Call us0333 370 4333
13/11/18

Software Licencing Breaches | Kangs Solicitors Defending Licence Breaches

Share

As software companies are increasingly enforcing compliance with the terms and conditions of their licence agreements, it is very important to understand, when using any software, the terms upon which its use is permitted particularly as, in some instances, deliberate breaches and abuses can amount to a criminal offence.

Timothy Thompson of Kangs Solicitors, who has been advising a number of UK companies on alleged breaches reports upon the position.

Software Licence Agreements | Kangs Regulatory and Compliance Solicitors

Software is ‘Intellectual Property’ and, as such, requires effective protection for the publisher to ensure legal use and to provide sanctions in the event of any abuse.

Software Publishers seek to protect their position through License Agreements which strictly regulate the use of their product.

Such Licence Agreements usually incorporate the right for the software publisher to conduct a Software Licence Compliance Audit (‘a Compliance Audit’), the nature of which has been detailed in a previous article on this website under the title:

Software Licence Compliance Audits

It has been reported that more than two-thirds of businesses receive at least one Compliance Audit request each year.

Software Licence Compliance Audits | Kangs Solicitors

Upon receipt of a Compliance Audit Request legal advice should be sought immediately for guidance and advice throughout the process.

However, our team is able to assist whatever stage the process has reached by:

  • advising upon and assisting with the conduct of an internal audit in order to assess the adequacy of compliance.
  • consideration of and advising upon any initial report from the software publisher challenging and defending any alleged breaches.
  • preparing for and conducting any settlement negotiations that may become necessary.

Who Can I Contact For Help? | Kangs Software Regulatory and Compliance Team

Software Compliance Defence

We are regularly instructed by Companies and Individuals and have a team of lawyers who can provide you with the necessary advice and guidance to ensure that your legal rights are protected.

Should you have any questions or need advice on any software regulatory topic, please do not hesitate to contact our team through any of the following:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258 171 | 020 7936 6396 | 0121 449 9888

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 0121 449 9888

New Sentencing Guidelines (‘the New Guidelines’), which come into effect on 1st January 2020, have been issued covering adults convicted of Public Order Offences. John Veale of Kangs Solicitors comments upon the changes. Background | Kangs Sentencing Advisory Team In August 2008, the Sentencing Guidelines Council published Magistrates’ Court Sentencing Guidelines in respect of such […]
01/11/19
The Court of Appeal has recently handed down an important Judgement protecting legal professional privilege (‘LPP’). Helen Holder of Kangs Solicitors explains the nature of LPP. What is Legal Professional Privilege? | Kangs Criminal Law Advisory Team LPP protects all communications between professional legal advisors and their clients from being disclosed without each individual client’s […]
31/10/19
A cut-throat defence arises where, during criminal proceedings, a defendant gives evidence on his own behalf and which is not only likely to strengthen the prosecution case but is designed to damage a co-defendant’s case to the extent that it may go as far as blaming the co-defendant whilst endeavouring to exonerate himself. John Veale […]
30/10/19

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential. Please note do not accept legal aid instructions.
Old map of Birmingham