When a software vendor says part of your data is theirs

In its objection (Dkt. 1508), Springshot pointed to its SaaS contract, under which data produced by its service or software belongs to it. It added that blocking the sale was not its goal.

The limited scope is the point. Asserting rights over one slice is a long way from killing the transaction. Springshot's filing was among six objections or joinders. See the Spirit objections.

International Aero Engines took another line: confidential material of its own, sitting in Spirit's files, does not belong to the estate. Companies that exchanged engineering drawings, prices or technical papers with partners will find the same kind of material in their inboxes.

The union filings make a related point: records about third parties can come with their own limits.

• Data ownership and use clauses in your SaaS contracts, especially industry-specific tools
• NDAs and confidentiality terms with customers, suppliers and partners
• API and platform terms that limit exporting or reusing data
• Union and employment agreements covering employee records
• Privacy policies that told customers how their data would be used

Most buyers let you exclude sources or folders. Scoping out a problem system is usually easier than arguing about it later. The data generated by mainstream tools such as email, Slack and Google Drive is usually treated as the customer's, but read your own contracts.