2020-06-11
Case Studies

Major software licensing problem

Home / Knowledge base / Major software licensing problem

Posted by Luke Moulton on 11 June 2020

Luke Moulton - Intellectual Property Lawyer
Luke Moulton Associate

We helped a technology supplier with a major software licensing problem:

  • Our client had brought new sites into scope for a large, multi-site public sector customer, without a formal contract variation and without the requisite extension to software licences to cover the new sites.
  • After informal discussions to extend software licences to cover the new sites, the software provider demanded licence fees for new sites plus back payments (and threatened to tell customer that the sites were unlicensed).

We recommended an early dispute resolution approach, which ultimately:

  • helped the supplier stand up to the provider; and
  • enabled supplier to push the dispute into long grass for 18 months and to manage relationship with customer.

Using early dispute resolution, we analysed legal and factual position, and the wider context, to determine the strength of our client’s position and strategy. We then:

  • developed strategy with supplier to meet objective of delaying progress;
  • focussed on provider’s failure to invoke (correctly) the dispute resolution process;
  • took advantage of provider’s lack of focus on key issues;
  • enabled our client to manage staged escalation to senior management, rather than reacting to the provider’s demands; and
  • enabled supplier to manage communications to customer.

This resulted in:

  • A negotiated settlement
  • At a time to suit to our client, some 2 years after problem arose

About the author

Luke Moulton

Associate

Luke is an experienced intellectual property lawyer advising clients on disputes relating to their intellectual property rights.

Luke Moulton

Luke is an experienced intellectual property lawyer advising clients on disputes relating to their intellectual property rights.

Recent articles

28 October 2020 The new model shared ownership lease

Government plans to introduce a new form of shared ownership lease from April 2021 will apply to all schemes funded by the 2021-26 Affordable Homes Programme. The intention is that it will be more consumer friendly, easier to access and allow shared owners to increase the stake in their home in a more manageable and affordable way.

Read article
28 October 2020 Wright Hassall announces permanent hybrid working

A hybrid approach to working is being permanently introduced at Leamington-based law firm Wright Hassall, which will see the majority of the company’s workforce given the option to split their time between their home and the firm’s offices on Olympus Avenue – once the government’s latest guidance on working from home where possible is relaxed.

Read article
27 October 2020 'Tina Talks' UK Employment Law - Q&A

She's at it again. Our Head of Employment Law, Tina Chander, is back on the sofa answering your questions on employment law. This month she is covering COVID19 and social media queries .

Read article
Contact
How can we help?
01926 732512
CALL BACK