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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

Classen H Ward
Paperback (848 pages)

A Practical Guide to Software Licensing for Licensees and Licensors
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  • A Practical Guide to Software Licensing for Licensees and Licensors
Product Description:
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

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

By Harvey Reese

Reese Harvey
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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  • How to License Your Million Dollar Idea Everything You Need to Know to Turn a Simple Idea Into a Million Dollar Payday
Product Description:
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.

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

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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Product Description:
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

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.

The Software License Unveiled: How Legislation by License Controls Software Access

By Douglas E. Phillips

Oxford University Press
Hardcover (232 pages)

The Software License Unveiled: How Legislation by License Controls Software Access
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Millions of computer users regularly bind themselves to software license terms with the click of a mouse, usually without reading anything but the word "agree." Licenses for software as diverse as Microsoft Windows and Linux, and terms of use for websites such as Facebook, are all subject not only to intellectual property and commercial law, but also to the private law of the license, which comes in many forms, each with its advocates. Microsoft, for example, maintains that its proprietary model gives users the rights they need while creating the incentives that have made the United States the global software leader, while Richard Stallman - creator of the GNU General Public License and author of a number of free software programs - asserts that proprietary licensing enables software companies to "hoard" software they should be sharing.

In The Software License Unveiled, Douglas Phillips looks at both of these extremes and questions how these proliferating but largely unread license terms affect access to software, one of the economy's most valuable resources. While highlighting the obvious divergences, he makes the more illuminating case that most current models - spanning the spectrum from proprietary to free - have one key feature in common: to an increasing extent, each license model extends, modifies, or displaces public law that would otherwise apply. Unlike books that advocate one form of licensing or another, this one reframes the debate to propose that going forward a key challenge for lawyers, scholars, policymakers, and the public is to consider whether "legislation by license" should be the means for controlling software access.

The Tech Contracts Handbook: Cloud Computing Agreements, Software Licenses, and Other IT Contracts for Lawyers and Businesspeople

By David W. Tollen

American Bar Association
Released: 2016-01-07
Kindle Edition (275 pages)

The Tech Contracts Handbook: Cloud Computing Agreements, Software Licenses, and Other IT Contracts for Lawyers and Businesspeople
 
Product Description:
The Tech Contracts Handbook is a userfriendly reference manual and training guide on software licenses and other IT agreements, along with cloud computing issues. 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, the book uses clear, simple English, just like a good contract.

The book describes each clause typically found in a technology agreement, outlines the issues at stake, and offers negotiation tips and sample contract language. The book addresses four principle types of IT contracts:

• Software license agreements and software ownership agreements
• IP professional services agreements
• Cloud services agreements
• Combination agreements

Topics include warranties, indemnities, open source software, nondisclosure agreements, limitations of liability, software escrow, data security, copyright licensing, both private and government contracts, 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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Product Description:
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.

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.


 
   
   

 
       


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