Interopera-what?

Licensing Negotiations - profiling the opposition

Before entering into any technology license negotiation, it's sensible to first develop a profile of the party you're negotiating with.   With IP negotiations, this can be done in a number of ways, but in this post we'll talk about how a party's role in the market can impact on their profile.

Here's a quick breakdown of how a party's market role can affect their negotiation stance:

Living in the Cloud

Cloud services have proliferated the IT services industry in the last few years or so, and it's easy to see why.   There are numerous advantages to offering and using cloud services as opposed to out of the box software solutions.   For service vendors the model enables a steady income stream and a quick way to fix bugs and get improvements to customers.   For providers, it's a way of diversifying existing IT services and enabling income that wasn't previously available.   For service users, the model offers better tax deductibility due to the switch from CAPEX to OPEX, usually a better overall reliability, and if properly researched, it can reduce the overall IT maintenance spend.

Collaboration Conundrums

We know.   It's hard enough satisfying your own shareholders, let alone trying to satisfy someone else's. The thought of trying to get another enterprise to work with you on a long term development project involving multiple IP rights can be daunting.

But however difficult collaborations are, sometimes you can't afford to ignore the opportunities they present.  We can't give collaborations and collaboration licensing an exhaustive treatment in this post, but we thought we'd put pen to paper and give you a summary of some selected issues that need to be considered when putting together collaboration deals.

Web Scraping and Copyright

Technology develops faster than the law does.   This can have both good and bad results.  Take the practice of web-scraping, for instance.   The same type of software used to detail the content of your site for search engine results can also be used to rob you of your innovative content.   Instead of just syndicating the content to provide it for search results, the software can also ‘scrape up’ the content to be used somewhere else.

The logical legal tool to deal with web-scraping abuse is copyright.