"As an entrepreneur, founder and CEO of several tech companies, I appreciate the insight into IP, strategy and deals that this book provides. I wish there were a book like this when I started by my first company. The book is easy-to-read, comprehensive and up-to-the moment. It covers everything from basic IP and deal negotiations to mobile media, software IP and the Internet. There is lots of detail, sample forms, and practical tips. This book is the first comprehensive and intelligent resource for creating real value through IP. More entrepreneurs and engineers need to pay attention to what the real world of IP is about."--Beth A. Marcus, Ph.D., CEO and Director, Zeemote, Inc. (www.zeemote.com). "The title says that the book is a legal companion, and that is precisely what it is. Gene has put together years of a lawyers wisdom into this companion, but without burdening it with any legal language at all. Keep this companion next to you if you are a practicing manager involved with IT or digital content transactions."--Dr. G. Venkatesh, Chief Technology and Strategy Officer and Executive Director of Sasken Communication Technologies Ltd., Bangalore, India (www.sasken.com). "Gene Landy's book allows insight into the critical decisions that individuals and companies need to make in deciding how to build and protect digital and online products, services, and businesses."--Charles Nesson, Professor, Harvard Law School and Founder and Co-Director of the Berkman Center for Internet & Society (www.cyber.law.harvard.edu). "The IT/Digital Legal Companion is like a Department Store where you easily find the part of the store where you want to go shopping but may also stop in other areas to browse. With this book, the organization makes it easy to find the area of greatest interest relating to a particular business issue. The book covers a wide range of topics from contract and intellectual property law to more specialized issues including Software as a Service, Open Source and digital content. The book covers legal issues facing both technology suppliers (e.g. software vendors) and consumers (e.g. companies contracting for services). Service providers working with these organizations will also find the book useful."--Jim Geisman, President, MarketShare, Inc. (www.marketshare.com), software marketing consultant and advisor and mentor to technology companies. "I found Gene Landy's latest publication The IT/Digital Legal Companion to be a clear and comprehensive book from an attorney who specializes in helping technology companies build and preserve the value of their companies and intellectual property. I appreciate how this publication clarifies IT agreements and complex IP arrangements. I was also amazed at the breadth and level of detail in this book."--Peter Duflo, President and CEO, Strategic Ventures, LLC (www.strategicventures.com), consulting for mergers, acquisitions and executive search for information technology companies. Content: Dedication, Page viiAcknowledgment by Gene Landy, Pages xxxiv-xxxvA Note from the Authors, Page xxxviAbout the Authors, Pages xxxvii-xxxviiiAbout the Authors' Law Firm, Pages xxxix-xliiForm Downloading Instructions, Pages xliii-xlivChapter 1 - Introduction: Using this Book to Build Value, Pages 1-8Chapter 2 - Digital Copyright Basics, Pages 9-36Chapter 3 - Copyrights on the Internet, for Software Protection and Around the World, Pages 37-60Chapter 4 - Trademarks and Domain Names, Pages 61-97Chapter 5 - Patents and Digital Technology Companies, Pages 99-135Chapter 6 - Trade Secrets and Non-Disclosure Agreements, Pages 137-163Chapter 7 - Confidentiality, Rights Transfer, and Non-Competition Agreements for Employees, Pages 165-181Chapter 8 - Introduction to Digital Product and Service Contracts, Pages 183-236Chapter 9 - A Pragmatic Guide to Open Source, Pages 237-260Chapter 10 - IT Services—Development, Outsourcing, and Consulting, Pages 261-305Chapter 11 - Beta Test Agreements, Pages 307-312Chapter 12 - Commercial End-User Agreements, Pages 313-349Chapter 13 - Software as a Service (SaaS), Pages 351-374Chapter 14 - Commercial Distribution—Part I, Pages 375-404Chapter 15 - Commercial Distribution—Part II, Pages 405-417Chapter 16 - Clickwraps and Browsewraps, Pages 419-440Chapter 17 - Terms of Use for Web Sites and Online Applications, Pages 441-451Chapter 18 - Privacy and Use of Personal Data, Pages 453-492Chapter 19 - Digital Technology Standards—Opportunities, Risks, and Strategies, Pages 493-515Chapter 20 - Content for Digital Media, Pages 517-553Chapter 21 - Deals in the Web and Mobile Value Chains, Pages 555-585Chapter 22 - Video Games! Developing Games and Doing Deals, Pages 587-632Chapter 23 - Going Global—Doing Business in World Markets, Pages 633-666Chapter 24 - United States Export Controls, Pages 667-678Chapter 25 - Proactive Management of Your Legal Affairs, Pages 679-686FORMS APPENDIX - About These Forms, Pages 687-689FORM 3-1 - DMCA Web Site Copyright Policy, Pages 691-693FORM 4-1 - Royalty-Free Trademark License Agreement, Pages 695-703FORM 4-2 - Royalty Bearing Trademark License Agreement, Pages 705-715FORM 5-1 - Patent License Agreement, Pages 717-731FORM 6-1 - Mutual Non-Disclosure Agreement, Pages 733-737FORM 6-2 - Evaluation Agreement (Pro-Recipient), Pages 739-741FORM 7-1 - Employee Agreement, Pages 743-755FORM 10-1 - Software Development Agreement, Pages 757-786FORM 10-2 - Software Consulting Agreement (Favors Consultant), Pages 787-799FORM 10-3 - Software Consulting Agreement (Favors Customer), Pages 801-816FORM 10-4 - Web Site Development Agreement, Pages 817-831FORM 10-5 - Web Hosting Agreement, Pages 833-851FORM 11-1 - Beta Test Agreement - Consumer Application, Pages 853-858FORM 11-2 - Beta Test Agreement – Business Application, Pages 859-865FORM 12-1 - Evaluation License Agreement, Pages 867-871FORM 12-2 - Commercial End User License Agreement, Pages 873-888FORM 12-3 - Source Code Escrow Agreement, Pages 889-903FORM 13-1 - SaaS Customer Agreement, Pages 905-924FORM 14-1 - Reseller Agreement, Pages 925-945FORM 15-1 - OEM Software Agreement, Pages 947-968FORM 15-2 - Software Bundling and Distribution Agreement, Pages 969-987FORM 15-3 - Retail Software Distribution Agreement, Pages 989-1001FORM 15-4 - Sales Representative Agreement, Pages 1003-1014FORM 16-1 - EULA – Consumer Product, Pages 1015-1021FORM 16-2 - Clickwrap EULA—Commercial Product, Pages 1023-1030FORM 17-1 - Web Site Terms of Use, Pages 1031-1037FORM 17-2 - Content Guidelines, Pages 1039-1041FORM 17-3 - Weblog Rules, Pages 1043-1047FORM 18-1 - Privacy Policy, Pages 1049-1054FORM 20-1 - Release for Video, Images and Music, Pages 1055-1059FORM 20-2 - Right of Personality Release and Permission, Pages 1061-1064FORM 20-3 - Location Release, Pages 1065-1067FORM 21-1 - Mobile Content License Agreement, Pages 1069-1085FORM 21-2 - Media Publishing and Services Agreement, Pages 1087-1104FORM 21-3 - Affiliate Media Services Agreement, Pages 1105-1118FORM 22-1 - Video Game Publishing Agreement, Pages 1119-1161FORM 23-1 - International Distribution Agreement, Pages 1163-1185FORM 23-2 - Term Sheet (Non-Binding) for an International Joint Venture, Pages 1187-1192Index, Pages 1193-1209