Future proofing software licences for the machine age

The interconnected world of the 4th industrial revolution is driven by software. As software functionality continues to expand through developments in algorithms, AI, APIs, business process automation and smart contracts, software systems increasingly interact more widely and with more and more other systems.

It is not surprising therefore that issues around software over-deployment – where the provider says the customer is using software beyond what is contractually permitted and owes more money – are on the rise. February 2017 saw the first UK High Court judgment in this area with the judge applying normal contract interpretation rules and finding in favour of the provider.

Kemp IT Law has produced several pieces to help businesses manage software licence risk after the SAP v Diageo judgment in February:

Blog: SAP v Diageo – the UK’s first software over-deployment case: takeaways for business

Vlog: SAP vs Diageo – Software Over-Deployment

You can view the recordings from our recent seminar, ‘Future proofing the licence agreement for the machine age’ here, including:

  • Commercially, how software vendors are becoming more assertive
  • Legally, the SAP vs Diageo case
  • Technically, how new software deployment techniques sharpen the focus on licence grant clauses.


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