Title: Software licensing – the effect of law and regulation

Authors: Henry H. Shipley

Addresses: Licensing Controller, Intellectual Property Unit, British Telecom, 151 Gower Street, London WClE 6BA, UK

Abstract: The problems of software licensing are considered, both those created by the special nature of the product itself and those caused by the environment of preexisting law and regulation. The paper considers the nature of software and its applications, and goes on to suggest some of the questions to be considered in deciding on a commercial strategy for the exploitation of software. The legal and physical protection of software is examined, followed by escrow agreements; these matters are drawn together in a consideration of the points that need to be dealt with in software licensing agreements. The paper ends with a discussion of a special sort of licence agreement known as a |shrink-wrap| licence.

Keywords: software licensing; copyright; escrow; shrink-wrap licences; law; regulation.

DOI: 10.1504/IJTM.1988.025956

International Journal of Technology Management, 1988 Vol.3 No.1/2, pp.63 - 69

Available online: 26 May 2009 *

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