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>Implied Licenses with Software Developers

>An interesting opinion denying a preliminary injunction in a software development case has just come out of the Eastern District of Washington. The defendant company, bVisual, was sued for copyright infringement by Numbers Licensing, an independent developer hired by bVisual to do software development work. Committing a surprisingly common error, bVisual failed to get a signed, written agreement with Numbers Licensing that placed ownership rights in the source code with bVisual. Therefore, when the two parties later got involved in litigation, the court found that the developer still owned the copyright in the developed source code on bVisual?ÇÖs computers.However, all was not lost for the defendant, as the court also found that bVisual had an implied license to continue using and modifying the source code. The court found that the relationship between the parties, the defendant?ÇÖs payment of a substantial amount of money for the software, and the fact the… Continue Reading

September 2009
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