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Sale of Used Software Licenses in Germany
Once in a while, something known as 'new distribution forms' of software catch the attention of people in the tech market in Germany. But standard license agreements and provisions of German copyright law do not always match perfectly, and these discrepancies give rise to gaps and misunderstandings that courts must ultimately settle.
Accordingly, a couple of landmark decisions have come down from the Bundesgerichtshof ('German Federal Court') over the last few years. While the German Federal Court has refused to accept the once famous original equipment manufacturer ('OEM') clause that set forth restriction of stand-alone sale of software without hardware in 1999 (BGH, July 6, 2000, File Number I ZR 244/97 (OEM)), it has decided, on the other hand, that network licenses must be accepted as a permissible use of software licenses (BGH Oct. 24, 2002, File Number I ZR 3/00 (CPU)). Even though these license forms have been subject to Federal Court evaluation, other concepts to circumvent software-licensing restrictions have come up, and have yet to be decided.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.