Definitions[edit | edit source]

A concurrent user license (also called a multi-user license or seat license)

allows multiple users to access the same software, but limits the number of simultaneous computer users to the number of licenses purchased. For example, where a licensee purchases five concurrent use licenses, five people would be able to access the software, but when the sixth person tried to access the software, access would be denied.[1]
[is one] by which the end user is permitted 'to have a fixed number of individual users who are authorized to use one copy of the Application on a single personal computer or a single networked computer at the same time.'[2]

Overview[edit | edit source]

Under a concurrent user license, the total number of authorized users of the software over the term of the license may far exceed the number of licenses.[3]

Because Nuance sold concurrent licenses, the number of End Users of its products will be greater than the number of licenses it sold, as more than one End User could use each concurrent license. Moreover, because Nuance sold many concurrent licenses and, from the evidence presented, a large number of individuals potentially could use these licenses, I find that the number of licenses Nuance sold reflects only a fraction of the true number of End Users of these products. Thus, I consider it appropriate to apply a multiplier to the data Nuance collected on the number of concurrent licenses sold to make a responsible estimate of the number of End Users covered by such licenses.[4]

The Vianix court concluded that under the facts of the case, "a 5x multiplier must be applied to the number of concurrent user licenses Nuance sold to approximate the true number of End Users licensed."[5]

References[edit | edit source]

  1. Wall Data Inc. v. Los Angeles County Sheriff's Dept., 447 F.3d 769, 783 n.8 (9th Cir. 2006).
  2. Accusoft Corp. v. Quest Diagnostics, Inc., 2012 WL 1358662, at *1, 2012 Copr. L. Dec. ¶30,242 (D. Mass. Apr. 18, 2012)).
  3. Vianix Del. LLC v. Nuance Commc'ns, Inc., 2010 WL 3221898, at *19 (Del. Ch. Aug. 13, 2010)
  4. Id.
  5. Id. at *29.
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