Hosting restrictions in license agreements create technical problems.
Southlake, TX (PRWEB) July 25, 2012
Most software publishers restrict or prohibit –to varying degrees – their customer’s ability to “host” software products delivered to end users over the Internet. Publishers often fail to define term hosting, and service providers are often unclear about whether they are hosting a solution. “There is a universe of problems created by hosting restriction ambiguity in software licenses” said Christopher Barnett, attorney at the intellectual property and technology law firm, Scott & Scott, LLP.
Many businesses delivering products and services over the Internet cannot avoid the practical necessity of using third-party software to support their business solutions. From the operating systems controlling their servers, to the platform products on which their solutions are built, to third-party database products or other applications incorporated as integral components of those solutions, net-based businesses from Amazon to Zappos would find it difficult to compete without having off-the-shelf products available to support their IT infrastructures.
Unfortunately, most off-the-shelf End User License Agreements (EULA) and volume licensing agreements contain vague prohibitions against hosting or renting licensed software to third parties, and it can be extremely difficult to draw a line between deployments that require special commercial hosting rights - such as the rights granted under Microsoft's Services Provider License Agreement (SPLA) - and those that do not.
Christopher will discuss key concepts associated with software hosting, the legal risks associated with licensing potentially affected IT environments, and strategies for mitigating those risks in a one-hour free Texas and California CLE Webinar on Storms in the Cloud: The Legal Risks of Commercial Hosting on August 8.
Attendees will learn about:
- License terms from major publishers restricting software hosting
- Technical factors that can make those terms difficult for businesses to apply
- Legal risks associated with breaching hosting restrictions
- An overview of legal principals potentially affecting claims based on software "hosting"
- Strategies designed to help avoid hosting risks
Presenter: Christopher Barnett, Attorney, Scott & Scott, LLP, focuses on technology transactions, licensing and intellectual property related disputes.
When: August 8, 2012 11:00 a.m.-noon CDT
CLE: 1 hour Texas & California Bar CLE
About Scott: Scott, LLP
Scott & Scott, LLP (http://www.scottandscottllp.com) is a boutique intellectual property and technology law firm with an emphasis on software disputes, technology transactions, brand management, and federal litigation. Our lawyers and technology professionals take a principled approach to each engagement, leveraging our experience to provide value. Our clients range from mature small businesses to publicly traded multi-national corporations who work proactively with us to creatively solve business and legal issues. We regularly work as part of a team of in-house and outside attorneys managing large-scale legal projects. We take the time to listen to a client’s objectives and understand its business before developing a custom strategy and project plan designed to give the client visibility into the process and the potential outcomes.