I am happy to post here an outline of an excellent talk about software licensing Marc Temin delivered to our Copyright Subcommittee of the IP Litigation Committee of the Litigation Section of the ABA last month.
The outline is clear and comprehensive covering:
the differences between commercial and software licensing;
licensing grant alternatives (grants with conditions, covenants and implied grants);
the first sale doctrine that we will hear much more about when the Supreme Court next term considers Costco v. Omega;
three statutes dealings with computers (the Computer Software Act, the Computer Software Rental Amendments Act and the Computer Maintenance Competition Assurance Act) and
a good discussion about the differences between covenants and conditions and their copyright implications.
Marc’s email is firstname.lastname@example.org if you have any follow up questions.