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Florida federal court finds that a “click wrap” end user license agreement is unenforceable because the employees who accepted the terms of the agreement did not have the authority to bind the corporation
- Baker & McKenzie
- -
- USA
- -
- April 13 2010
In the case of National Auto Lenders, Inc v Syslocate, Inc, the US District Court of the Southern District of Florida decided that the defendant's "click-to-accept" or "click wrap" end user license agreement (EULA) was unenforceable against the plaintiff corporation in spite of the fact that plaintiff's employees had accepted the terms of the EULA
Maryland federal court refuses to enforce poorly drafted forum selection clause
- Baker & McKenzie
- -
- USA
- -
- April 6 2010
In a case that serves as a lesson for drafting forum selection clauses, on 23 February 2010, the US District Court for the District of Maryland determined in Micro Focus, Inc. v. Bell Canada that it could not enforce a forum selection clause that was “nonsensical”
Federal court determines that software company infringed open source license by distributing software in violation of license
- Baker & McKenzie
- -
- USA
- -
- February 22 2010
On 10 December 2009, in the case of Jacobsen v Katzer, et al, the US District Court for the Northern District of California granted plaintiff's motion for summary judgment regarding copyright infringement
Software Freedom Conservancy files copyright infringement claim for violation of the GNU General Public License
- Baker & McKenzie
- -
- USA
- -
- February 15 2010
On 14 December 2009, Plaintiffs, the Software Freedom Conservancy (Software Freedom) and Erik Andersen (Andersen), filed a complaint in US federal court against a number of companies selling electronic products (Defendants) containing embedded open source computer software
Transfer of software license agreement without consent of licensor in connection with a corporate merger infringes licensor’s copyright
- Baker & McKenzie
- -
- USA
- -
- November 6 2009
In the case of Concom Systems, Inc. v Novelis Corp., No. 07-4142 (6th Cir. 25 September 2009), the US Court of Appeals for the Sixth Circuit upheld the district court’s order granting summary judgment to Cincom on its claim of copyright infringement arising out of a series of mergers Novelis underwent as part of an internal corporate restructuring that resulted in a prohibited transfer of a software license
