Our attorneys ensure that your intellectual property is protected to the fullest extent of the law.
Speed is of the Essence
We are committed to contract reviews within two business days.
We have successfully closed millions of dollars of software licenses on behalf of our clients.
Custom Tailored Agreements
We are experts in software licensing and capable of drafting an agreement custom to any monetization or metric the contract requires.
Feature Documentation and Technical Writing
Feature sets define the software. We work closely with software engineers to document your software, and communicate its value.
Privacy and Data Security
We advise on privacy law compliance, and enforce data security policies.
We advise companies on smart contracts, raising capital, and cryptocurrency related disputes.
Data Security Issues in Software
California law requires businesses that own, license, or control personally identifiable information implement and maintain “reasonable security” procedures and practices to protect that information from unauthorized access, destruction, use, modification, or disclosure. See California Civil Code §1798.81.5. This law applies only to personal information that is not encrypted, and it appears that strong encryption might be sufficient protection.
Businesses that own or license personally identifiable information include not only online businesses but also employers, landlords, hotels, and retailers who conduct credit card transactions. Under California Civil Code §1798.81.5(b), the security procedures and practices must be reasonable and appropriate to the nature of the information. Our attorneys will advise your business on complying with this law and defining what is reasonable for your individual situation.
Channel Partner Software Licenses
The structure of a software license depends on the direction of the Product Manager. We will negotiate and draft the license to function in order to meet your business needs.
Each software deal is unique. Different users often want different features, and are willing to pay different prices. Some software developers specify a minimum price or a fixed price for their licensed products. However, it is best to consider whether such restrictions raise antitrust concerns. Leegin Creative Leather Prods., Inc. v PSKS, Inc., (2007) 551 US 877, 127 S Ct 2705.
In some instances, the software licenses are sold via channel partners or Value Added Resellers. Accordingly, the license will limit the channels of commerce that the licensee can use. The software developer may specify how the channels of commerce may be divided up in a way that makes business sense, such as retail sales versus industrial sales, or direct-to-consumer sales versus retail outlet sales.
There are a plethora of different software license issues that may arise according to your specific business. Please contact our office to speak with an attorney about your business goals today.