David Tollen Speaking at Western Bankers Association

On August 26, David Tollen will be speaking at the 2019 Education Summit & Regulatory Compliance Conference — a Western Bankers Association (WBA) event. David is giving the Technology & Ops presentation. His topic is “Cloud Computing Contracts: How Banks Can Get the Best Terms.” The conference is in Huntington Beach, California (at the Hyatt […]

Open Source in Software Procurement – 4. IP Indemnities

By David W. Tollen This is the fourth in a series of five posts on Open Source in Software Procurement. Click here for the prior post, and click here for the intro, which lists all five topics. In most cases, the licensee does not need an “open source indemnity.” It doesn’t need terms specifically addressing copyleft open source […]

Open Source in Software Procurement – 3. Warranties

By David W. Tollen This is the third in a series of five posts on Open Source in Software Procurement. Click here for the prior post, and click here for the intro, which lists all five topics. Fear of open source software leads licensees to draft terms like this: “Vendor warrants that the Licensed Software does […]

Open Source in Software Procurement – 2. When It Matters

By David W. Tollen This is the second of five posts in a series called Open Source in Software Procurement. Click here for the first/introductory post. Open source software is software licensed (a) with its source code included and (b) with the right to modify and redistribute. What’s wrong with that? Nothing. Concerns about OSS arise […]

Open Source in Software Procurement – 1. Intro

Contract drafters rarely understand open source software (OSS). They see it as a threat, so when they’re buying software, they try to exclude OSS from their vendors’ products. In most cases, the concern is misplaced. Software licensees may have good reason to worry about copyleft software, which is one type of OSS. But other open source […]