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Open Source

BananaIP Counsels > Open Source (Page 5)

Open Source: Are Open Source Applications excluded from Windows Marketplace? – An Analysis of the Agreement

This is in furtherance of my earlier post on Microsoft's agreement terms against open source applications. An analysis of the provisions of Windows® Phone Marketplace Application Provider Agreement indicates that Microsoft does not want open source applications in the Windows Marketplace. The definitions clause of the agreement provides a definition for "Excluded License", which reads as follows:"1. l. “Excluded License” means any license requiring, as a condition of use, modification and/or distribution of the software subject to the license, that the software or other software combinedand/or distributed with it be (i) disclosed or distributed in source code form; (ii) licensed...

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Intellectual Property: Marrying Open Standards and Open Source

The image depicts the Open Source logo

Standards can either be open or closed based on the manner of their creation and their accessibility to the public. A standard that is created through public or community participation without any restrictions and can be used or implemented by any one are called open standards. A standard that is developed by and limited to one or more persons is a closed standard. All proprietary standards are closed standards. The basic tenets of open source software are availability of source code, rights to copy, modify and distribute the software, movement of license along with software and so on. The objectives of...

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Intellectual Property: OSS License Compliance – Source Code Not Enough

Open Source Software adoption has taken a large stride in 2010. and so did enforcement of OSS licenses. Software Freedom Law Center has been taking the lead by filing suits against GPL violations. Despite the increasing number of OSS suits, none has till date gone the full distance. The cases are generally settled through compliance, withdrawal and/or payment of compensation.The recent withdrawal of an Open Source Software after alleged violation of GNU General Public License (GPL) by Apple elucidates that making source code available is not sufficient for OSS License compliance. The VLC application for IOS (IPhone Operating System) has...

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