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Tagged: intellectual property

January 28, 2013

The Anti-NDA for Idea Submissions (Instead of the “Feedback License”)

In an earlier post, I explained that the standard “feedback license” arises out of a misunderstanding of IP—and generally asks too much from the would-be licensor. After some kvetching in the comments from Professor Eric Goldman, I suggested a “Disclaimer of Idea Restrictions” instead of a feedback license. Since then, I’ve expanded on that idea […]

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March 26, 2012

Avoid Licenses to “Use” Software

A lot of software licenses grant the recipient the right to “use” software. But the use license springs from a misunderstanding of copyright law. As a result, it’s not clear. A use license may give broader rights than the provider intends or narrower rights than the recipient needs. I’m going to suggest a better, simpler […]

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August 20, 2011

“Mirror Indemnities” Don’t Work

Imagine an IT contract negotiation. One party asks the other to indemnify and defend it against certain suits by third parties. Maybe it’s a customer asking its vendor for an IP indemnity. Or maybe it’s a distributor asking its supplier for an indemnity against product liability suits. Either way, the party receiving the request says, […]

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The articles posted here do not provide legal advice. No attorney-client relationship is formed by your use of this blog. You use the information provided here at your own risk. © 2016 by David W. Tollen. All rights reserved.


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