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Software Licenses   >   Further Reading   >   Books

   
 

Books about Software Licenses


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A Practical Guide to Software Licensing for Licensees and Licensors

By H. Ward Classen

American Bar Association
Paperback (848 pages)

A Practical Guide to Software Licensing for Licensees and Licensors
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With intellectual property rights assuming greater importance in today's world and licensing issues and developments constantly evolving, this book is an essential resource for lawyers who need to understand software licensing. The sixth edition examines the fundamental issues that both licensors and licensees confront in the negotiation of a software license and, where appropriate, looks at relevant ancillary issues such as software development, cloud computing, professional services, and maintenance and support. It primarily focuses on non-mass market agreements, since most “retail” or mass market “off-the-shelf” software is governed by non-negotiable “shrink-wrap,” “browse-wrap,” and “click-wrap” licenses. Nonetheless, the principles of software licensing are the same for shrink-wrap, browse-wrap, click-wrap, and custom-developed software.

Written in practical, easy-to-understand language, this book is cross-referenced to a model agreement. It is written from the perspective of both the licensor and the licensee and includes model forms with alternative clauses to fit many perspectives. New to this edition, an online website will accompany the book that includes customizable and easy-to-use forms and agreements. The sixth edition includes new chapters on:

  • Types of Licenses (New Chapter)
  • Software Development Agreements (New Chapter)
  • Software Development Kits and Application Program Interfaces (New Chapter)
  • 16 New Forms
  • Accompanying Online Website with Model Forms and Agreements

Software Licenses (Iintellectual Property Law Series)

By LandMark Publications

LandMark Publications
Released: 2014-08-06
Kindle Edition (3343 pages)

Software Licenses (Iintellectual Property Law Series)
 
Product Description:
THIS CASEBOOK contains a selection of 95 U. S. Court of Appeals decisions that analyze and discuss issues related to the licensing of software applications. The selection of decisions spans from 2002 to the date of publication.

A copyright is better described as a bundle of rights: the right to reproduce the copyrighted work, the right to prepare derivative works from the copyrighted work, and the right to perform or display the copyrighted work. 17 U.S.C. § 106; see Davis v. Blige, 505 F.3d 90, 98 (2d Cir.2007). Thus, the author has the exclusive right to produce derivative works. See Dun & Bradstreet Software Servs., Inc. v. Grace Consulting Inc., 307 F.3d 197, 212-13 (3d Cir.2002); Dam Things from Denmark, 290 F.3d at 563-64. If the original work is copyrightable, then the original author or authors must consent to the creation of a derivative work by a third party — unauthorized creation of a derivative work, which incorporates the original work, constitutes an infringement of the underlying work. 17 U.S.C. § 106; 1 Nimmer on Copyright § 3.04; Dun & Bradstreet Software Servs., Inc., 307 F.3d at 212-13; Dam Things from Denmark, 290 F.3d at 563-64. Brownstein v. Lindsay, 742 F. 3d 55 (3rd Cir. 2014)

With respect to licensing a joint work, each co-author is entitled to convey non-exclusive rights to the joint work without the consent of his co-author. 1 Nimmer on Copyright § 6.10. See Davis, 505 F.3d at 98-100. The only caveat is that the licensing author must account to his co-author for his fair share of profits from any non-exclusive license. 1 Nimmer on Copyright § 6.12. If a co-author attempts to convey exclusive rights, his co-author can convey the same exclusive rights — in effect, such an exclusive license becomes a non-exclusive license. Id. § 6.10; see Davis, 505 F.3d at 100-01 ("A co-owner may grant a non-exclusive license to use the work unilaterally, because his co-owners may also use the work or grant similar licenses to other users and because the non-exclusive license presumptively does not diminish the value of the copyright to the co-owners."). Accordingly, the only way for truly exclusive rights to be conveyed to a joint work is for all co-authors to consent to such an exclusive conveyance. As with tenants in common of real property, a co-author can transfer or assign the rights to his ownership interest in the joint work, but this does not affect the ownership rights of his co-author. 1 Nimmer on Copyright § 6.11; Davis, 505 F.3d at 99-100. Brownstein v. Lindsay, ibid.

With respect to transferring the ownership of a joint work, a co-author cannot transfer the ownership interest of his co-author. The Copyright Act's "statute of frauds" requires that any transfer of an ownership interest must be signed and in writing. 17 U.S.C. § 204(a); see Barefoot Architect, Inc. v. Bunge, 632 F.3d 822, 827 (3d Cir.2011). Brownstein v. Lindsay, ibid.

A Primer on Intellectual Property Licensing

By Heather Meeker

Brand: Awe-Struck
Released: 2004-10-05
Paperback (166 pages)

A Primer on Intellectual Property Licensing
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Product Description:
A PRIMER ON INTELLECTUAL PROPERTY LICENSING (Second Edition) is a compact, practical guide to one of the most dynamic and popular areas of legal practice today-intellectual property licensing. Developed by an attorney in private practice who specializes in Silicon Valley technology licensing, this guide presents the basic rules of law you need to know for a licensing practice, along with helpful examples of contractual language, practice tips, and insights on custom and practice in the industry. This textbook is appropriate for a law school or business school seminar, or for practicing attorneys who wish to expand their practice into this exciting field. Individual chapters from this text are also available for seminars and CLE presentations (in electronic format).

Open (Source) for Business: A Practical Guide to Open Source Software Licensing -- Second Edition

By Heather Meeker

CreateSpace Independent Publishing Platform
Paperback (284 pages)

Open (Source) for Business: A Practical Guide to Open Source Software  Licensing -- Second Edition
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Heather Meeker’s Open Source for Business is a practical, readable guide to help businesspeople, engineers, and lawyers understand open source software licensing. Based on the author’s twenty years as an attorney working at the crossroads of intellectual property and technology, this guide explains the legal and technical principles behind open source licensing so you can make the right decisions for your business. It offers tips on using open source, contributing to open source projects, and releasing your own open source software. You'll also get access to quick-reference tables on the major open source licenses, plus forms and checklists you can use to promote compliance. In this book, you will learn . . . • Why open source is not a “virus” • What the GPL is and how to handle it • When and how to conduct open source audits • What a user-friendly open source policy looks like • How to avoid and respond to open source enforcement claims • How to use open source to fight patent infringement claims • How to manage trademarks for open source products

First Sale Doctrine (Intellectual Property Law Series)

By LandMark Publications

LandMark Publications
Released: 2013-03-13
Kindle Edition (463 pages)

First Sale Doctrine (Intellectual Property Law Series)
 
Product Description:
This casebook contains a selection of 35 of the most recent Federal Court of Appeals decisions that address the "first sale doctrine" in intellectual property law. In the area of patents, the concept is often referred to as the patent exhaustion doctrine. The selection of decisions spans from 2003 to the date of publication. For each circuit, the cases are listed in the order of frequency of citation.

A century ago, the Supreme Court held that a copyright owner's exclusive right to distribute a copyrighted product does not include the power to control a purchaser's subsequent disposition of the purchased copy. See Quality King Distribs., Inc. v. L'anza Research Int'l, Inc., 523 U.S. 135, 140-42, (1998), citing Bobbs-Merrill Co. v. Straus, 210 U.S. 339, (1908). This "first sale" principle is now codified at 17 U.S.C. § 109(a), and Congress has resisted efforts to alter the balance of competing interests it reflects. However, in enacting the Computer Software Rental Amendments Act of 1990, Congress decided that short-term rentals of copyrighted computer software were depriving copyright owners of an appropriate return on their creative investments. See H.R.Rep. No. 735, 101st. Cong., 2d Sess. 7, reprinted in 1990 U.S.C.C.A.N. 6935, 6939 (1990). The response was a limited statutory exception to the first sale principle that prohibits a person in possession of "a particular copy of a computer program" from disposing of that copy for commercial gain by "rental, lease, or lending," unless authorized to do so by "the owner of copyright in [the] computer program." 17 U.S.C. § 109(b)(1)(A). Action Tapes, Inc. v. Mattson, 462 F. 3d 1010 (8th Cir. 2006)

The first sale doctrine does not apply to a person who possesses a copy of the copyrighted work without owning it, such as a licensee. See id. § 109(d); cf. Quality King Distribs., Inc. v. L'anza Research Int'l Inc., 523 U.S. 135, 146-47, (1998) ("[T]he first sale doctrine would not provide a defense to . . . any non-owner such as a bailee, a licensee, a consignee, or one whose possession of the copy was unlawful."). Vernor v. Autodesk, Inc., 621 F. 3d 1102 (9th Cir. 2010)

How to License Your Million Dollar Idea: Cash In On Your Inventions, New Product Ideas, Software, Web Business Ideas, And More

By Harvey Reese

Wiley
Released: 2011-08-04
Paperback (240 pages)

How to License Your Million Dollar Idea: Cash In On Your Inventions, New Product Ideas, Software, Web Business Ideas, And More
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The classic guide to cashing in on your million-dollar idea

Whether you've invented a great new product, or you have an idea for an app, an online business, or a reality show, How to License Your Million Dollar Idea delivers the information you need to snag a great licensing deal. Now in its third edition, this book has become the go-to source for budding inventors and entrepreneurs who have great ideas and want to cash in on them without putting themselves in financial risk. Licensing is the way to make that happen and this book explains exactly how it's done.

You'll get tested advice on how to protect your ideas and find a licensee for new products, apps, TV game shows, websites, software, and more. You'll also learn how to develop your creative thinking skills and objectively evaluate your ideas.

  • Explains how to protect your new idea with or without patents and copyrights
  • Directs you in finding the perfect person at the right company and on how to prepare a presentation that gets you to a "yes"
  • Reviews sample licensing contracts to help you understand what your creativity and achievement entitles you to

You'll also read accounts from profitable inventors on their own goof-ups and brilliant moves along their paths to success.

Software Agreements Line by Line, 2nd ed.: A Detailed Look at Software Agreements and How to Draft Them to Meet Your Needs

By Michael Overly

Thomson Reuters
Paperback (144 pages)

Software Agreements Line by Line, 2nd ed.: A Detailed Look at Software Agreements and How to Draft Them to Meet Your Needs
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Today's business climate demands the ability to leverage essential technologies, as well as a heightened understanding of how the software agreement underlying such essential technologies may adversely affect your business. There has long been a disconnect between the interests of the end user and the objectives of the vendor in developing, drafting, and executing such agreements. Software Agreements Line by Line, 2nd ed. serves to bridge this gap. Taking a standard "vendor oriented" software agreement and breaking it down clause by clause, explaining the nuances of the language, and the business implication inherent therein, leading technology lawyers, Michael R. Overly and James R. Kalyvas present a penetrating insight into the software agreement. The authors detail why such agreements should be modified, how to modify them, and offer practical solutions to promote your ability to successfully implement critical technologies in your business. An updated view into the often daunting world of these highly technical agreements, Software Agreements Line by Line, 2nd ed. highlights the often overlooked, unnoticed, and even hidden aspects of procuring and implementing business systems. The ability to understand and develop user-friendly software agreements offers great advantages for any company making investments in, and developing strategies around, software. This book will provide any reader the tools to become an informed user, a more strategic thinker, and above all, an empowered consumer.

About the Authors:
Michael R. Overly is a partner in the Technology Transactions & Outsourcing practice in the Los Angeles office of Foley & Lardner LLP. As an attorney, Certified Information Systems Security Professional (CISSP), Certified Information System Auditor (CISA), and former electrical engineer, his practice focuses on counseling clients regarding technology licensing, information security, electronic commerce, and Internet and multimedia law.
James R. Kalyvas is a partner in the Los Angeles office of Foley & Lardner LLP, chair of the firm's Technology Transactions & Outsourcing practice and a member of the firm's Intellectual Property Department. Specializing in structuring technology and business process outsourcing transactions, multi-vendor sourcing strategies, and Enterprise Resource Planning initiatives, Mr. Kalyvas advises companies, public entities, and associations on the procurement, negotiation, and implementation of technology.

The Tech Contracts Handbook: Software Licenses and Technology Services Agreements for Lawyers and Businesspeople

By David W. Tollen

American Bar Association
Paperback (250 pages)

The Tech Contracts Handbook: Software Licenses and Technology Services Agreements for Lawyers and Businesspeople
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This is a practical and accessible reference book and training manual on IT contracts. It's a clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language.

This handbook is for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, like a good contract.

Topics covered include:
  •     Software as a service (SaaS) and cloud computing agreements
  •     Warranties
  •     Indemnities
  •     Open source software
  •     Service level agreements
  •     Nondisclosure agreements
  •     Limitations of liability
  •     Internet and e-commerce contracts
  •     Software escrow
  •     Data security
  •     Copyright licensing
  •     And much more

Legal Guide to Video Game Development

American Bar Association
Paperback (315 pages)

Legal Guide to Video Game Development
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This authoritative handbook takes you through the legal maze of producing a video game, from the moment you get the original idea through publication. This practical, prescriptive book is an essential resource for legal professionals with clients in the area as well as for video game developers.

Each chapter in this revised edition of Legal Guide to Video Game Development contains a general road map to one legal aspect of video game production:
  • Patents, Copyright and Trademarks
  • Business and Finance Issues
  • Risk and Insurance
  • Intellectual Property Agreements
  • Licensing and Open Source Material
  • EULAs and Terms of Use
  • The Children’s Online Privacy Protection Act
  • Publishing Your Game

Written by experienced lawyers who work closely with their software and video game developer clients, this is a guide to the process of taking an idea and creating a product, from beginning to end. Chapters include the relevant forms, agreements, and contracts for that phase of production, as well as numerous helpful tips on negotiation and decoding legalese. The book features an online forms library with downloadable templates for the end-user license agreements, terms of use, and nondisclosure agreements you’ll need.

Legal Guide to Video Game Development is perfect for entertainment and intellectual property lawyers; art, design, trade, and law schools; and burgeoning artists with an idea, in need of a guide to get them to inception.

A Practical Guide to Software Licensing for Licensees and Licensors: Analyses and Model Forms

By H. Classen

American Bar Association
Paperback (255 pages)

A Practical Guide to Software Licensing for Licensees and Licensors: Analyses and Model Forms
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This guidebook examines the fundamental issues that both licensors and licensees confront in the negotiation of a software license and, where appropriate, relevant ancillary issues such as software development as well as maintenance and support. A companion CD-ROM is included with customizable agreements and relevant forms.


 
   
   

 
       


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