Legal Question in Intellectual Property in California

Re: Software Development

I know you can go on line and find several examples of EULA agreements, etc. The appear everywhere. After reading several you will find that most have similar provisions. Given your intelligence, it will probably be apparent what the provisions are for. I do not agree that you need an attorney to go over a business plan, etc. billing at $300 per hour, or have an attorney become intimately involved in your business affairs. Marketing is not an attorney function, nor is accounting, etc. Similarly, you can find licensing agreements on the Internet. Again, after reviewing several you will see similar provisions. However, if you have the money to spend, or little time, then perhaps you should get representation.

Re: Software Development

Licensing means that you have ownership of the software but you are giving permission to others to use it subject to terms and conditions stated in the EULA. It sounds like you haven't consulted with an attorney yet regarding your entire business concept. Legal counsel can not only help you with properly licensing your intellectual property, but also evaluate whether your business plan properly protects you from liability. Definitely worth not having to say "if only". I would suggest a consultation regarding the software with a big picture overview. You can then jointly determine an appropriate scope of attorney involvement taking into consideration the stage of your business, your resources, and the potential benefits.

Re: Software Development

Ms. Cowin is right, and she's also in Fresno.

In addition to having a general discussion with a lawyer about all these topics, I would suggest that you invest less than $50 combined in two paperback self-help law books of the kind put out by Nolo Press. I don't have any specific titles in mind, nor is Nolo the only good publisher of this kind of book; however the general topics covered would be (1) copyright protection for creative works, especially one emphasizing protection of software by copyright and licensing written to software authors rather than lawyers; and (2) a general small-business start-up, organization and management guide.

While I don't recommend "do it yourself" for copyright, licensing or business formation, I do believe it is useful for authors and business people to have sufficient understanding of these topics so they can have complete and meaningful conversations with their lawyers and be able to give and get information.

Re: Software Development

I'm quite surprised any attorney would recommend you give this a go yourself, given your lack of a law degree and, my impression from your question, even the most rudimentary understanding of what legal agreements are needed, let along what they should contain, and how they should be worded. As a result of seeing numerous clients who came to me only after "doing it themselves" first, I believe I confidently say that most of these wished they would have started out with legal assistance, and in most cases, it would have saved them money, time, and/or frustration, too. I am in Southern California, so no interest in your business - would recommend you find someone local to you for proper assistance.