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Open source Software Tag

BananaIP Counsels > Posts tagged "Open source Software"

Open Source – A Business Reality

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.

First Publication Date: 5th October 2010 Open source has today become a necessity for most businesses. It is estimated that 99 percent of all companies using software use at least one open source component. The business value added by open source products makes them inevitable for every company. In addition to software, open source has today expanded its tentacles to many areas from open text books to open drug discovery and is fast spreading to other areas.No business shift happens without legal hurdles and complications. With the rise in applications of open source to businesses, the legal battles with respect to...

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Licensing of Software Does Not Give Rise to Patent Exhaustion

First Publication Date: 20th September 2010 The United States Court of Appeals for the Ninth Circuit clarified the legal confusion that was existing on the application of the first sale doctrine or doctrine of patent exhaustion with respect to software licenses. The Court clarified that the exclusive distribution right is limited by the first sale doctrine, which is an affirmative defense to copyright infringement that allows owners of copies of copyrighted works to resell those copies. Further the Hon’ble Court held that the exclusive reproduction right is limited within the software and this affirmative defense is unavailable to those who are...

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Using Open Source Software in Business

This post was first published on February 19, 2010. Open Source Software (OSS) has certain advantages when compared to proprietary software. It comes with the following benefits: a. The software may be downloaded for free; b. Source code of the software is available, which enables improvement and customization; c. The software generally has a community and the development is faster; d. Support and implementation services are available from multiple sources; and so on. As OSS always comes with a license, the rights and limitations with respect to the use of the software is defined by the kind of license that governs the software. Based on the...

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Model to Combat Patent Risks in Open Source Software

The image depicts a sign of 'at your own risk' in a yellow diamond.

This post was first published on May 10, 2010. Professors at University of California Berkeley are proposing a defensive licensing scheme to fight patent risks in development and use of open source software. In one of my earlier posts, I wrote about the risk of patent infringement with respect to use of open source software and steps to mitigate the same. The model being proposed by Professor Jason Schultz and Professor Jennifer Urban may play an important role in minimizing patent risks if it is adopted by the open source community. The model called as 'Defensive Patent License' is a distributed network...

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Public Access to TKDL under an Open Source Model

Intellectual Property

First Publication Date: 16th January 2010 This is in furtherance of the post on opening the Traditional Knowledge Digital Library (TKDL) for public access in order to further research and development of traditional knowledge. As I had stated in my post, making TKDL available under an open source model would enable the development of traditional knowledge and also safeguard the interests of traditional knowledge holders ("Holders"). The model I am proposing hereunder is based on the success of the Open Source Software (OSS) model. To give a quick overview, the OSS model is based on OSS licenses that grant rights to copy,...

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Enforcement Action Against Palm for Violation of Terms of Open Source License

The image depicts a man pointing with the words 'I want you to open source' written at the bottom as the post is about open source software

First Publication Date: 7th December 2009. Today, Open Source Software (OSS) is being widely used in business as high quality software is being developed by open source communities. Most proprietary softwares have their OSS counterparts, which provide similar or better features. As integration of open source softwares into business is increasing, companies have evolved various business models for commercially gaining from OSS. One of such models is the dual licensing model. Under a dual licensing model, a company makes a software available as an Open Source Software under an open source license and also makes the same software available under a commercial...

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Open Source Software and Patent Risks

The image depicts the Open Source logo.

First Publication Date: 8th November 2009 Software can be protected under both copyright and patent law. While copyright protection for software existed for a long time, patent protection for software evolved during the last decade. Copyright over software protects the literal and/or artistic elements of the software such as code and/or user interface. On the other hand, a patent over software protects functional elements of the software. The concept of 'Open Source Software' (OSS) evolved in response to proprietary software and restrictions under copyright protection. Owners of proprietary software exercised exclusivity and withheld source code under the copyright law. They released only...

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GNU Lesser General Public License Version 3

The image depicts the GPL logo. The post discusses a GNU Lesser General Public License. Click here to read the post.

First Publication Date: 25th March 2008 Introduction The Lesser General Public License("LGPL") is a license used by the Free Software Foundation for software libraries. The license governs all open source software libraries of Free Software Foundation and many others who choose to use it. LGPL defines terms and conditions for copying, modification and distribution of software libraries. Version 3 of LGPL incorporates all provisions of the General Public License ("GPL") and lays down certain additional permissions for software libraries. Rights A software library governed by version 3 of LGPL is also governed by GPL. Under GPL, a person gets the right to copy, run...

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Mozilla Public License Version 1.1

The image depicts mozilla firefox as the post is about Mozilla Public License

First Publication Date: 10th February 2008 The Mozilla Public License (MPL), is a license developed by Netscape Communications. Most of its provisions are same as the Netscape Public License. The license is considered to be a middle ground between the General Public and BSD licenses. Rights granted under the license Any software distributed under MPL grants both copyrights and patent rights to the recipient. The license grants the following copyrights over the software: Right to use; Right to reproduce; Right to modify; Right to display; Right to perform; Right to sublicense; and the Right to distribute.   The license also grants the following patent rights...

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OSS SERIES : A PRIMER ON OPEN SOURCE SOFTWARE

The image depicts a man pointing with the words 'I want you to open source' written at the bottom as the post is about open source software

First Publication Date: 7th January 2008 The Copyright law protects ideas expressed on a tangible form. Ideas by themselves do not get any protection; only the expression of the idea is protected under the copyright law. To get protection an idea should be expressed as literary, dramatic, musical, artistic, cinematographic or photographic work or a sound recording. Such an expression should be on a tangible form such as a paper, canvas, tape and so on. Expression in an electronic form is also considered to be a tangible form of expression. Software is protected under the copyright law as a literary work. A...

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