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Software Licensing: Advanced Issues, Cloud, Open-source Considerations, and the Fallout from Alice
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Toronto Chapter Meeting

When: Thursday, February 11, 2016
12:00 pm - 2:00 pm
Where: McCarthy Tétrault LLP
66 Wellington Street West
Suite 5300, TD Bank Tower
Toronto, Ontario  M5K 1E6
Contact: Robert Tremblay

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Alfred Macchione, McCarthy Tétrault LLP
George Takach, McCarthy Tétrault LLP


The Internet "changes everything", and it is no different with software licensing.  One model continues to be the on premise, lump sum payment software license for proprietary software.  The new Internet-based model, however, includes all or some of the following attributes: access to the software over the Internet, either on a "cloud" basis, or by accessing "SaaS" (software as a service).  And then there is the whole open source phenomenon (facilitated by Internet-based OS development communities) when it comes to software.  Finally, important recent jurisprudence speaks to the scope of IP protection for software, including the US Supreme Court decision in Alice.

In this presentation, George S. Takach and Alfred A. Macchione will discuss the main themes driving software license issues today.  Equally, they will explore practical alternatives for managing the principal risks presented by these issues.  Vehicles such as software escrows, co-ownership, security interests, and other mechanisms will be discussed, together with the growing incidence of software use audits and the expensive settlements that typically accompany them.

Early in USD
LES Member: $20
Non-Member: $30

By check onsite in CDN
LES Member: $30
Non-Member: $40


George S. Takach is a senior partner in the Toronto office of McCarthy Tétrault. George brings significant value to clients in their tech company M&A/financing deals, their sophisticated tech licensing, IT procurement and other tech commercial transactions, and their more challenging e-commerce activities, including projects involving cloud computing, big data and social media.  George is the author of three books: Computer LawThe Software Business; and Contracting for Computers. For 20 years he was an Adjunct Professor at Osgoode Hall Law School, York University, where he taught an evening course in Computer Law.

Alfred A. Macchione is a partner in the Toronto office of McCarthy Tétrault.  Alfred holds a master's degree in engineering and graduated from the McGill Faculty of Law as an Elizabeth Torrance Gold Medallist. He was called to the bars of Ontario and Québec and is a registered patent and trade-mark agent.  Mr. Macchione is involved in all aspects of the clearance, acquisition, enforcement and exploitation of patents, trade-marks, copyright, designs and other forms of intellectual property, with special emphasis on high technology. He has particular experience in the patenting of inventions in the fields of networked communications, business and financial services processes, software and other forms of computer technology.