First Sale Doctrine

As esoteric as the subject matter of this blog can be, I tend to stay away from the really, really, really nitty-gritty legal discussions for fear that most of you don’t really care.  Heck, I barely care sometimes.
But the first sale doctrine is an important aspect of the Copyright Act.  Basically (and over-simplistically), it says [...]

Templates

In the last decade or so, I’ve written dozens of contract templates.  Software Licenses, Services Agreements, Consulting Agreements, Amendments, NDAs, Affiliate Agreements, etcetera.  Some of the templates are born from scratch, some are amalgams (the combination and smoothing of many other documents - ie: not reinventing the wheel), and some are minor tweaks from things [...]

Do the Unthinkable

In the movie version of negotiation, Party A makes an offer, Party B makes a counter offer (rejecting the first offer). The first set of offers are the extremes, say for example, really low for Party A and really high for Party B. Then, through a series of back and forth discussions, each [...]

Confidentiality Disclosure Exception Issue

So I’m talking with a potential vendor who has asked for the ability to disclose confidential information for a reason I’ve never heard of before (at least not quite in this manner): they want either party to have the ability to disclose the other party’s confidential information if such party reasonably believe that the [...]

And people think I am hard on them

My business owners tell me on a fairly regular basis, both in words and in their facial expressions, that they believe that I’m pretty tough on their vendors. Sticking to my position isn’t stubbornness - it comes from conviction. I believe that I am correct and I support my belief with factual statements, [...]

One week left on special offer!

A month ago, I offered owners of the Software Licensing Handbook, the opportunity to get a free copy of the Software License Risk Matrix. At the time, I said that I was graduating in 30 days that that this was my gift to you! Well, graduation is tomorrow… and the special offer is [...]

Seriously, I got in?

Alltop has honored the licensinghandbook blog with inclusion on its list of the top law-related blogs around!

Thanks to the folks at Alltop! And thank you, readers, for sticking with me!
The Licensing Handbook Blog is the companion site to the Software Licensing Handbook. Covering licensing topics on a regular basis, Jeffrey Gordon attempts to offer [...]

Harry Potter

The vast majority of software is protected under the Copyright Act as a work “fixed in a tangible medium of expression.” Some is patented, but copyright automatically affixes itself to any software as it’s being written - and it’s cheap (currently $30) to obtain a registered Copyright. So it’s important sometimes to watch [...]

Loss of Credibility

As predicted, Microsoft’s behavior with respects to Yahoo! over the last few weeks was mere posturing.
In negotiation, however, posturing can lead to a loss of credibility, when you can no longer believe that a party will actually do what they say they will do.
So let’s review:
First, Microsoft offers a price. (1/31/2008).
Yahoo! responds. (2/11/2008).
Then, [...]

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