If you use software licensed by SAP you better read your license. If you have not yet acquired SAP software, you should make sure you use an experienced IT licensing lawyer before contracting. If you agreed to SAP’s standard license terms and use the software in a way not expressly permitted by the license it could cost you tens of millions of dollars in completely unexpected incremental license and maintenance fees. That is what happened to a UK company in a questionable decision released a few days ago in a case called SAP UK Ltd v Diageo Great Britain Ltd  EWHC 189 (TCC) (16 February 2017) .
Archive for the ‘IT Contracts’ category
For tech lawyers like me and many readers of this blog, it’s a rare treat when a Canadian court construes an IT contract and opines on clauses we see in agreements all the time. The case IT lawyers will want to read is Atos v Sapient, 2016 ONSC 6852
This case involved a contract dispute between the prime contractor Sapient and its subcontractor Siemens (now Atos). Here are some legal nuggets you might want to think about in your next IT contracts.
I gave my annual presentation today to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covered the period from June 2014 to June 2015. The developments included cases from Canada, the U.S. the U.K. and other Commonwealth countries.
The developments were organized into the broad topics of: Online Agreements, Licensing/Technology Contracting, Privacy, Online Liability, Cyber-security and Copyright.
The cases referred to are listed below. My slides can be viewed after the case listing.
Nguyen v. Barnes & Noble, Inc., 763 F. 3d 1171 (9th.Cir. 2014)
Yesterday, Helen Aston and I spoke at IT.Can’s The 2003 Information Technology Law Spring Forum. Our topic was Representations, Warranties and Indemnities (in IT transaction) – A Primer. The slides we used as a conversation starter are shown below.
Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2009-2010). It covers significant developements since my talk last spring.
The slides include a summary of the following cases and statutory references:
Tercon Contractors Ltd. v. British Columbia, 2010 SCC 4
Internet Broadcasting Corporation Ltd. v Mar LLC  EWHC 844 (Ch)
Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Sysytems Pty Ltd  NSWSC 267 (9 April 2010)
Kingsway Hall Hotel Ltd. v Red Sky IT (Hounslow) Ltd.  EWHC 965
IT lawyers know all too well that IT contracts can go awry. That is why so much time is spent arguing about limits of liability during contract negotiations. A recent example is the BSkyb Ltd & Anor v HP Enterprise Services UK Ltd & Anor (Rev 1)  EWHC 86 (TCC) (26 January 2010) case where the UK court made a huge damage award against HP.