Book Review the Legal Software Legal Book, Paul S. Hoffman, Shafer Books, Inc, Groton-on-hudson, New York, 1996 Edition, Two Volumes, $235. (fn1)
| Pages | 159 |
| Publication year | 2021 |
70 CBJ 159. BOOK REVIEW THE LEGAL SOFTWARE LEGAL BOOK, Paul S. Hoffman, Shafer Books, Inc, Groton-On-Hudson, New York, 1996 edition, Two Volumes, $235. (fn1)
Paul Hoffman has been generating the Software Legal Book on an annual basis since 1981 since it is a useful tool for lawyers engaged in the preparation of agreements involving computer software. The cost of the two volume set is reasonable, and many practitioners purchase a new edition every 2-3 years in order to ensure that they have Mr. Hoffman's most recent revisions of text and forms. This work is one which is useful for both a lawyer with relatively little prior experience in the software area as well as a lawyer with substantial experience because it covers the spectrum of basic information through fairly sophisticated analyses of some issues which are not frequently encountered.
The first volume of this two volume set is a text containing an extensive presentation of issues relating to software agreements including contracts for the engagement of employees and consultants to generate such software, agreements which deal with the licensing and distribution of software, bundling agreements involving both hardware and software, and teaming agreements. Included in this volume of text are sections relating to issues which are sometimes vexing such as those relating to protection of software - - specifically: hardware locks and enabling codes; disabling codes; salting of the code; trade secret notices and other efforts to preclude copying of the software or to facilitate the obtaining of injunctions in the event of copying.
The first volume provides a fairly thorough analysis of the considerations relating to the interface between trade secrets and copyrights and how to preserve the trade secret protection for copyrighted software which is "unpublished". There is even a section on tax and accounting considerations and another section on pricing of software. From the standpoint of vexing legal issues, he has a rather candid analysis of the situation involving the problems in attempting to lease computer software in view
of the conflict with a license agreement which attempts to effect strict control over use and over transfer of...
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