IBM’s “Blue Washing” Affects Customers Worldwide – Scott & Scott, LLP Alerts Customers of Potential Licensing Surprises
Intellectual property and technology law firm, Scott & Scott, LLP, says customers who use Tealeaf, Vivisimo, or Varicent software should evaluate IBM´s licensing rules before making additional purchases of the software or upgrading to IBM “blue washed” code.
Southlake, TX (PRWEB) July 24, 2012
IBM´s Software Group completed its acquisition of Tealeaf, a provider of online customer experience management solutions on June 13. A few days earlier, IBM acquired Vivisimo, a provider of federated discovery and navigation software that helps organizations access and analyze big data, and on May 23 acquired Varicent, a provider of analytics software for compensation and sales performance management.
Julie Machal-Fulks, Scott & Scott, LLP partner, says “IBM´s recent acquisition of Tealeaf, Vivisimo, and Varicent will likely change existing license agreements with the newly acquired publishers.”
“There are a number of legal strategies that can be employed when IBM ℠blue washes´ its code and its license agreements. Blue washing is IBM´s term used when IBM releases updated code and changes its licensing metrics for products acquired from other publishers. Once customers upgrade to IBM´s product, it is often too late to negotiate and avoid hefty licensing charges associated with changed licensing metrics,” she said.
Ms. Machal-Fulks continued: “For example, IBM acquired Guardium in 2009 and now licenses Guardium on a processor value unit (PVU) or resource value unit (RVU) basis. Conversions like these often leave users significantly under-licensed.
About Scott & Scott, LLP:
Scott & Scott, LLP (http://www.scottandscottllp.com) is a boutique intellectual property and technology law firm with an emphasis on software disputes, technology transactions, brand protection, data privacy, and federal litigation. Our lawyers and technology professionals take a principled approach to each engagement, leveraging our experience to provide value. Our clients range from mature small businesses to publicly traded multi-national corporations who work proactively with us to creatively solve business and legal issues. We regularly work as part of a team of in-house and outside attorneys managing large-scale legal projects. We take the time to listen to a client´s objectives and understand its business before developing a custom strategy and project plan designed to give the client visibility into the process and the potential outcomes.
For the original version on PRWeb visit: http://www.prweb.com/releases/prwebibm/bluewashing/prweb9727259.htm