Practical advice. Flat rates. Plain language.


Today’s post highlights some of the key characteristics of end user license agreements.

If you’ve used the Internet any time recently, you’ve likely had to click “I accept” or “I agree” in order to use a particular website or software application. Typically, you are accepting and agreeing to an “end user license agreement.” As a software developer, it’s incredibly important to protect the intellectual property behind the software, as well as reduce as much liability as possible. These end user license agreements spell out the terms of the license for your use of the particular software. Today’s post highlights some of the key characteristics of end user license agreements.

What is an end user license agreement?

An end user license agreement (EULA) is an agreement between a software developer or author and an individual or…

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EULA notice


Today’s post highlights three simple questions buyers should consider to protect intellectual property rights when purchasing a business .

When purchasing a business, buyers often overlook one important part of the purchase: formally transferring the seller’s intellectual property rights to the buyer. The most common IP rights include copyrights, trademarks, patents, and trade secrets. Today’s post highlights three simple questions buyers should ask before purchasing a business.

Can you and do you want to transfer the business’ trademarks?

In most purchases, trademarks will be easily assignable from the seller to the buyer. However, in some situations even if the trademarks are assignable, you may not want to acquire them. For example, if the business’ logo infringes on trademark rights of another business, then you wouldn’t want to transfer ownership of the logo and risk being held liable for trademark infringement once…

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Non-disclosure agreement


Today’s post highlights what licensing agreements are and some of the common terms included in every licensing agreement.

An important tool for monetizing your IP is a licensing agreement. When exploring entering into a licensing agreement, it is important to understand how licensing agreements work and the common terms of a licensing agreement. Today’s post highlights what licensing agreements are and some of the common terms included in every licensing agreement.

How do Licensing Agreements work?

A license gives a person or company the ability to use another person or company’s intellectual property rights for commercial purposes. The licensing agreement lays out the terms and conditions under which the licensee (the one receiving the right to use the IP) can use the IP for its benefit. The agreement also lays out the compensation the licensee agrees to pay to the…

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Scope of Licensing Agreement


In this news roundup we look at startups' fundraising, mergers and acquisitions, a commercial lease horror story, ride sharing regulations, and more

Here’s a collection of the most interesting legal and business news we found this week:

Ride Sharing

One of the big issues facing Uber has to do with the fact that auto insurance policies for individual drivers generally don’t cover damages from commercial activity, including ride-sharing through applications like Uber and Lyft. In Colorado, USAA and Farmers are now offering ridesharing insurance. Colorado is a natural testing ground for these new types of policies, as Colorado became one of the first states to explicitly authorize ridesharing services in 2014.

Startups & Funding

The big news of the day is Box’s IPO. After a shaky ride through the IPO process, Box’s IPO appears to be an initial success. It is a home run for its…

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Understanding the reason why investors require founders to execute IP assignments is important when negotiating your rights as a founder of the company.

One of the first requests that investors make before investing in a company is that the founders (and all key employees) execute written intellectual property assignment agreements. These agreements make it so any intellectual property that is created by the founder for the company will be owned by the company, not the founder individually. Generally, this request does not lead to much tension or pushback from the founders. Still, understanding the reason for IP assignments is important when negotiating your rights as a founder of the company.

Why Investors are Concerned About IP Assignments

The following hypothetical illustrates why investors are concerned with the company (as opposed to the founder) owning the IP associated with the company’s products or services.

Two founders, John…

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Protecting IP


Posting hyperlinks to copyrighted content is not direct copyright infringement of that content; some similar acts may create liability for your business.

Many types of businesses, namely those who operate blogs or otherwise deal in information, send links and post to copyrighted material. Many of these businesses are aware that merely posting a link to copyrighted material is not direct infringement of the copyright in that content; indeed, many of these businesses make a living off the advertising on their pages, which pages essentially offer as their only value a link to copyrighted material. This article is an attempt to identify the limits of the rule that posting a link to copyrighted material is not direct infringement, and to help indicate where pitfalls may lay. 

The General Rule

A federal court in New York  recently held that sending an email with…

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Copyright Infringement


Today we’re going to explore the intellectual property issues associated with due diligence during the purchase and sale of a business.

In today’s post we’re continuing our series on due diligence and our series on the purchase and sale of a business. So far we have covered the financial, legal, and operational issues associated with the due diligence process, and today we’re going to explore the intellectual property issues associated with due diligence. For many businesses, the most expensive asset the company owns is its intellectual property, which makes understanding any IP-related issues increasingly important.

Registered Trademark Rights
One important issue to explore when purchasing a business is whether that business has any federally registered trademarks. By registering a trademark with the United States Patent and Trademark Office (the USPTO) you receive broader protection for your trademarks and an enhanced ability to protect your…

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Today's post discusses a recent article that is essentially a call to reform copyright laws, restructuring our copyright laws to the pre-1978 rules.

I recently came across an article that made a call for a reform to the laws that govern copyrights, namely a return to the copyright laws in effect prior to 1978. I found the article especially interesting because it isn’t often that you come across people advocating for restoring laws from pre-1978. We’re a society of forward-looking individuals (or at least that’s what many of us claim) that rarely look to our past for the “best” answers. But this article makes a few strong points in advocating for restoring the prior copyright laws.

The author notes that creativity is central to the prosperity and progress of our society. She notes that copyrights give artists, authors, and other creators a financial incentive…

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Mergers & Acquisitions

Google to Acquire Frommer’s Travel Guides
Google is acquiring Frommer’s travel guides brand in a reported $23 million deal. $23 million is a drop in the bucket for Google, but the acquisition is an important indicator of the company’s somewhat controversial intent to dip further into the content business. Consumer Watchdog is calling for federal regulators to block the acquisition on antitrust grounds, alleging that Google favors companies it owns in organic search results.

Business Financing

The Alberleen Group–A New Type of Incubator
As tech incubators have become increasingly common, very few other industries have copied the incubator model. But the Alberleen Group has brought the incubator to the investment banking industry. Those who join The Alberleen Group are mentored by experienced…

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