"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.
"I have studied Rosen's book in detail and am impressed with its scope and content. I strongly recommend it to anybody interested in the current controversies surrounding open source licensing." --John Terpstra, Samba.org; cofounder, Samba-Team "Linux and open source software have forever altered the computing landscape. The important conversations no longer revolve around the technology but rather the business and legal issues. Rosen's book is must reading for anyone using or providing open source solutions." --Stuart Open Source Development Labs A Complete Guide to the Law of Open Source for Developers, Managers, and Lawyers Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work--and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today's leading licenses, and helps you make the best choices for your project or organization. Coverage includes: Explanation of why the SCO litigation and other attacks won't derail open source Dispelling the myths of open source licensing Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks "Academic licenses" BSD, MIT, Apache, and beyond The "reciprocal bargain" at the heart of the GPL Alternative licenses: Mozilla, CPL, OSL and AFL Benefits of open source, and the obligations and risks facing businesses that deploy open source software Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more Enforcing the terms and conditions of open source licenses Shared source, eventual source, and other alternative models to open source Protecting yourself against lawsuits
Much of the innovative programming that powers the Internet, creates operating systems, and produces software is the result of "open source" code, that is, code that is freely distributed--as opposed to being kept secret--by those who write it. Leaving source code open has generated some of the most sophisticated developments in computer technology, including, most notably, Linux and Apache, which pose a significant challenge to Microsoft in the marketplace. As Steven Weber discusses, open source's success in a highly competitive industry has subverted many assumptions about how businesses are run, and how intellectual products are created and protected. Traditionally, intellectual property law has allowed companies to control knowledge and has guarded the rights of the innovator, at the expense of industry-wide cooperation. In turn, engineers of new software code are richly rewarded; but, as Weber shows, in spite of the conventional wisdom that innovation is driven by the promise of individual and corporate wealth, ensuring the free distribution of code among computer programmers can empower a more effective process for building intellectual products. In the case of Open Source, independent programmers--sometimes hundreds or thousands of them--make unpaid contributions to software that develops organically, through trial and error. Weber argues that the success of open source is not a freakish exception to economic principles. The open source community is guided by standards, rules, decisionmaking procedures, and sanctioning mechanisms. Weber explains the political and economic dynamics of this mysterious but important market development. Table of Contents: Preface 1. Property and the Problem of Software 2. The Early History of Open Source 3. What Is Open Source and How Does It Work? 4. A Maturing Model of Production 5. Explaining Open Source: Microfoundations 6. Explaining Open Source: Macro-Organization 7. Business Models and the Law 8. The Code That Changed the World? Notes Index Reviews of this book: In the world of open-source software, true believers can be a fervent bunch. Linux, for example, may act as a credo as well as an operating system. But there is much substance beyond zealotry, says Steven Weber, the author of The Success of Open Source...An open-source operating system offers its source code up to be played with, extended, debugged, and otherwise tweaked in an orgy of user collaboration. The author traces the roots of that ethos and process in the early years of computers...He also analyzes the interface between open source and the worlds of business and law, as well as wider issues in the clash between hierarchical structures and networks, a subject with relevance beyond the software industry to the war on terrorism. --Nina C. Ayoub, Chronicle of Higher Education Reviews of this book: A valuable new account of the [open-source software] movement. --Edward Rothstein, New York Times We can blindly continue to develop, reward, protect, and organize around knowledge assets on the comfortable assumption that their traditional property rights remain inviolate. Or we can listen to Steven Weber and begin to make our peace with the uncomfortable fact that the very foundations of our familiar "knowledge as property" world have irrevocably shifted. --Alan Kantrow, Chief Knowledge Officer, Monitor Group Ever since the invention of agriculture, human beings have had only three social-engineering tools for organizing any large-scale division of labor: markets (and the carrots of material benefits they offer), hierarchies (and the sticks of punishment they impose), and charisma (and the promises of rapture they offer). Now there is the possibility of a fourth mode of effective social organization--one that we perhaps see in embryo in the creation and maintenance of open-source software. My Berkeley colleague Steven Weber's book is a brilliant exploration of this fascinating topic. --J. Bradford DeLong, Department of Economics, University of California at Berkeley Steven Weber has produced a significant, insightful book that is both smart and important. The most impressive achievement of this volume is that Weber has spent the time to learn and think about the technological, sociological, business, and legal perspectives related to open source. The Success of Open Source is timely and more thought provoking than almost anything I've come across in the past several years. It deserves careful reading by a wide audience. --Jonathan Aronson, Annenberg School for Communication, University of Southern California
Intellectual Property in Electronics and Software provides practical guidance and addresses key IP law issues in major jurisdictions worldwide which impact on software and electronics companies. This new edition covers the latest case law on open source software and standard essential patents and features new chapters on the possible impact of the
This book constitutes the refereed proceedings of the 8th International IFIP WG 2.13 Conference on Open Source Systems, OSS 2012, held in Hammamet, Tunisia, in September 2012. The 15 revised full papers presented together with 17 lightning talks, 2 tool demonstration papers, 6 short industry papers, 5 posters and 2 workshop papers were carefully reviewed and selected from 63 submissions. The papers are organized in topical sections on collaboration and forks in OSS projects, community issues, open education and peer-production models, integration and architecture, business ecosystems, adoption and evolution of OSS, OSS quality, OSS in different domains, product development, and industrial experiences.
Public Universities and Regional Growth examines evolutions in research and innovation at six University of California campuses. Each chapter presents a deep, historical analysis that traces the dynamic interaction between particular campuses and regional firms in industries that range from biotechnology, scientific instruments, and semiconductors, to software, wine, and wireless technologies. The book provides a uniquely comprehensive and cohesive look at the University of California's complex relationships with regional entrepreneurs. As a leading public institution, the UC is an examplar for other institutions of higher education at a time when the potential and value of these universities is under scrutiny. Any yet, by recent accounts, public research universities performed nearly 70% of all academic research and approximately 60% of federally funded R&D in the United States. Thoughtful and distinctive, Public Universities and Regional Growth illustrates the potential for universities to drive knowledge-based growth while revealing the California system as a uniquely powerful engine for innovation across its home state.
Software is the product of intellectual creativity, but protection of the intellectual property residing in software is the subject of some controversy. This book captures a wide range of perspectives on the topic from industry, academe, and government, drawing on information presented at a workshop and forum.
