The Prinz Law Office

SaaS Lawyer Kristie Prinz presented on “Best Practices for Drafting SaaS Contracts” on November 19, 2021.

A copy of the video recording of the full webinar is available for viewing at this link:  https://theprinzlawoffice.vhx.tv/products/best-practices-for-saas-contracts-2021.

Have you ever heard the term “SaaS license” or “SaaS Licensing” being used among lawyers and businesspeople?

There is a misconception that there is such a concept as a “SaaS license.”  However, in fact, two principles are actually being confused: the “software license” and the “SaaS agreement.”  Why does this matter?  Well, if you do not know the type of agreement that you are drafting, you are going to confuse the important terms in the agreement, and this is going to have a huge impact on what you draft or negotiate.  In addition, if you do not know what you are drafting, this is going to impact other terms beyond the agreement such as taxes and revenue recognition.  So, the bottom line is that it does matter what you draft.

What is different about the concepts of “SaaS agreement” and “Software license” ?

Also, the concepts of “SaaS agreement” and “software license” are completely different.  In the case of a software license, the licensor grants to the licensee the rights to use a specific piece of intellectual property, the software, under certain conditions and limitations, and if you exceed the parameters of the grant, you will be infringing on the intellectual property.  The license grants licensee the right to use the software for the length of the copyright or other specific period of time and will specify who can use the software,  how the software can be used, and under what conditions the software can be used.  In contrast, in the case of the SaaS agreement, no intellectual property rights will be granted in the software.  Instead, the grantee receives access rights in the software in the cloud and in a bundle of services.  The rights that the grantee receives are more along the lines of what someone might receive to intellectual property in content posted on a website on the Internet. The internet user might have the right to view the posted content, but that right does extend to doing anything to the content beyond just viewing it.

What rights are provided in a “SaaS Agreement?

In the case of the SaaS agreement, you may have rights to certain services in addition to access rights, such as hosting, maintenance, and technical support by way of the SaaS agreement, but your rights are to services and not to intellectual property in the software.

What rights are provided in a “software license”?

In the case of the software license, the rights to hosting, maintenance and technical support are generally going to be obtained through other agreements.

Another difference between the two concepts is that in the case of the software license, you have more control and the ability to change service providers if a service is not being provided at the level you require.  In the case of the SaaS agreement, you are “stuck” if you are unhappy with the quality of any service.  So, the quality of the service delivered is far more important in the case of SaaS agreements than in the case of the software license.  You cannot just easily move your content if you are unhappy with a particular service, as you have no direct control over the content in the case of the SaaS agreement.  In essence, you delegate that control to a third party, the SaaS provider.

So, the “SaaS agreement” and the “software license” are two fundamentally different concepts, and the term “SaaS license” or “SaaS licensing” is just a confusion of those two concepts.

If you have questions about whether your SaaS agreement was incorrectly drafted as a SaaS license, please schedule a consultation with us today at https://calendly.com/prinzlawoffice.

Kristie Prinz introduces this video on digital health contracts in October 2021.

Kristie Prinz welcomes audience to the updated Silicon Valley Software Law Blog in this video recorded October 2021.

Kristie Prinz speaks on the complexities of enterprise SaaS contracts in this video recorded in October 2021.

Silicon Valley Lawyer Kristie Prinz will present on “Best Practices in Negotiating, Drafting, and Managing Sublicenses” on Tuesday, September 28, 2021 from 10 a.m. to 11 a.m. PT for Tech Transfer Central. To register to attend the event, please sign up at this link.

Kristie Prinz will present a webinar on “Best Practices in Negotiating, Drafting, and Managing Sublicenses” on Tuesday, September 28, 2021 from 10-11 a.m. PT. The event will be hosted by Tech Transfer Central. To register for the event, please sign up here.

Washington D.C. – A political firestorm erupted today as former President Donald Trump announced via Truth Social the dismissal of Erika McEntarfer, Commissioner of the Bureau of Labor Statistics (BLS). The unprecedented move comes immediately after the release of a hotly debated jobs report today, sending shockwaves through financial markets and triggering fierce debate about the integrity of government labor statistics.

The Jobs Report: Data at the Center of the Storm

The Bureau of Labor Statistics released its monthly US jobs report this morning, showing unexpected strength in the labor market. According to the BLS, nonfarm payrolls increased by [specific number], while the unemployment rate held steady at [specific rate]. The jobs report today immediately became a focal point for economists, investors, and policymakers, with outlets like Bloomberg, CNBC, and Fox Business dissecting every metric. The robust data complicated the Federal Reserve’s interest rate decisions and fueled political arguments about the economy’s direction under the current administration.

Erika McEntarfer: Sudden Ouster of BLS Leadership

At the center of this controversy is Erika McEntarfer, the Commissioner of Labor Statistics. Appointed to lead the non-partisan agency responsible for producing crucial economic data, McEntarfer has overseen the BLS during a period of intense scrutiny. Her tenure has been marked by efforts to modernize data collection and maintain the agency’s reputation for impartiality. However, her abrupt removal, announced by Trump with the phrase “trump fires labor statistics” commissioner, raises serious questions about political interference in economic reporting. The BLS has historically prided itself on independence, making this trump bls action highly unusual.

Trump’s Truth Social Declaration

Trump took to Truth Social to declare “trump fires labor” statistics leadership, directly targeting McEntarfer. In his post, he questioned the accuracy of the latest job report, suggesting without evidence that the BLS data was manipulated for political purposes. “Trump fires bls” commissioner trended immediately, as his statement accused the agency of producing “phony numbers” to benefit the current administration. This direct assault on the credibility of the Bureau of Labor Statistics represents an unprecedented challenge to the institution’s non-partisan mission.

Market and Political Reactions

Financial markets reacted swiftly to the dual developments of the jobs report and the trump fires announcement. Initially, stocks rallied on the strong employment data, but volatility spiked as news of McEntarfer’s dismissal spread. Analysts at Bloomberg and CNBC warned that undermining the BLS could damage investor confidence in economic data. Fox Business highlighted the political divide, with some commentators supporting Trump’s call for data scrutiny while others defended the BLS‘s integrity. The VIX index (fear gauge) climbed as uncertainty about data reliability grew.

The Stakes: Data Integrity vs. Political Narrative

The firing of Erika McEntarfer strikes at the heart of trust in government labor statistics. The BLS provides essential data that guides Federal Reserve policy, business investment decisions, and government programs. Accusations that “trump fires labor statistics” leadership to challenge unfavorable narratives set a dangerous precedent. Economists from across the spectrum rushed to defend the BLS‘s methodologies, emphasizing its rigorous, non-partisan processes. The controversy raises critical questions: Can economic data remain free from political influence? What happens when a sitting president (or former president) openly attacks the credibility of institutions like the Bureau of Labor Statistics?

What’s Next for the BLS and Economic Reporting

With McEntarfer’s departure, the BLS faces an immediate leadership vacuum. The process to appoint a new Commissioner of Labor Statistics will be closely watched, with demands for someone who can fiercely protect the agency’s independence. Meanwhile, the release of future jobs reports will likely face heightened skepticism, regardless of the data. The incident underscores the fragility of institutional trust in an era of intense political polarization. As this story develops, all eyes will be on how the BLS navigates this crisis and whether the integrity of US jobs report data can be preserved.

Conclusion: A Defining Moment for Economic Institutions

The convergence of a significant jobs report today and the explosive “trump fires bls” commissioner story creates a defining moment for economic governance. The dismissal of Erika McEntarfer isn’t just a personnel change; it’s a direct challenge to the foundation of evidence-based policymaking. As Bloomberg, CNBC, and Fox Business continue to cover the fallout, the long-term implications for the Bureau of Labor Statistics and public trust in economic data remain deeply uncertain. This episode serves as a stark reminder that in today’s polarized climate, even objective labor statistics can become battlegrounds in political warfare.

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