Fed. Circ. Ruling Establishes Framework For Gov't IP Disputes

By Nathaniel Castellano and Michael Kientzle (March 10, 2021, 5:53 PM EST) -- Bitmanagement Software GmbH v. U.S. raises important issues for any company licensing software to the U.S. government, particularly those that utilize third-party resellers.[1]

Under this decision, even when the government acquires a license with express limits on the scope of the government's rights (e.g., limiting installation to a set number of computers), the parties' conduct may give the government an implied license to use the software beyond the scope of the express license (e.g., vast deployments across government networks).

However, even with an implied license, the government may be liable for copyright infringement if it fails to comply with a condition...

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