Contractual Legal Aspects of Software Commercialization

2023/2024

Academic Year

ENG

Instruction in English

3

ECTS credits

Delivered at:

School of Digital Law and Bio-Law

Course type:

Elective course

When:

1 year, 4 module

Instructor

Savelyev, Alexander

Course Syllabus

Abstract

The course "Legal aspects of Software Development and Commercialization" is an elective course of the Master's Program "Digital Law". The purpose of the discipline is an in-depth study of the issues arising in the process of conclusion and execution of agreements related to the development and commercialization of software. Particular attention is paid to the practical aspects of software license agreements, software development agreements, the use of open source components under various open licenses, SaaS services and Smart contracts. The discipline involves consideration of the most relevant and problematic aspects of software commercialization in the framework of seminars to show students the main approaches used in practice, their advantages and disadvantages. The study of this discipline assumes a deep knowledge of civil law and private international law.

Learning Objectives

• The course develops student skills of interpretation of key provisions used in various software agreements. It fosters knowledge and skills necessary for practice in IT-sphere, develops skills useful for drafting of software agreements and resolution of disputes thereof.

Expected Learning Outcomes

• Student understands the key features of computer program as a subject-matter of a software agreement
• Student can identify key legal-related issues associated with main types of software agreements (software license agreement, software developments agreement, SaaS-agreement and open source license)
• Student understands basic technical and business background behind software agreements allowing him to communicate with IT and business-related specialists more effectively

Course Contents

• 1. Computer program as a subject matter of copyright and contract
• 2. Software license agreements
• 3. Software development agreements
• 4. Software-as-a-service
• 5. Open source license agreements

Assessment Elements

• Attendance, active participation and in-class discussion
  Each student is expected to attend all the classes and read the assigned material, including the questions and any problems in the text/ judgment assigned, and actively participate in class discussions, ask questions and make analytical comments about the assignments. Classes will be structured in interactive manner, as a mix of lecture and seminars.
• Oral exam
  Oral exam is conducted in an interactive “question-answer” form during which student is expected to demonstrate theoretical and practical understanding of the topics discussed during the course.

Interim Assessment

• 2023/2024 4th module
  0.3 * Attendance, active participation and in-class discussion + 0.7 * Oral exam

Bibliography

Recommended Core Bibliography

• Brown, E. (2019). Internet Law in the Courts. Journal of Internet Law, 23(5), 3–7.
• Contract law, McKendrick, E., 2019

Recommended Additional Bibliography

• Cases, materials and text on contract law, , 2019
• Goldman, E. (2017). Internet Law: Cases & Materials (2017 Edition).