Licensing intellectual property software package (IP)

[fsam]

Jurisdiction

D.C.

Software_PACK_OWNER: The company owns the Software_PACK library, a software component for generating DOCX documents.

PLATFORM_PROVIDER: The technology partner responsible for implementing and maintaining the platform used by END_USER. PLATFORM_PROVIDER procured OEM licenses for Software_PACK but needed to apply them properly.

END_USER: The end-user of the platform managed by PLATFORM_PROVIDER, which includes the Software_PACK library for generating DOCX documents.


Non-Compliance: END_USER has been flagged by Software_PACK_OWNER for non-compliance due to using an unlicensed version of Software_PACK in the platform.

Licensing Oversight: PLATFORM_PROVIDER had originally procured OEM licenses for Software_PACK to deploy them in the END_USER project but failed to do so. This was acknowledged as an oversight by PLATFORM_PROVIDER.

Financial Liability: Software_PACK_OWNER initially claimed that END_USER needs to pay a certain amount to resolve past non-compliance.

As END_USER, what would you recommend I do from a legal perspective?

 

[adjusterjack]

As END_USER, what would you recommend I do from a legal perspective?

Depending on how much money is being demanded, I suggest you hire an attorney.

 

[fsam]

Thinking to write the following email:

---//--------
Dear Software_PACK_OWNER,

As you are aware, we are in the process of resolving a licensing issue concerning using the Software_PACK library in our project with PLATFORM_PROVIDER. We have reviewed the draft of the Agreement your team sent and have concerns we would like to clarify.

Specifically, the summary from Software_PACK_OWNER indicates that "END_USER needs to pay some USD for getting a release from past non-compliance." We would appreciate a detailed breakdown of this cost, including but not limited to:


· Fees for past usage of the unlicensed Software_PACK library.

· Any penalty fees or fines for non-compliance.

· Costs associated with acquiring the appropriate licenses moving forward.

· Any other fees or costs that have not been explicitly stated.

· Understanding the details behind these costs is crucial for our internal decision-making process and ensuring transparent and fair dealings between our organizations.


Per our existing Agreement with PLATFORM_PROVIDER, it is our understanding that PLATFORM_PROVIDER holds responsibility for ensuring compliance with third-party software licenses. As such, we are in discussions with them to clarify their role in this matter.

Please provide us with the requested information at your earliest convenience to resolve this issue promptly.


Thank you for your attention to this matter. We look forward to your timely response.


Best regards,

END_USER
----//----------------

Your recommendation.

 

[Zigner]

Thinking to write the following email:
...
Your recommendation.

Talk to an attorney.

 

[army judge]

Your recommendation

Hire an attorney to help you clean up the mess that stymies and pesters you.

Don't allow the mess to financially ruin you, thinking the mess is a DIY project!

 

[fsam]

Any other recommendations before I close the ticket? Thank you.

 

[fsam]

Closing the ticket.

 

[Zigner]

Closing the ticket.

Huh?

 

[justblue]

Closing the ticket.

What are you talking about?

 

[army judge]

What are you talking about?

OP decided to close the thread.

I'll do it for him.