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BananaIP Counsels > Open Source

Software Escrow, licenses and contracts

We are happy to bring to you a guest post on Software escrow and licenses written by Jorge Sagastume, Vice President, EscrowTech International, Inc. In early 2013 Paul Golland, CIO of north-easy Long borough of Waltham Forest faced a horrible crisis.  He was told by their sole cloud provider that they were closing shop and he had 24 to 48 hours to get their business’ data systems working elsewhere. This type of disaster is not uncommon and it is a software escrow’s aim to prevent or at a minimum help minizine damage from such disasters. A software escrow is a contract between a...

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Copyrights: Google's use of Java APIs in Android – fair use?

The featured image shows the logo of google. To read more on the google versus oracle dispute click here.

The District Court of the Northern District of California held last week that Google's use of 37 Java APIs of Oracle does not give rise to copyright infringement liability because it is fair use. On remand from the Federal Circuit, in a Jury trial, Google's use of Java APIs and around eleven thousand lines of code was held to be fair use as it is meant to promote inter-operability and compatibility between programs. You may read our earlier post for a short history of this case here. On receiving news of the victory, Google stated that the judgment supports the...

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Is use of Java APIs by Google Fair Use?

The featured image shows the logo of google. To read more on the google versus oracle dispute click here.

In 2010, Oracle sued Google for copying 37 Java packages, 8 specialized Java security packages, and a routine called “rangeCheck" in its Android operating system. Oracle claimed in the suit that Google is liable for infringing two of its patents in the software and that Google is also liable for copyright infringement for literally copying the code. The suit was filed in a California District Court. Oracle claimed damages to the tune of nine billion dollars in the suit. After a jury trial, the District Court held that Google was not liable for infringing Oracle's patents. However, on the copyright count, the...

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One IP issue out of OSS Community's way – SCO Vs. IBM Litigation Ends


One of the first IP litigations to hit the open source community was the suit filed by SCO against IBM in 2003. In the suit, SCO alleged IBM of breach of contract, copyright infringement and trade secret misappropriation, among others. It alleged that IBM's insertion of portions of UNIX, owned by SCO, into LINUX, amounts to liability on various counts including copyright infringement. SCO initially claimed damages to the tune of one billion dollars, which was later increased to three and five billion dollars. IBM was not the only company SCO sued. It also went after Novell, Autozone and DaimlerChrysler. Novell...

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IIMB’s Massive Open Online Courses (MOOCs) Initiative: Bringing college to you!

Featured Image is of the IIMB, as the post is about an NSRCEL organised panel discussion on intellectual property for start-ups in the IIMB auditorium on 5th September. To read the post click here.

Indian Institute of Management (IIMB) has become the first business school in India to offer Massive Open Online Courses (MOOCs) through their program called ‘IIMBx’. The program desires to provide quality education free of cost. The courses have been carefully designed to cater to a divergent group of learners, who can utilize these courses to hone their managerial skills. This is good news, considering the plight of students who face fierce competition every year trying to get a seat in a tier-one college. There is no shortage of people who want to learn. However, only a chosen few realize their dream...

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Apple’s Swift will be Open Source: Which License?

Featured image is of the Apple Inc logo on glass walls of an Apple Store. This is related to the post as it is about Apple's new patent Apply Pay. Click here to read the full post.

It has been reported that Apple's new programming language Swift, which is now in its second version will be made available as open source software under a permissive license. However, the specific license under which it will be made available as open source has not been specified. Some bloggers are of the opinion that it would most probably be available under Apache or another BSD style license. Over the last five years, flexible licenses have taken over the viral GPL type licenses, and it is today estimated that more than sixty percent of all open source software is governed by...

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Intellectual Property: Open Source Software & the Government of India

This image depicts the Open Source trademark, which comprises of a green keyhole with the words Open Source. this post talks about interesting developments in Open source technology. Click on the image to read the full post.

The Indian Government recently released its policy on adoption and use of Open Source Software (OSS) for government projects. The policy seeks to cut costs and improve flexibility by using, implementing and contributing to OSS development. The policy mandates that preference in government software projects must be given to OSS, and Closed Source Software (CSS) must only be an exception when OSS is not available. The Preamble of the policy reads as follows: "Government of India (GoI) is implementing the Digital India programme as an umbrella programme to prepare India for acknowledge based transformation into a digitally empowered society and a knowledge...

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Intellectual Property: Presentation on Software and Music Licensing by Dr. Kalyan Kankanala

This image depicts the title software/music licensing. This image is relevant because this post talks about a presentation on the said topic presented by Dr. Kalyan C. Kankanala. Click on the image to view full post.

[slideshare id=45505179&doc=softwareandmusiclicensing-150306003703-conversion-gate01] The presentation herein was given by Dr. Kalyan Kankanala. It deals with the different types of IP, assignment and licensing. Important clauses such as Recitals, Definitions, Grant, Royalties, Term & Termination are discussed. All of these are explained with the help of examples. Open Source licenses are talked about in detail. Licenses and their types with a special focus on music licensing brings about the close of the presentation....

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Intellectual Property: Open Source Software proves to be a worthy underdog!

The image depicts the Open Source logo.

This week’s open source news is about a small, but significant victory of open source software over closed software giant, Microsoft. As a result of Microsoft's decision to draw the curtains on all technical and security support for Windows XP and Office 2003 operating system users, the colours of open source software fly high once again! On its website, Microsoft explained the phasing out of support for Windows XP and encouraged customers to move to the modern, Windows 8.1 for better support. Microsoft also announced that it would expose and make Windows XP and Office 2003 OS systems vulnerable to malware. It...

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Open Source: SAP to be developer friendly

This image depicts the SAP logo, which has the letters S, A and P n white in a blue rectangle with the bottom right corner folded off. This post talks about how SAP is to be more user friendly. Click on the image to read the full post.

Recently, SAP has made a series of announcements in a drive to invite more developers to launch the HANA in-memory computing platform. The series of announcements include the release of its unified developer license, which shall govern most of the SAP applications and the launch of its cloud-based River application development toolset for the HANA in-memory computing platform. SAP has also developed an open-source service broker for the Cloud Foundry PaaS (platform as a service) that allows Cloud Foundry applications to connect to HANA. Apart from this, SAP has announced that it is releasing a part of its proprietary SAPUI5 framework...

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