Computer Law

While enforcement of intellectual property rights will always be critical, enforcement of contracts is becoming increasingly important in the software industry. In mature industries, a course of conduct between businesses develops over time which guides lawyers and judges in determining whether a breach of contract is material or whether it is incidental. However, because the software industry is still emerging the standards for breach of contract are not always clear.

In two important lawsuits our firm has represented clients who were victims of a breach of contract, and where the other party claimed that the breach was merely incidental. One lawsuit involved a recalcitrant independent contractor who consistently refused to repair a non-standard and non-intuitive user interface contained in widely distributed commercial software, contending that an intuitive and easy-to-use interface was not an important element of his contract to improve and upgrade the program. In another case, a sales and marketing company hired by our client simply refused to conduct sales and marketing efforts consistent with the market for our client's product.

In each case our firm was able to establish that the particular breach of the contract violated industry practice and expectations. As a result, settlements advantageous to our clients were reached prior to trial.

Each situation is different, and there are no guarantees. However, our firm's familiarity with the emerging course of conduct in the software industry enables us to properly analyze your company's legal rights and obligations.

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