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• Decoding the Value of Software ( June 2005 )
  Deloitte & Touche USA LLP

  Although it may consist of thousands of lines of coded instructions, and be small enough to burn onto a single CD, the software owned by a business might be its most valuable asset, its lifeblood, and a key driver of the value of the organization. Many businesses owe their competitive advantage to the unique software they have developed internally (internal use or operational software) notably in the areas of data processing services, product design/engineering, and manufacturing control. Other businesses exist solely to create software for resale or licensing (software developed for commercialization).

• Bankruptcy's Impact on Copyrighted Software Licenses ( May 2004 )
  Nixon Peabody LLP

  When a company goes into bankruptcy, the bankruptcy laws make available to it a series of special tools not otherwise available to companies outside of bankruptcy. These tools are designed either to give the debtor a chance to reorganize its business operations so that it may become a profitable enterprise and thereby propose a plan of reorganization to its creditors, or to allow the company's assets to be liquidated with the proceeds being distributed to creditors. One of these special tools is the right to assume or reject unexpired contracts and leases.

• Free and Open Source Software Interview Questions ( December 2003 )
  Philip H. Albert of Townsend and Townsend and Crew LLP

  Generally, the name describes software that is licensed with fewer restrictions than proprietary licensing models, such as "per copy", "per use" object code only licenses. The term "free software" often refers to software that is licensed under the General Public License (the "GPL"). "Free" does not refer to cost, as the GPL does not preclude charging for distribution of licensed software, but rather it refers to the lack of constraints on using the software. However, to prevent intermediates from imposing their own constraints, the GPL includes provisions precluding the addition of constraints.

• Free and Open Source Software: Findlaw Interview with Philip Albert of Townsend and Townsend and Crew LLP ( October 2003 )
  FindLaw M V

  Findlaw interview with Philip Albert of Townsend and Townsend and Crew LLP.

• Open Source Software: An Open Door to Intellectual Property Liability ( September 2003 )
  Kelly D. Talcott of Pennie & Edmonds LLP

  Since "open source" software has become increasingly popular among mainstream corporate information technology departments, users should decide whether the risks of using such software outweigh its benefits. It may be less expensive to pay for commercial software to be protected from the risk of IP liability by the license.

• N.Y. Case Calls Software License Speech Restrictions Into Question ( July 2003 )
  Peter  Brown and Richard  Raysman of

  Software vendors often rely on clauses in their software license agreements that restrict a purchaser's rights to conduct benchmark tests or publish product reviews.

• Protecting Consequential Damages Waivers In Software License Agreements ( November 2002 )
  Martin J. Marty Bishop, John F. Zabriskie and Bryan M. Westhoff of Foley & Lardner LLP

  Lawyers representing software companies often try to get "belt and suspenders" protection for their clients, particularly when negotiating license agreements for mission-critical software. A common approach is to couple an exclusive remedy provision, which frequently limits a licensee's recourse to repair or replacement of defective software, with a provision excluding consequential damages.

• Your First Website: Contractual Issues That Should Not Be Overlooked ( September 2000 )
  Holli Fillbach Simcoe of Barry Fischer

  So, you're going to launch a website? You reserved a really cool URL (web address) and, while barbecuing over the .

• Maryland Adopts Uniform Computer Information Transactions Act ( May 2000 )
  Marc A Jordan of

  This article reviews the Uniform Computer Information Transactions Act and discusses how Maryland recently adopted the Act which will go into effect on October 1, 2000.