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 proffered license. A… Read More

Software Copyright Infringement Defenses: Ownership of a Copy and Implied License

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 established that the de… Read More

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., No. 20100392 (Utah S. Ct. Ju… Read More

That Forum Selection Clause in Your Software License Matters

Here is a story to tell clients wondering why you are negotiating so hard over a seemingly mundane forum selection clause.  An Illinois court, swayed in part by the fact that a paper software license had also been presented in a… Read More

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 in escrow of “all updates… Read More