Vol. 2, No. 3

Forum Selection Clause in Clickwrap Software Licensing Agreement Upheld Where Software Was Bundled With Essential Services

By Lauren Gelman on November 17, 2004 at 11:20 am

Plaintiff Mortgage Plus, Inc., a Kansas mortgage lender, sought to utilize defendant's DocMagic, Inc.'s proprietary software and services to assist in the prepararation and management of loan-closing documents. DocMagic shipped a CD-ROM containing its software to Mortgage Plus, which subsequently installed the software. To complete the installation process, a Mortage Plus employee had to click through a window displaying a Software License and User Agreement. Read more about Forum Selection Clause in Clickwrap Software Licensing Agreement Upheld Where Software Was Bundled With Essential Services

District Court holds that fair use allows copying of computer source code to extract embedded data for the purpose of improving

By Lauren Gelman on November 17, 2004 at 11:17 am

Evolution, a Kansas software development firm, created software (PF32) for STSC, a predecessor in interest to SunTrust, a Georgia bank, and PAC, a wholly-owned subsidiary of SunTrust that provides financial services. The parties executed a Software License Agreement, a Source License Agreement, and a Data Door License Agreement.STSC and PAC encountered various problems with PF32 and after nearly two years of negotiations, decided to change their vendor. Read more about District Court holds that fair use allows copying of computer source code to extract embedded data for the purpose of improving

EDPA Allows Record Companies' Case to Go Forward With Limitations

By Lauren Gelman on November 17, 2004 at 11:15 am

The District Court of the Eastern District of Pennsylvania granted a motion by the major record companies to subpoena the names and information of University of Pennsylvania Internet users accused of violating record company copyrights by uploading or downloading music over the Internet. The motion was granted with a limitation that requires the record company to allow University of Pennsylvania to issue a “Court Directed Notice Regarding Issuance of Subpoena” to those University of Pennsylvania Internet users before information is disclosed to the record companies.
Read more about EDPA Allows Record Companies' Case to Go Forward With Limitations

Company Not Liable for the Unauthorized Spam of an Independent Promoter Marketing the Company’s Products

By Lauren Gelman on November 17, 2004 at 11:13 am

In September 2002, the plaintiffs received unsolicited email messages advertising software products of Redmond Venture, Inc. (Redmond). The plaintiffs brought suit against Redmond alleging violations of the Utah’s Unsolicited Commercial and Sexually Explicit Email Act (the Act) (repealed effective May 3, 2004) in the District Court of Utah. Redmond filed a motion for summary judgment, arguing that the email messages were unauthorized and that Redmond, therefore, is not liable under the Act because it did not “cause” the email messages to be sent. Read more about Company Not Liable for the Unauthorized Spam of an Independent Promoter Marketing the Company’s Products

Vol. 2, No. 3

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