Posts Tagged ‘Silicon Valley Software Law Blog’
What Problems Should You Anticipate with a SaaS Company’s Assets in a Potential Acquisition?
Interested in acquiring a SaaS company’s assets? If so, you may want to take the time to contemplate the problems you should anticipate with those assets before commencing negotiations. The firm discusses these issues in more detail in the Silicon Valley Software Law Blog: Negotiating the Purchase of SaaS Company Assets: Key Problems to Anticipate…
Read MoreDepartment of Justice Investigating Uber’s Use of Greyball Software
I have discussed the latest legal developments regarding Uber’s “Greyball” software program at the following Silicon Valley Software Law Blog link: Investigation Reportedly Launched by Department of Justice into Uber’s Use of “Greyball” Software
Read MoreAddressing Common Software Agreement Fee Drafting Problems
Many software agreements contain a variety of disparities between the fee terms in the body of the contract and how the fees are described on the website, in marketing materials, and in other supplemental documents. What are the typical problems that might be found in a software agreement regarding fees and how can those problems…
Read MoreWhat Can Software Companies Do to Avoid Disputes Over Implementation?
I would argue that poorly drafted implementation terms constitute perhaps the single most common reason for a legal dispute in the software contracting area, particularly in the enterprise business space. So, what can software companies do to avoid this potential problem? I address this issue in the following Silicon Valley Software Law Blogpost: Does Your…
Read MoreApp Store Policy Changes to Go Into Effect
If you are in the software business, you will likely be interested in some App Store changes that go into effect as of today, May 1, 2017. I posted about these changes on the Silicon Valley Software Law Blog at the link set forth below: Apple Implements App Store Affiliate Commission and Pricing Changes
Read MoreCan you be Criminally Prosecuted for Developing Code Used in the Commission of a Crime?
As a developer, can you be criminally prosecuted for developing code that is subsequently used in the commission of a crime? The recent federal prosecution of an Arkansas developer suggests that this is in fact possible and that developers need to be wary of all the possible applications of the code they are seeking to…
Read MoreWhat is a Service Level Agreement or “SLA” and When Do You Need One?
If you are in the software industry or a technical services industry, or alternatively, if you purchase software or technical services, do you know what a service level agreement is and when you might need one for a particular relationship? In my blogpost at the Silicon Valley Software Law Blog, I explain the concept of…
Read MoreFTC Announces Order Against San Francisco Software Company
The FTC has today announced its final order in its case against the San Francisco Software company Vulcan over its business practices in distributing its software product and advertising and promotional activities in connection with the product. The FTC clearly put software companies on notice again that the government is carefully monitoring their business practices…
Read MoreSoftware Companies Should Prioritize Making Their Products Accessible to the Disabled
If you run a software company, have you ever considered whether your software could be made more accessible to the disabled? If you have never given ADA compliance or compliance with similar state laws any consideration, now may be a good time to focus resources on the issue as I explain in my Silicon Valley…
Read MoreFBI Unlocks Terrorist iPhone Without Apple’s Help, Ending Encryption Dispute
The U.S. Justice Department has announced that the third party who came forward and convinced the FBI that it could unlock the San Bernardino terrorist’s encrypted iPhone successfully unlocked the encrypted iPhone, ending the standoff between Apple and the FBI. The Silicon Valley Software Law Blog provided an update on the developments below: Third Party…
Read MoreDepartment of Justice Reverses Course on Apple Encryption Case
The Department of Justice appeared to be reversing course in its case against Apple this afternoon, when it filed a motion to vacate the hearing scheduled for tomorrow in order to explore a possible method of decrypting the terrorist iPhone at issue proposed by a third party over the weekend. I have written more about…
Read MoreFBI vs. Apple: Who Will Come out the Winner in this Dispute?
When the Justice Department decided to wage a legal battle against Apple over encryption on the iPhone of one of San Bernardino terrorists, the government moved the encryption debate into the public arena and triggered a public debate over the issue. Now, it is reported that the government is considering launching a second case over…
Read MoreFTC Signals to Health Software Companies an Intention to Increase Scrutiny over Advertising Claims
The FTC has just reached a settlement with Lumos Labs over claims that the company was deceptively advertising the health benefits of its Luminosity software program. The FTC’s action over this issue should serve as a warning to the health software industry regarding how health software companies are advertising their products. I addressed this issue…
Read MoreEvaluating the Risk in the Context of Negotiating an Indemnification Clause in a SaaS Contract
If you work for a SaaS company or have ever negotiated a services contract with a SaaS provider, you likely found one of the most contentious issues in your negotiation to have been the negotiation over the parameters of the indemnification clause in the contract. In particular, the issue of who is liable in a…
Read MoreImplications of FCC Net Neutrality Rules on Software Industry
The topic of net neutrality has been the subject of controversy for months, but the FCC has recently taken this debate to a new level by adopting new rules that will allow it greater regulatory authority over the Internet. What does this mean exactly for the public generally and for the business world? I’ve explained…
Read MoreThe Perils of Cutting the Wrong Legal Corners
Does your company make a point of not consulting outside counsel on pricing and payment terms in its contracts in an effort to save money on legal fees? If so, you might end up costing the company more money in legal fees than you would otherwise. I looked at this issue in my recent blog…
Read MoreWhy Understanding Your Technology Model is the Key to Drafting a Good Contract
If you work at a software company and are involved at all with agreements, you may be interested in a recent posting that I wrote at Silicon Valley Software Law Blog on why understanding your technology model is so critical to properly drafting and even reviewing contracts: Software Licensing vs. Software-as-a-Service (“Saas”) : The Importance…
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