The European Court of Justice (ECJ) ruled on 6 October 2021 in Top System SA v. Belgian State (Case C‑13/20) EU:C:2021:811 that, under article 5(1) of the Software Directive (Council Directive 91/250/EEC) (the Directive), lawful purchasers of software are permitted to decompile programs (in whole or in part) in order to correct errors affecting the
A supply of software can be a sale of goods
The High Court held, in The Software Incubator v Computer Associates  EWHC 1587 (QB), that a supply of commoditised software is a sale of goods for the purposes of the Commercial Agents (Council Directive) Regulations 1993 (“Regulations”).
Computer Associates UK Ltd (“CA”) entered into a non-exclusive agreement with The Software Incubator Limited (“TSI”). TSI agreed to provide software consulting and promotion services in return for a fixed monthly fee and commission on sales.
TSI’s director was unhappy with the relationship and decided to become an agent for another company (“the company”), which led to TSI signing an agreement with them. TSI intended to terminate the agreement with CA, but CA served three months’ notice of termination on TSI in September 2013. However, CA then decided to terminate the agreement earlier and with immediate effect, alleging that TSI’s work for the company amounted to a repudiatory breach. TSI claimed compensation under the Regulations, commission on post-termination sales, and damages.…
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Don’t Forget About Your Affiliates and Customers as Technology License End Users
Your business may license many different types of software and technology in the ordinary course. These licenses range from software installed on your internal network to use-rights in software-as-a-services (SaaS) models, where the programs reside on the vendor’s host systems and are accessed via the Internet (or in some other manner).
In each case, you are granted use-rights that define how the licensed materials can be used (for example, there may be a limit on the type of business for which the materials can be used), where they can be used (i.e., a territory or facility restriction), and who can use them.
Ensuring that the technology can be used by the appropriate people is one of the most overlooked items in a technology license.
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Indonesia publishes data protection rule aimed at government agencies
On 14 July 2015, the Indonesian government published the Draft Regulation of the Minister of Communication and Information (RPM) of the Protection of Personal Data in Electronic Systems (‘Draft Regulation’). Pursuant to Article 7(2) of Government Regulation No. 82 of 2012 and currently only available in Indonesian, the Draft Regulation addresses the protection of personal…