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Weekly Patent News

OIN celebrates 15 years of protecting Open Source Software community, Jaguar files plaint against Prosche, Audi and other major brands

In this week’s Patent News – Jaguar files complaint against Prosche, Audi, Lamborghini and Volkswagen with USITC; Patent infringement lawsuit filed against Samsung Electronics; OIN celebrates 15 years of protecting the Open Source Software community and other news updates. PATENT INFRINGEMENT NEWS UPDATES Patent infringement lawsuit filed against Samsung Electronics Context Directions LLC has filed a lawsuit for against Samsung Electronics for infringing its patented invention. The case, filed in the United States District Court for the…

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Source Code

Large Software Services Company

Nature of the company: A large software services company   Why they approached us: Using lot of open source software in projects for customers Not clear about integrating open source software with proprietary software. Unaware of open source risks and mitigation strategies. What did we do: Studied several projects to understand open source usage patterns. Developed a open source compliance policy/process. Provided inputs on specific open source use projects. Established guidelines for using open…

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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.

Open Source – A Business Reality

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…

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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…

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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…

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

Model to Combat Patent Risks in Open Source Software

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…

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Intellectual Property

Public Access to TKDL under an Open Source Model

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…

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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

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

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…

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The image depicts the Open Source logo.

Open Source Software and Patent Risks

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…

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

GNU Lesser General Public License Version 3

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…

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