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ARTICLE · 23 FEBRUARY 2015

Copyright Infringement Implications For Mergers & Acquisitions

Scott & Scott LLP
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During a merger, divestiture or acquisition, the surviving entities may have a struggle with resulting ownership of software assets.

United StatesIntellectual Property
Keli Johnson Swan
Keli Johnson Swan
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During a merger, divestiture or acquisition, the surviving entities may have a struggle with resulting ownership of software assets.  Many companies include transfer language in their transaction documents to identify potential software and hardware assets to be transferred.  Provisions in transaction documents may not definitively determine the ownership of the software assets in future license reviews.  Copyright infringement reviews and claims related to software could potentially cost a larger company hundreds of thousands of dollars, so it is important to be aware of the possible implications.

There are two main concerns regarding the retention of another company's computers and servers:

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