We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
IT-Procurement and the Risk of Unintended Fees for Indirect Software Usage.
- Authors
Day, Rebecca; De Silva, Sam
- Abstract
Future proofing is a term that gets banded around a lot, especially in the technology sector. However, the pace of change in the world of technology is relentless and as lawyers and industry insiders we need to have one eye on the here and now and one eye on where things are going. This is not always easy and the recent English High Court decision of the Technology and Construction Court in Sap UK Limited ("SAP") and Diageo Great Britain Limited (SAP UK Ltd v. Diageo Great Britain Ltd [2017] EWHC 189 [TCC]) ("Diageo") is a costly example of why clear drafting and restatements or additions to agreements can help to future proof IT procurement arrangements. The article discusses these issues in the context of the recent decision in this case. For that purpose, the article furst presents the key facts (I.) and arguments (II.) of this decision. The article then outlines a contrary interpretation of the facts (III.) before addressing the general implications of the decision (IV.) by seting out some thoughts and recommendations for best practice and risk analysis when drafting and advising customers on IT procurement contracts.
- Subjects
UNITED Kingdom; TECHNOLOGICAL innovations; TECHNOLOGICAL innovation policy; INFORMATION technology; SAP UK Ltd.; INFORMATION technology industry; ECONOMICS
- Publication
Computer Law Review International, 2017, Vol 18, Issue 2, p34
- ISSN
1610-7608
- Publication type
Article
- DOI
10.9785/cri-2017-0203