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SOFTWARE LICENSING: PRINCIPLES AND PRACTICAL STRATEGIES

Sponsored with the Intellectual Property Law Concentration

Please Note: This course has already been held.

Date: Friday, October 01, 2010

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM

Faculty
Schedule/Agenda
Registration Information

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Licensing software and technology is important for all business lawyers whether they are transactional lawyers or litigators. Licensing has joined leasing and sales as the leading methods of transferring value in the information-based economy. This conference focuses on software contracting law and intellectual property issues in proprietary and open source software licensing agreements. It features case law updates, business planning issues, and preventive law pointers on how to how to identify and minimize common risk factors in license agreements.

In the business-to-consumer sector, many clauses in U.S. style licenses are unenforceable in foreign countries. U.S. software licenses diverge markedly from the mandatory consumer protection rules governing the twenty-seven European Community Member States. Business lawyers representing U.S. software makers need to localize license and distribution agreements to comply with mandatory consumer rules in Europe and else-where. The course’s emphasis on preventive law will help lawyers as well as members of the business community face these challenges head-on!

Software Licensing: Principles and Practices provides attorneys, business executives, software engineers, and law students with the latest legal and strategic developments. Business lawyers as well as intellectual property lawyers need to know the anatomy of a software license much like a medical student must master the anatomy of the human body.

Attend and Learn:
  • The core issues of software license agreements

  • A field guide to breach, termination, and remedies

  • Practice tips for negotiating and drafting important clauses in technology contracts

  • How to minimize “troublesome terms” such as anti-transfer clauses, anti-reverse engineering clauses and no public comment clauses

  • About the new ALI Principles of the Law of Software Contract

  • How to protect intellectual property issues in proprietary software licenses

  • About the free and open source (“FLOSS”) issues

  • The bankruptcy and secured credit issues specific to technology licenses

  • Preventive law tips in conducting audits for open source

  • Export issues and cross-border software licenses

  F A C U L T Y

  Professor Michael L. Rustad, Chair
  Thomas F. Lambert Jr. Professor of Law, Co-Director, Intellectual Property Law Concentration Suffolk University Law School
   
  Warren E. Agin, Esq.
  Swiggart & Agin, LLC (materials only)
   
  Jerry Cohen, Esq.
  Burns & Levinson LLP
Member of the Adjunct Faculty, Suffolk University Law School
   
  Karen Copenhaver, Esq.
  Choate Hall & Stewart LLP
   
  Brian A. Davis, Esq.
  Choate Hall & Stewart LLP
   
  Gemma M. Dreher
  BAE Systems, Nashua, NH
   
  Jason Duva, Esq.
  Avid, Burlington
   
  Jason C. Gish, Esq.
  Principal, TLG Law LLC, Newton
   
  Todd Krieger, Esq.
  Intersystems Corporation, Cambridge
   
  David M. McIntosh, Esq.
  Ropes & Gray LLP
   
  Professor Stephen M. McJohn
  Suffolk University Law School, Boston, MA
   
  John F. Milton, Esq.
  Symantec Corp, Newton
   
  Peter Moldave, Esq.
  Gesmer & Updegrove LLP
   
  Dean Maureen O'Rourke
  Boston University School of Law
   
  S C H E D U L E / A G E N D A

9:00 WELCOME AND INTRODUCTIONS
The Significance of Intellectual Property Licensing
Michael J. Rustad, Chair



9:10 ANATOMY OF SOFTWARE LICENSING AGREEMENT
  • What Is an Agreement
  • Types of License Agreements
  • Distribution Models-Business to Business/Business to Consumer-Software as a Service
  • Methods for Entering into a License
  • Minimizing Risks and Protecting Rights for Proprietary Companies

Moderator: Michael L. Rustad
Panel: Todd Krieger and Peter Moldave



10:10 OPEN SOURCE
  • Free, Libre and Open Source Software
  • Conducting Open Source Audits
  • Developing and Open Source Policy
  • Minimizing Risks and Protecting Rights for Proprietary Companies-Outbound Open Source Licensing

Moderator: Stephen McJohn
Panel: Jerry Cohen, Karen Copenhaver and Jason Duva



11:35 INTELLECTUAL PROPERTY ISSUES
  • Types of Intellectual Property
  • How IP In Software Is Acquired
  • Transfers of Rights; Divisibility
  • First Sale and Exhaustion
  • Treatment of Derivative Works

Moderator: Jerry Cohen
Panel: Jason C. Gish and David M. McIntosh



1:45 PRINCIPLES OF THE LAW OF SOFTWARE CONTRACTS: ARE YOU READY?
  • Key Concepts and Methods of the ALI Principles
  • Proposed Changes Embodied in the ALI Principles and Their Potential Impact
  • Other Sources of Software Contract Law
  • Tips for Negotiating Key Software Terms in Light of New Developments
Moderator: Michael L. Rustad
Panel: Maureen O’Rourke, Brian Davis and Kat McCabe



3:45 CROSS BORDER SOFTWARE LICENSING
  • European Directives and Competition Law
  • Localizing Your Software Contract
  • Comprehensive Survey of Consumer Protection Broadly Applicable to the Licensing of Software
  • Export and Import Regulations

Panel: Todd Krieger and John Milton



4:45 Q & A

5:00 CONCLUDE

  G E N E R A L   I N F O

Date:  

Friday, October 01, 2010

Tuition:  

Tuition is $199.00, $179.00 for Suffolk Alumni and attorneys admitted to the bar after 2008.

CHECK REGISTRATIONS
If you would like to register with a check, the following link will lead you to a registration form. Please print out and send it along with your check to the address listed on the bottom of the form. Software Licensing Registration Form



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

If for some reason you are not able to attend, you may send a substitute or call no later than the business day before to receive a refund less a $15.00 cancellation fee. Otherwise, you will receive the course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

Approved for CLE Credit in RI, NH, VT and ME.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.



Scholarships:  

Are available to any attorney or professional employed in public service, or for whom attendance would otherwise present a financial hardship. submit written requests to Peniey McClary by fax, (617) 305-3099 or email pmcclary@suffolk.edu.




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
Purchase Here!


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