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  • 18 - Software, Data and the Cloud

  • from Part III - Industry- and Context-Specific Licensing Topics
  • Jorge L. Contreras, University of Utah
  • Book:
    Intellectual Property Licensing and Transactions
    Published online:
    21 June 2022
    Print publication:
    30 June 2022, pp 556-591
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  • Summary

    Chapter 18 covers the licensing of commercial software, data and databases. It begins with a discussion of database protection, including the history of legislative attempts to cover data and databases under copyright law, and the divergent pathways taken in the US and EU. It next addresses commercial data and database licensing practices (MD Mark v. Kerr-McGee, Eden Hannon v. Sumitomo). The chapter next discusses data privacy and protection regulations and their implementation in licensing agreements. It next moves to commercial software licensing, discussing the distinctions between source and object code. and offering some background on the legal protection of computer software through copyright, patent and trade secret law. Particular software licensing practices are discussed next, including provisions necessary to license source code, maintenance and support obligations, reverse engineering restrictions. It concludes with a discussion of licensing in the cloud and how different companies have approached this business model.