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ARTICLE · 05 JUNE 2014

Licensing Blues

Pity the poor licence agreement. Sometimes it doesn’t get much respect from clients.

CanadaIntellectual Property

Pity the poor licence agreement. Sometimes it doesn't get much respect from clients.

Recently one of my clients sent me a licence entitled "legal boilerplate," which at least brought a smile to my face. After all, don't all these licences just say the same thing?

However, I have found this laissez-faire attitude sometimes comes with a cost, usually in the form of a litigation lawyer's letter demanding the client immediately cease using the software in question, or pay additional licensing fees/upgrade its software to account for the client's additional usage/misuse or face the (dire) consequences.

The following three scenarios illustrate the pitfalls of disconnection between vendors' standard paper and the way in which licencees actually use their products.

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