Computer Software Contracts: A Review of the Caselaw

The pervasiveness of computers in our society has led to numerous legal controversies involving computers and computer transactions. Conflicts between buyers and sellers of computer software have resulted in, and will continue to result in, both tort and breach of contract actions to redress disputes. This article focuses on those contract actions involving computer software. A fundamental issue in resolving a contract dispute involving a software transaction is whether article 2 of the Uniform Commercial Code (hereinafter UCC) or the common law governs. It has been recognized that whether article 2 applies to computer software contracts is very significant especially in the areas of warranties, consequential damages, and limitations on liability. However, commentators have disagreed on the answer to this question. This article categorizes and examines the judicial decisions that have confronted this question. An analysis of these decisions demonstrates that although only a limited number of courts have faced this question the decisions are generally consistent and reconcilable when viewed in the context of commercial transactions generally

Design Patent Evolution: From Obscurity to Center Stage

Design Patient Evolution: From Obscurity to Center Stag

Intellectual property management and technological entrepreneurship

This paper investigates the distinctive technology protection strategies of entrepreneurial technology firms. In contrast with much popular opinion, it is reported that intellectual property features more prominently in the business of small entrepreneurial firms than it does in the business of large, established mature firms. The intellectual property portfolios of technology firms of all sizes and ages exhibit a rich array of instruments in addition to patents for protecting technology, including trade secrets, trademarks and copyright, together with licenses to externally sourced technology. The intellectual property profiles of technology firms appear to be influenced by their context, organizational profiles and corporate goals and by the character of their technology