Recordings of the presentations can be viewed below.
How software vendors are becoming more assertive (Richard Kemp):
The SAP vs Diageo case (Deirdre Moynihan):
How new software deployment techniques sharpen the focus on licence grant clauses (Richard Kemp):
Software Over-Deployment: Future Proofing the Licence Agreement for the Machine Age
Date and Time: 09.00 – 10.30, Wednesday 21 June 2017
Place: London Capital Club, 15 Abchurch Lane, London EC4N 7BW
The ‘scope of licence’ clause at the front end of software agreements tends to get treated like the back end ‘boiler plate’ – a quick sanity check will do. But organisations need to get used to paying closer attention to ensuring their licences fully cover everything they want to use the software for.
This is for three reasons:
in the UK’s first software over deployment case, the High Court in February 2017 ruled on a claim by SAP that Diageo plc owed them more than £50m for licence non-compliance;
software systems increasingly interact more widely with other systems as software functionality expands through new deploymenttechniques;
the accent in the marketplace is moving from ‘trust’ to ‘verify’ as software vendors increasingly take a harder line over their software audit rights.
Speakers from top IT law specialist Kemp IT Law will bring these three strands – legal, technical and commercial – together to show what software customers need to do to avoid expensive surprises. Richard Kemp, widely regarded as one of the country’s top software lawyers, will show how software over-deployment can be a growing risk to the business, how the new deployment techniques magnify the risks and how they can be successfully managed. Deirdre Moynihan, who joined Kemp IT Law in 2016 from Morrison & Foerster, will highlight the issues in SAP v Diageo and the key takeaways from the case.
The event is at the London Capital Club, close to Bank in the City. Attendees will have an opportunity to network at breakfast and coffee. We aim to get everyone away by 10.30 so as not to take up too much of your day.
08.30 – 09.00: Breakfast
09.00 – 09.05: Welcome – Richard Kemp
09.05 – 09.15: Context: Customer-side over deployment – a growing risk to the business relationship
Richard Kemp, Founder, Kemp IT Law
09.15 – 09.45: SAP v Diageo (2017) – the UK’s first software over deployment case
Issues in the case
Deirdre Moynihan, Solicitor, Kemp IT Law
09.45 – 10.00: coffee/networking
10.00 – 10.20: New software deployment techniques and successfully managing the risk
The pieces of the puzzle: AI, algos, APIs, RPA, OSS, SOA, smart contracts, XaaS
Why the move to the cloud, APIs and interoperable systems make clearly drafted licence scope terms critical
Aligning use cases to licence scope over the contract lifecycle