, the facts...
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Enforcement of a Click-wrap License Agreement
Consumers who casually, even blindly, accept “click-wrap” or “browse-wrap” license agreements will be bound by those agreements so long as the user had a reasonable opportunity to accept or reject the...
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Use of Software After Expiration of License Is Copyright Infringement
A software owner was granted summary judgment of copyright infringement where its licensee had breached the applicable software license agreement, and continued to use the software after the agreement...
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Software Licensee’s Creation of Derivative Work Results in an Injunction
In case you doubted it, seemingly boilerplate provisions in software license agreements that prohibit the creation of derivative works do mean something, as exemplified in EyePartner, Inc. v. Kor Media...
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