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Full-Text Articles in Law
And Then There Were None: Requirements Contracts And The Buyer Who Does Not Buy, Cheryl R. Guttenberg
And Then There Were None: Requirements Contracts And The Buyer Who Does Not Buy, Cheryl R. Guttenberg
Washington Law Review
In requirements contract cases where buyer has significantly reduced—or no—requirements, courts employ inconsistent reasoning, resulting in legal uncertainty and economically inefficient exchanges. This Comment proposes a more predictable, efficient rule that would allow buyer to reduce its requirements after giving seller a business reason for the reduction, placing the risk of reduced requirements explicitly on seller.
Software Distribution Agreements And Bankruptcy: The Licensor's Perspective, J. Dianne Brinson
Software Distribution Agreements And Bankruptcy: The Licensor's Perspective, J. Dianne Brinson
Washington Law Review
This Article addresses a special problem within the software-industry—licensee bankruptcy and the need to protect the rights of licensors in the software. Although federal law now protects the rights of a software licensee in the technology when a licensor undergoes bankruptcy, little guidance exists as to the effects of licensee bankruptcy upon the software licensor. This Article thoroughly reviews the relevant bankruptcy and copyright law as they relate to the computer software area, and then discusses why a licensor should consider avoiding the possibility of a software license being treated as an executory contract. The author concludes by offering practical …