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…
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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…
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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…
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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…
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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…
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