Do I Need a Lawyer for App Development ?

Do I Need a Lawyer for App Development ?

by | Feb 28, 2022 | FAQ, Software Licensing

Do I Need a Lawyer for App Development ?

It’s easy to believe that all of the time and effort that goes into designing and creating an app is dedicated just to its development and construction. While this is generally true in the beginning stages of app development, you may have to deal with a headache later on if others try to steal your innovative ideas and creative work. It is upsetting to watch all of your hard work and money be wasted because your new software was not put through the proper legal process before it was launched on the app store. Hiring a lawyer for app development can help prevent unforeseen issues from derailing your success.

Things to Consider When Developing an App

Software Compliance

In the world of software and app development, regulatory compliance is viewed as one of the most critical concerns. Keeping things in balance, minimizing risks, and adhering to the laws now and in the future requires developers to be aware of the many industry-specific regulations regarding software development security. It also helps them stay in compliance with the most stringent rules, laws, legal texts, and legal landscapes and adjustments by having an awareness of this policy.

Privacy Issues

The privacy policy of an app is a statement that just about every app uses. Most countries have privacy regulations that require app developers to present app users with a privacy policy statement that they agree to in order to use the app. According to federal and state privacy rules, app developers may be held liable for any data that is shared or retained in their programs, so having a sound privacy policy is important.

Third-Party Services 

Along with the privacy policy, another concern is the risk of third-party leaks of proprietary information throughout the development phase. NDAs (nondisclosure agreements) are essential to ensuring that other parties will retain confidential information. Legal aid may be required in the preparation of the NDAs required for approval of use of third parties and to make sure the third parties have contractual obligations not just to the developer, but the owner of the app as well.

Contracts to Protect You And Your Employees 

Written contracts for app development are another part of app development that must not be overlooked. Proper legal contracts should be one of the first steps in establishing yourself as a professional developer who is serious about app development. Protecting yourself and the individuals you work with should be done with written contracts that include crucial documents like a Technology Assignment Agreement, Independent Contractor Agreement, Service or License Agreement, Privacy Policy, and an NDA. Decide who owns the code and what rights each owner has if held jointly. Having all the programmers transfer their code to a firm in exchange for a stake in the company, cash, or a future promise is another technique to consolidate title. But whatever you decide to do, put it in writing and have it reviewed by an experienced lawyer.

When Should I Hire A Lawyer for App Development?

Hiring a lawyer for app development should be done somewhere in between the initial idea for the app being discussed, especially with third parties, and before it becomes available to the public. It is not advised to release an app on any app store before seeking legal advice. Before hiring developers or other employees, it is advised to establish legally sound contracts that will protect the work that you have already put into the app and the ideas that belong to you.

Contact the Law Office of EC Lewis Today

For many years, Elizabeth Lewis worked in the Information Technology industry and has a deep understanding of the issues that face people when developing an app. If you’re in the process of developing an app, don’t hesitate to reach out for legal advice.

How To Create A License For Software

How To Create A License For Software

by | Dec 29, 2021 | Business News, Software Licensing

How To Create A License For Software

Protecting the software company and the end-user is one of the many benefits of software licensing. Large and small companies alike are vulnerable. Unknowingly, organizations and individuals often utilize unlicensed software. Using unlicensed software is against the law and may result in a loss of time and money. Additionally, it might have a detrimental effect on production and efficiency. In this article, we will highlight the importance of software licensing and how to create a license for software. 

Software Licenses

 

 A software license is a legally binding agreement that outlines the terms and conditions for the use and distribution of software. Typically, software licenses allow end-users to make one or more copies of the program without breaking copyright laws. Additionally, the licensing agreement describes the parties’ obligations to the agreement and may place limits on how the program may be used. Software licensing terms and conditions often contain provisions governing fair use of the software, liability restrictions, warranties, and disclaimers. Additionally, they define safeguards in the event that the program or its usage violates the intellectual property rights of others. There are two distinct kinds of software licenses, each of which is treated differently under copyright law.

 

Free and Open-Source Software (FOSS)

The term “open source” is often used to refer to licensing for free and open-source software (FOSS). Along with the software product, the buyer receives the FOSS source code, and generally, the client is permitted to modify the program using the source code.

Proprietary License

Closed source is often used to refer to proprietary licensing. They supply operating codes to consumers, and users are not permitted to change this program in any way. Additionally, these agreements often prohibit reverse-engineering the software’s code in order to access the source code. With software becoming increasingly more prevalent in our daily lives, we must become familiar with key aspects such as software licensing. Despite the fact that soft­ware licens­ing might seem to be a complicated concept, con­sumers should make an effort to understand the ins and outs of it in order to improve soft­ware innovation.

Why Is Knowing How To Create A License For A Software Important?

Having a software license in place protects all individuals involved from the creating of software to the end-user. For example, someone may acquire the software, reverse engineer it, and then offer their own version. The software provider loses income, and the end-user obtains an unauthorized copy of the product, resulting in performance difficulties and cybersecurity concerns. If the end-user breaches the conditions of the software license agreement, they risk losing access to the product or facing a fee. Individuals and organizations should read and comprehend the software licensing terms in their entirety.

The Importance of Hiring An Experienced Software Licensing Attorney

Deal Negotiation

Hiring a lawyer to represent you who is experienced in how to create a license for a software gives you the option to negotiate a better bargain than the one given at the time of the license’s first offer. Negotiating a stronger license agreement is critical because it will help your firm save money over time. For instance, your lawyer may be able to reduce the cost of licensing or increase the number of software licenses you may keep. Additionally, your lawyer may be able to negotiate a longer license term for your firm, ensuring that you will not need to renew it in the near future.

Usage Rights

One of the most fundamental reasons to consult a lawyer when licensing new software for your business is to ensure that you fully understand your usage rights and obligations. If the tiny print of your license is not fully understood, you risk unknowingly violating it and losing your right to use the program you need. Fortunately, you can rely on your attorney to walk you through the whole licensing agreement line by line, ensuring that you thoroughly grasp each point and how the usage rights and laws will affect your capacity to use your new software in the future years, if at all. And, after everything is said and done, you’ll be able to avoid doing any activities, such as installing the program on unauthorized machines that would constitute a violation of your licensing contract.

Easy Deactivation

Suppose your company determines that it no longer requires the software you’re licensing. In that case, your lawyer can advise you on whether you may lawfully deactivate your license by providing notice or if you’ll be required to pay the penalty to exit the license early. Alternatively, if you want to transfer your software license to a new computer system, your lawyer may assist you with deactivating the license for the previous system, transferring the program to the new system, and then activating fresh licensing for it in a legal and smooth manner. Additionally, your attorney will assist you in ensuring that any actions or costs required to transfer your license to a new computer system are completed in a timely way, so you do not have to deal with a gap in your licensing.

Need An Attorney to Create a License for Software?

Elizabeth Lewis is an experienced software licensing attorney in Denver. If you have questions about how to create a license for a software, Contact the Law Office of E.C. Lewis today!

 

 

 

 

The Importance of Software Compliance

The Importance of Software Compliance

by | Nov 29, 2018 | Software Licensing

The Importance of Software Compliance

Your growing business needs more support, so you hire a new employee. You have carved out a work space and purchased another computer for her. She is able to start right away since you found an old Microsoft Office disc (which you previously installed on another employee’s system). Then, several weeks down the road, your new hire is just not working out and has to be let go. Next thing you know, you are summoned to court and ordered to pay thousands in fines for software license infringement. This nightmare scenario happens more often than you think, and there are enforcement programs and companies who will pay handsome sums to whistle-blowers like your disgruntled ex-employee. According to an Inc.com article, Microsoft Office is the most common software used in business today. No matter how small your business, you are required to have the correct license for each device running the MS Office Suite and in the correct version. A small business attorney will help you with all of your software licensing issues, including your own intellectual property that should be protected.

Microsoft, like other large technology companies, has been aggressively reconciling software licenses through audits in an effort to reduce piracy and abuse. They tally up users and licenses for their products, including Windows, Office, and Windows Server. If you are not in compliance, you will be faced with costly fees – “true-ups” – to update your software licensing. And, the more out of compliance your business is, the more costly the fines. Here are five helpful points to keep small businesses compliant with big corporations like Microsoft.

 Small Business Compliance is Very Important

Companies, like yours, in the small business category tend to grow very rapidly. Say you begin with an operation of 20 employees/20 computers. As you grow and add more users, you should purchase more licenses, something many people neglect to do. Five years down the road, you could be several licenses behind, resulting in thousands of dollars in true-up fees. Your small business attorney will make sure you stay current and compliant with your software licenses.

Audits are Fear-Instilling and Time-Consuming

There are plenty of things you should or would rather be doing than scouring your receipts and serial numbers. Keeping good records, understanding your agreements, and knowing what is being used by all of your employees will give you peace of mind and drastically reduce your stress level in the event of a software audit. You can create a compliance checklist with your attorney.

 Original Equipment Manufacturer (OEM) Licenses are Different Than Open Licenses

Software licensing can be a confusing combination of technology and legal jargon. An OEM license applies to one specific piece of equipment, and even if an OEM license key is printed on the side of a piece of hardware, it cannot be used on another machine. However, an open source license can be used on any piece of equipment.

 Volume License Keys (VLK) Have Limits

If you choose to buy a license using a VLK – e.g. 75 versions of MS Office for a multi-activation key – once you reach the agreed upon limit, the license is no longer usable. Each time you activate the key, it will decrease by one.

Compliance Matters to Businesses, Big and Small

Running genuine software not only renders your equipment faster and more secure and reliable, but it will also keep your small business out of trouble with big tech companies. Software compliance is just as important as protecting your proprietary software from being stolen by others. You can register easily and quickly with the United States Copyright Office.

If you need help with software licensing, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Attorney. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Real Estate Services for Business Owners

Elizabeth Lewis provides the following real estate law services to small and medium sized business owners in Denver and throughout Colorado:

  • Commercial real estate purchases
  • Legal review of commercial real estate leases
  • Protecting your assets

Conduct Your Own Software and Services Audit

Conduct Your Own Software and Services Audit

by | Nov 16, 2017 | Software Licensing

Conduct Your Own Software and Services Audit

In your small business, you may be a staff of one or you may employ a handful of people. When you purchased software, the license was for one user. You likely used a personal email address and bank card to make the purchase. At some point, you hired or contracted someone to create a website, or even to purchase additional software, on your behalf. If any of this sounds familiar to you, then it is important that you protect your business from software license and service issues, such as violations, cancellations, or inaccessibility. A small business attorney can help you with all of your intellectual property and licensing concerns.

Do Not Leave Your Small Business Exposed

It has become increasingly essential for small businesses to have an online presence, but finding the right web designer can be difficult, especially for the long-haul. But, outsourcing web design as well as having shared accounts with multiple users, such as the owner, employees, and contractors, can leave you prone. Failing to audit these various accounts can have a big impact on small businesses. Imagine the effect on your daily operations if the person who was developing your website leaves abruptly with no forwarding contact information. This can leave you with an unfinished website and no idea of how to access your license information or password. What if services are canceled because someone did not pass along a reminder that the credit card on file expired? If your domain fails to auto-renew, you will be in danger of losing it. Your attorney will not only help you stay compliant with your software licensing, but also advise or represent you if an employee or contractor misuses or violates the terms of an agreement.

Where To Begin Your Software and Services Audit

The scenarios above are just a few of the potential disasters you can easily avoid by conducting a software and services audit. Your audit will be made smoother by keeping organized records of receipts, license certificates, and other contracts or purchases related to your business’s software. It is important to maintain an inventory of all programs installed on desktops, laptops, or any device used for company purposes and to establish a usage policy. The policy should include privacy and confidentiality rules for employees during and after employment. Here are a few other important places to start your audit.

  • Email – Know how many email accounts are being used in your business and whether you or your employees are using personal addresses for company business. If you use email to communicate with clients, be aware of who else has access to important or sensitive information as well as the history of conversations.
  • Domain/Domain Name Server (DNS) – Track expirations dates on all of the domains you own, and be sure to submit and keep current payment and contact information. There are services available to host your domain and manage your DNS if you would rather not have your domain registered alongside your webhosting.
  • Software – If your website uses paid software or add-ons, know who owns these software licenses and to which email they are linked. This will ensure you receive important security updates and have access to web support. If your business develops websites for others, you can help them manage their site by providing a handover pack with important details and instructions. For example, I let a paid add-on for my credit card processing add-on expire which caused my credit card processing not to work when the credit card add-on was updated. The two add-ons were dependent on one another and updating the paid resolved the issue, but it took several emails from clients asking why it wasn’t working for me to figure it out!

While it seems like a monumental undertaking, auditing all of the software programs and services your business uses will save you time and stress down the road. You do not have to address everything at once – start with something small and continue to work down the list whenever you have a little time.

If you need help with software licensing, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Attorney. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Real Estate Services for Business Owners

Elizabeth Lewis provides the following real estate law services to small and medium sized business owners in Denver and throughout Colorado:

  • Commercial real estate purchases
  • Legal review of commercial real estate leases
  • Protecting your assets

Protect Your Business’s IP With Software Licenses

Protect Your Business’s IP With Software Licenses

by | Oct 11, 2017 | Software Licensing

Protect Your Business’s IP With Software Licenses

Your intellectual property (IP) can be protected by copyrights, trademarks, patents, and licenses.
You may have a product or service that calls for more than one of these IP rights. A software license is a legal instrument that governs the use or redistribution of software. These contracts transfer IP rights from the owner (licensor) to another party who wants to use them (licensee). They can be exclusive – allowing only one licensee – or nonexclusive – granting rights to multiple users. Besides protecting your business’s assets, licenses can generate significant revenue. If you have a product, website, application, or idea that needs to be licensed, Denver Small Business Attorney E.C. Lewis, P.C. will work with you to protect your intellectual property. This post will cover some basics of software licensing.

  1. Before Choosing Your Software License
  2. Ways to License Your Software
  3. Generating Revenue with a Software License

1. Before Choosing Your Software License

If you make your own software program or application, you likely want as many people to use it as possible – legally, that is. But, how do you decipher the billions of pages of information and laws about software copyrights, end-user license agreements (EULAs), other types of licenses, and so on? How do you know for sure what happens and how protected you are once your product is released? These are among the many major considerations, such as who holds the rights to your work, who gets to use it, how much access do they have to your design/code, and what type of license is best for your product. The last thing you want is to set yourself up for trouble. Simple protective measures regarding copyrights and licensing will go a long way, like going more restrictive than liberal in your terms from the start. As a developer, you may have some notion of how you would like the launch of your program or application to play out. The advice of a small business attorney with extensive experience in the information technology sector will help secure your IP and potential profits.

2. Ways to License Your Software

EULAs bind the end-user (licensee) with a valid contract and grant rights to use the software with terms and conditions. Some of these include limitation of liability of the licensor, disclaimer of warranties, choice of applicable law to the contractual relationship, venue for possible disputes, etc. Open-source licenses, like Apache 2.0, GPL, and LGPL, can be viewed as ready-made universal EULA formats. The open-source community is growing with more developers publishing their code online. Here are a few types of licenses.

  • MIT (Massachusetts Institute of Technology) License is an open-source license that allows the user to do as they wish with the software/code as long as they give you proper credit or attribution. You are not held liable if issues arise from the software.
  • Apache License 2.0 is similar to the MIT License, but the end-user cannot use any of the work under your trademark. This gives you patent protection.
  • GPL (General Public License), known as a viral license, is widely used. With this license, anyone can use, distribute, and modify the software. The Lesser GPL (LGPL) is a less viral type, permitting the use of a library in proprietary programs and protecting your code under similar rules to GPL. It does not force any code outside of your own to be released under the same license.
  • Artistic License 2.0 enables users to copy and distribute copies of the software, but changes are not allowed.
  • EPL (Eclipse Public License) allows people to use, modify, copy, and distribute the code and modified versions for free. With an EPL license, anyone distributing the work must grant every recipient a license to any patents that cover the modifications they have made.
  • BSD (Berkeley Software Distribution) Licenses are a series of licenses which have varying clauses. The Simplified BSD license and the New BSD license are two GPL compliant licenses. These licenses impose the minimal restrictions on the redistribution of covered software.

These are only a few of the major software licenses out there. Your small business attorney can go over all of the different levels of complexity, restrictions, and benefits among them to determine what is right for you.

3. Generating Revenue with a Software License

When it comes to protecting your IP, software is one of the most licensable. The key to the successfully commercializing your software is to choose the right license in order to generate revenue without giving up rights. Partnering licensing is a way to gain additional support, recognition, or marketing channels. A co-brand license can lend credibility and quickly raise awareness, leading to broader sales. Another partnering strategy is to license out rights to market and distribute your product. This could enable you to enter into global markets you would otherwise not reach. A third example is non-competing field, which is a good alternative if you do not intend to enter certain markets. In this case, you could partner with a larger, established software developer of another product and bundle yours with it. Whichever way you decide to go, it is essential to register with the U.S. Copyright Office. This reinforces your rights, especially if you find yourself in litigation. A small business attorney will be there with you if you ever have to take someone to court.

If you need help with software licensing, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Attorney. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Real Estate Services for Business Owners

Elizabeth Lewis provides the following real estate law services to small and medium sized business owners in Denver and throughout Colorado:

  • Commercial real estate purchases
  • Legal review of commercial real estate leases
  • Protecting your assets

The Five C’s of Software Licensing

The Five C’s of Software Licensing

by | Jul 5, 2017 | Business News, Internet Law, Software Licensing

The Five C’s of Software Licensing

Software licensing can be a daunting combination where the perplexing realm of technology meets legal jargon. Defined as legal documents or contracts that govern the use and distribution of software, these licenses provide necessary protection for your business. Without proper licensing, you may be prone to someone stealing your intellectual property, or you may unwittingly commit copyright infringement. As a small business owner, it is essential to understand the importance of software licensing in order to protect your business’s brand or product and to avoid illegally using someone else’s. When the terms and contracts are beyond an IT issue, Attorney Elizabeth Lewis will help you work through it. Here are 5 essential areas of software licensing.

  1. Copyright
  2. Contracts
  3. Codes
  4. Confidentiality
  5. Compliance

1. Copyright

Whether you are a mom and pop store or an expanding enterprise, your intellectual property is as valuable as your merchandise. A lot of work goes into creating marketing concepts, a logo, a business plan, and overall operations/procedures. If you neglect to protect these assets through software copyright, you will be defenseless against others profiting from what you created. Registering your software copyright with the U.S. copyright office reinforces your copyrights, especially if you ever have to take someone to court. A small business attorney will help you determine what aspects of your business – a website, a product, or an idea – need to be protected by a software license.

2. Contracts

No one hires a disgruntled employee, but people can become dissatisfied over time and want to damage your business. There are contracts to safeguard your company from any employees who may try to exploit the knowledge they have accessed while working for you. Non-compete agreements are clauses under which employees cannot create businesses like yours while you employ them or start a similar one for a determined amount of time after they leave your employment; however they are only allowed in certain situations in Colorado so it is important to know if one will really protect you or if you need to use other means as well. Other employment agreements state simply that you own any work that your employees do for you. Confidentiality agreements protect your trade secrets and prohibit others from giving damaging insight into the operations of your business. An attorney will
help you take all of the necessary precautions to protect your intellectual property and represent you in the event of these types of theft.

3. Codes

Open source code licenses allow anyone to use, modify, and share your licensed software. You may not be able to govern every single user’s actions, but you are still protected as the original creator and are entitled to credit for your contributions. These licenses can make it easy for others to share, contribute, and build upon your project without having to obtain special permission. Issues with noncompliance and proper licensing can arise when using open source code licenses. An attorney will help you with these issues as well as any open-source versus proprietary software dilemmas.

4. Confidentiality

Your business’s success depends on your competitive advantage, something you can maintain by protecting your intellectual property. Keeping your trade secrets a secret takes measures, including confidentiality agreements and nondisclosure agreements. Software licenses keep some of your most valuable information – ideas, practices, applications, websites – safely guarded.

5. Compliance

We have all scrolled rapidly to the end of the terms of an agreement and clicked “I agree” without necessarily comprehending or even reading all of the words. As a software user, it is crucial to obtain your software through legal means, know precisely who is allowed to use it and how many copies are covered by the license, and read and understand the license agreement. Many small business owners do not purchase enough copies of software, thinking they can use one copy for everyone. This will inevitably lead to consequences from having your software disabled to facing huge fines or litigation. A small business attorney will ensure you have taken the necessary precautions and represent you in the event of a software licensing violation.

If you need help with software licensing, contact me, Elizabeth Lewis, at the Law Office of E.C. Lewis, P.C., home of your Denver Business Attorney. Phone: 720-258-6647. Email: elizabeth.lewis@eclewis.com

Contact Us Today

Law Office of E.C. Lewis, P.C.
Your Denver Business Attorney

LICENSED IN COLORADO AND NORTH CAROLINA

Mailing Address:

501 S. Cherry Street, Suite 1100
Denver, CO 80246
720-258-6647
Elizabeth.Lewis@eclewis.com

Online at:

Real Estate Services for Business Owners

Elizabeth Lewis provides the following real estate law services to small and medium sized business owners in Denver and throughout Colorado:

  • Commercial real estate purchases
  • Legal review of commercial real estate leases
  • Protecting your assets