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Ninth Circuit: Absent evidence of intent to the contrary, custom software purchaser retains license

By McKee, Voorhees & Sease, P.L.C.

In a recent decision, the Ninth Circuit affirmed a district court's decision that a software developer's delivery of customized software includes a grant of an unlimited, non-exclusive, implied license to use, modify, and retain the source code of the programs in the absence of written agreements to the contrary. The Ninth Circuit also affirmed the district court’s determination that the license granted by the transfer defeated the developer’s trade secret claim based on the source code of the software as the license to modify the source code implicitly allowed access to the trade secrets in the source code.

More on Asset Mktg. Sys., Inc. v. Gagnon after the jump.

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Full post as published by FileWrapper on September 25, 2008 (boomark / email).