Using Software to Fix Problems with the Software Supply Chain

Abstract

As a young software lawyer, I simply accepted things as they were. I learned about software licenses, warranties, intellectual property indemnities and audit provisions. I tried to understand the nuances between the position taken by a software supplier, and that taken by a software buyer. I never questioned any of it. I accepted the status quo: • How should a software supplier keep track of usage? Audit or not at all. • Who should be responsible for complying with license levels? The buyer. • How should a software buyer protect itself from security vulnerabilities? Warranty, indemnity, luck. • How can a software buyer be sure that the software supplier is giving good title? Warranty and indemnity. That’s just how it worked. That’s what everyone else did. I needed to get contracts negotiated and out the door and didn’t have time to think about the bigger picture or how we could do things better.