Are there copyright issues with open source software Law

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2 hours ago Readingroom.law.gsu.edu Show details

864 2000-2001

HeinOnline -- 17 Ga. St. U. L. Rev. 864 2000-2001 2 Georgia State University Law Review, Vol. 17, Iss. 3 [2001], Art. 6 https://readingroom.law.gsu.edu/gsulr/vol17/iss3/6

1. 7
Publish Year: 2001
Author: Natasha T. Horne

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Posted in: University Law

4 hours ago Cendi.gov Show details

Open Source Software (OSS or FLOSS) Basics: An Introduction Dr. David A. Wheeler Institute for Defense Analyses. The briefing begins with a definition of Free / Open Source Software, i.e., software with its source code available that may be used, copied, and distributed with or without modification and that may be offered either with or without a fee.

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Posted in: Business Law

5 hours ago Jolts.world Show details

Moreover, n ot all code contributions to an open source project will be protected by copyright. This paper seeks to explore the application of U.S. copyright law to software, and particularly software that is developed and licensed under an open source model.

1. 3
Publish Year: 2010
Author: Omar Johnny, Marc Miller, Mark Webbink

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Posted in: Law Commons

5 hours ago Webanalyticsworld.net Show details

There are a number of different OSS licences that are used by the open source community when making software available, and their terms vary considerably. The GNU General Public Licence (GPL version 3) – includes the restriction that any copies of the OSS (subject to patent licences) must be royalty free.

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Posted in: Law Commons

Court rules that open source software is protected under

7 hours ago Infoworld.com Show details

Very cool news that a US federal appeals court has ruled that open source code in Jacobsen v. Katzer is subject to copyright laws. A lower …

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Posted in: Law Commons

7 hours ago Bswd.com Show details

• Where copyright law allows the copyright owner to withhold permission to copy, modify, or versions of the software remain free and open in the same way the original software was An Introduction to the Legal Issues Surrounding Open Source Software

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Posted in: Law Commons

Intellectual Property and Open Source UpCounsel

3 hours ago Upcounsel.com Show details

1. The open source framework provides software users and developers an alternative method of development and distribution, alongside other methods that include freeware, public domain, shareware, vaporware, and commercial software. Applications, tools, and operating systems are all available as open source software. The Free Software Foundation is the genesis of open source software after its creation by computer scientist Richard Stallman in the 1980s. The missions of this organization include: 1. Promoting the right of users to study, use, copy, redistribute, and modify software programs 2. Promoting the use and development of free software and documentation 3. Raising awareness of political and ethical issues associated with free software use 4. Creating new free software programs 5. Eliminating the need for proprietary software use

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Posted in: Document Law, Intellectual Property Law

1 hours ago Opensource.stackexchange.com Show details

Open source works with the copyright law, spelling out what the author allows among the many things copyright law reserves to the author. In contrast, propietary software and books ask you to pay for the privilege of getting a copy.

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Posted in: Law Commons

Violation Of Open Source Licence Agreement Mondaq

3 hours ago Mondaq.com Show details

Even though open source software is often offered royalty-free, the court opined that open source licensing is supported by economic consideration: "[t]here are substantial benefits, including economic benefits, to the creation and distribution of copyrighted works under public licenses that range far beyond traditional license royalties."

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3 hours ago Natlawreview.com Show details

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2 hours ago Illinoislawreview.org Show details

LEGAL IMPLICATIONS OF OPEN-SOURCE SOFTWARE David McGowan* The proliferation of computer technology and the advent of the Internet have created many new relationships and problems that raise questions about traditional legal and economic princi-ples. The development of “open-source” or “freesoftware is an example of this phenomenon.

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Posted in: Law Commons

7 hours ago Blog.capterra.com Show details

Jarvis Legal is web-based legal practice management software with case management features such as time tracking, billing, document management, account management, and reporting.. Its free version covers unlimited users, five cases, and 5GB online storage space. It allows users to receive online payments, generate bills using customized templates, automate documentation, and generate …

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Posted in: Document Law, Invoice Template

An Intellectual Property Law perspective Taylor Vinters

1 hours ago Taylorvinters.com Show details

1. Although copies of open source software can be obtained from various repositories for free, all rights subsisting in the software generally remain with the owner. These include the rights to copy the source code, modify it, and create derivative works for a profit. The capacity of a third party to exercise these rights depends on the licence granted by its owner. Further, there is a wide spectrum of licensing models. The more permissive licences allow a user to adapt open source software to create derivative works, without restrictions on how such derivative works should be licensed subsequently. In contrast, the more restrictive licences may require licencees to make the source codes of derivative works available to the public as well. One of the most well-known examples of such restrictive licence is the GNU Public Licence (“GPL”). Any derivatives created from GPL-licensed software must be distributed on the same terms, i.e. recipients of the software must be able to freely access...

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Posted in: Intellectual Property Law, Property Law

Free and Open Source Software Licensing Inc.com

Just Now Inc.com Show details

What are the liability issues involved with using free and open source software (FOSS)? Here's a guide to copyrights, choosing a license, trademark registration, and patents.

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Posted in: Law Commons

8 hours ago Euro.ecom.cmu.edu Show details

open source” group, was developed several years after the FSOS movement began and was intended to better accommodate commercial interests. The other, which was the first group, is the “free software” movement. The “free software” movement is the more aggressively normative in character. While the two groups are different and often

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Posted in: Commercial Law

8 hours ago Wikieducator.org Show details

“Legal Issues Relating to Free and Open Source Software”. As you would be aware, Open Source Software has been the subject of international debate since a young hacker named Linus Torvalds developed Linux as a hobby in the early 1990s. Having been a lawyer before I became a Minister I recognise, on the one

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Posted in: International Law

2 hours ago Milleripl.com Show details

As soon as you write the code down for a software program, it is automatically protected by a copyright. When the code is protected by a copyright, others cannot copy the code or modify the code without your permission. Open source is simply a license to use and modify the software under the terms of the open source software agreement, such as a General Public License (GPL). The code is still

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Posted in: Law Commons

9 hours ago Nibusinessinfo.co.uk Show details

Open source licences give you free access to the source code of an application, and the ability to edit, modify and share this code without seeking special permission. There are many different licences available. They can vary considerably in their legal requirements. Most common licences are: 1.

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Posted in: Business Law

5 hours ago Lexum.com Show details

The Legal Issues Surrounding Free and Open Source Software: Challenges and Solutions for the Government of Québec Pierre-Paul Lemyre, Richard Willemant Abstract The Government of Québec is slowly but surely turning its attention to the issue of free and open source software in response to the interest shown by Québec’s software industry

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Posted in: Government Law, Industry Law

8 hours ago Mondaq.com Show details

1. An Open Source Software (OSS) is a kind of software with sourcecode which can be modified, enhanced and inspected by ANYONE. Incase of an OSS, a person may alter how the software works orimprove it by adding features or fixing parts that do not workproperly, by modifying the source code of the software program.This is different from a closed software, where only theperson/organization that created the software has the capacity toalter it, OSS is preferable and is considered to be a better optionfor the users than the former, as it grants them more freedom inrelation to a closed software. Some prime examples of OSS are theApache HTTP Server, the e-commerce platform os Commerce, internetbrowsers like Mozilla Firefox and Chromium. Facebook, Google,and LinkedInall release OSSs, so thatdevelopers may share knowledge, create solutions, and contributetowards the creation of stable and functional products. There arecertain landmark judicial pronouncements in the field of OSS thathold paramo...

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Posted in: Form Law

Software Law and Open Source Liability Linux notes from

1 hours ago Linuxblog.darkduck.com Show details

S oftware licensing with open source software creates some interesting legal questions for software law.These concerns are something any Silicon Valley company looking to release or use any open or quasi-open software should assess and integrate into its strategy. There are issues with using the software and understanding exactly what its clauses mean, problems with issuing this type …

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Open Source Software: Current Law daviddfriedman.com

3 hours ago Daviddfriedman.com Show details

Because no open source software licensor has sued a licensee for copyright infringement, the courts have not yet ruled on the validity of open source software copyright or on the potential damages that could be assessed. However, there does not appear to be anything about open source software copyright that would seem to make it invalid.

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4 hours ago Bidsketch.com Show details

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Four reasons you don't want to use open Opensource.com

4 hours ago Opensource.com Show details

Open source software (OSS), unlike proprietary software, is software that keeps the code open so IT professionals can alter, improve, and distribute it. Although it has been around since relatively early in the history of computers, in the past several years OSS has truly taken off, in what some might see as a surprising example of a successful communal collaboration.

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Posted in: Labor Law

3 hours ago Rivaliq.com Show details

1. As content creators, we understand the importance of images. Using images to break up a wordy post can make it appear less daunting, and the right image can drive your message home. At a more juvenile level, images make reading way more fun. The average two-year-old has no idea how to read, but if you give him/her a stack of picture books they are entertained for hours. I’m of the belief that we never grow out of loving pictures – and while it’s tempting to Google the exact image we have in mind (I’m guilty of it!), it’s critical that we don’t get sloppy and neglect copyright laws.

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Posted in: Juvenile Law, Air Law

2 hours ago Learn.marsdd.com Show details

For start-ups, there are two main issues to consider with regard to open source: Integration of open-source material into their own work; Releasing their work under an open-source licence; Companies need to decide early on if they want to include open source in their own work product. If they do, they must abide by that particular open-source

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Posted in: Law Commons

4 hours ago Cio.com Show details

The days of open source software free lunches are rapidly coming to an end, and that means enterprises that fail to stick to the terms of open source licenses can expect to be sued.

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Posted in: Law Commons

Open source software Lexology

3 hours ago Lexology.com Show details

Open source software differs from traditional forms of proprietary software because it is typically available free of royalties or fees, subject to licences indicating the terms under which it can

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Posted in: Form Law

Open Source Software: An Open Door to FindLaw

5 hours ago Corporate.findlaw.com Show details

First, find out whether the company is using open-source software on or in connection with its computer systems. Next, review the terms of any associated licenses. This will define where the potential liability exists. Finally, consider whether the benefits of continuing to use the open source software outweigh the risks of IP liability.

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Posted in: Law Commons

9 hours ago Legalbeagle.com Show details

U.S. copyright law protects the source code of computer programs as literary works, and may also protect screen displays as visual arts works or audiovisual work. Terms such as “freeware” and “shareware” describe software distribution methods.

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Posted in: Business Law

2 hours ago Cbo.gov Show details

At the same time, copyright law today applies to a grow-ing number of products. Although the most prominent disputes over digital copyright concern music and mov-ies, copyright law also applies directly to other products, such as computer software. Some manufacturers of soft-ware and other products have responded to technological

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Posted in: Media Law

Law Open Source Stack Exchange

9 hours ago Opensource.stackexchange.com Show details

For example, an author who releases software under the Apache Public License or GNU GPL (version 3) expressly grants recipients the right to use any of the authors' patents that apply to the software, so there is no risk of violating the author's patents. 2 Not all open source licenses do this, but it is an option for open source software under

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Posted in: Law Commons

The total cost of ownership of open source software

3 hours ago Ipeg.com Show details

Although not limited to software, open source is dominated by this particular technology and by the open source software community. Open source software does not just mean access to the source code. The distribution terms of open-source software must comply with the following criteria: There must be free redistribution. The program must include source code, and must allow distribution …

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Open source license litigation Wikipedia

Just Now En.wikipedia.org Show details

The open source community has an interest in limiting the reach of patent law so that free software development is not impeded upon. The SFLC showed its support for the “machine or transformation” test which only allows patents for computer software processes which include a special purpose apparatus not merely a general purpose computer to

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Posted in: Support Law, Form Law

US Sections Law360

7 hours ago Law360.com Show details

Software programmers who distribute free open source programs can rely on copyright law and sue for monetary damages if the terms of the license are violated, an appeals court has ruled in a rare

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Publications Software Freedom Law Center

9 hours ago Softwarefreedom.org Show details

1. 4 June 2008 Version 1.5.2 1. Richard Fontana 2. Bradley M. Kuhn 3. Eben Moglen 4. Matthew Norwood 5. Daniel B. Ravicher 6. Karen Sandler 7. James Vasile 8. Aaron Williamson Download PDF | Download Postscript Copyright © 2006, 2007, 2008, Software Freedom Law Center, Inc. Verbatim copyingand distribution of this entire document is permitted in any medium; this noticemust be preserved on all copies.

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Posted in: Pdf Law, Document Law

8 hours ago En.wikipedia.org Show details

1. In Canada software is protected as a literary work under the Copyright Act of Canada. Copyright is acquired automatically when an original work is generated; the creator is not required to register or mark the work with the copyright symbol in order to be protected. The rights holder is granted: the exclusive right of reproduction, the right to rent the software, the right to restrain others from renting the software and the right to assign or license the copyright to others. Exceptions to these rights are set out by the terms of Fair Dealing; these exempt users from copyright liability covering usage and reproduction when performed for research, private study, education, parody or satire. Changes to the Copyright Act in regard to digital copyright were debated in the Canadian Parliament in 2008. Bill C-61proposed alterations of the breadth and depth of exemptions for uses such as personal back-ups, reverse engineering and security testing.

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Posted in: Form Law, Air Law

1 hours ago Blog.ipleaders.in Show details

Open source licenses are a grant of permission by the owner of the open source software (OSS) to exercise the exclusive rights held by the owner. The rights range from copying and creating derivatives of the product to its distribution. These licences are akin to unilateral contracts and you are only bound by it, should […]

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Posted in: Contract Law

Frequently Answered Questions Open Source Initiative

6 hours ago Opensource.org Show details

The term "free software" is older, and is reflected in the name of the Free Software Foundation (FSF), an organization founded in 1985 to protect and promote free software. The term "open source" was coined by Christine Peterson and adopted in 1998 by the founders of the Open Source Initiative. Like the FSF, the OSI's founders supported the

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Posted in: Support Law

Www.dwt Davis Wright Tremaine

5 hours ago Dwt.com Show details

Richard Acello, Opening Up to Open Source: Corporation Counsel Must Be Ready to Deal with “FreeSoftware and Its Licensing, 94–JUN A.B.A. J. 32, 32 (2008). 2. Press Release, Black Duck Software, Inc., Commercial Use of Open Source Software Drives Significant Cost Savings

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Posted in: Commercial Law

The state of open data and open hardware Opensource.com

8 hours ago Opensource.com Show details

1. The legal issues around open data and open hardware have a lot in common with the legal issues around open software. This shouldn't be surprising, because some of the technological and economic foundations are the same. These include: 1. Increased usefulness of information In our dim, dark past, having information often was not very helpful for individuals or small organizations—they often lacked key skills or tools to create valuable things out of that information. In open software, this changed years ago with compilers. More recently, in hardware, 3D printing and easier access to contract manufacturers have changed the game; and in data, increased number crunching capabilities, open tools like R (programming language), and increased access to big open data sets like Wikidataand Open Street Maphave opened new doors for a very wide variety of data geeks. 1. Collaboration happens outside In the same dim past, collaboration was something that happened primarily within the walls of lar...

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Posted in: Form Law, Contract Law

Open Source Licensing: Software Freedom and Intellectual

Just Now Amazon.com Show details

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.

Reviews: 17

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Posted in: Intellectual Property Law

Open source software Wikia

9 hours ago Itlaw.wikia.org Show details

1. Open source software generally is distributed to the public pursuant to an open source license that requires users of the program to comply with specific contract terms that will insure that the open source software will remain open source. Those license terms generally require that the source code be distributed along with the software, and that others are allowed to modify and redistribute the source codeas desired. "Open source software is very often developed in a public, collaborative manner. Open source software is the most prominent example of open source development and often compared to (technically defined) user-generated content or (legally defined) open content movements." Some examples of open source software include the Linux operating system and Apache Web server software.

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Posted in: Contract Law, Labor Law

What is the legality of using Law Stack Exchange

9 hours ago Law.stackexchange.com Show details

Developing and using such software only by yourself/friends/family is fine: the hardware is yours and the vendor has no legally enforceable way to dictate you in which way to use it for personal purpose, what software to run etc.See this question/answer for details.. However, if you decide to publish your open source software you may get into legal trouble.

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Posted in: Family Law

Analytics Lexology

3 hours ago Lexology.com Show details

Open source software (“OSS”) may be used by the public free of charge, however, its use is not free of risk. be aware that OSS is protected by copyright law in Canada as a literary work

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Posted in: Law Commons

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Frequently Asked Questions

How is copyright law related to open source software?

This article sets out a few points on open source software licences in the context of Singapore’s copyright law. Although copies of open source software can be obtained from various repositories for free, all rights subsisting in the software generally remain with the owner.

Are there any legal issues with open source software?

Copyright © 2006, 2007, 2008, Software Freedom Law Center, Inc. Verbatim copying and distribution of this entire document is permitted in any medium; this notice must be preserved on all copies. 4.7 Should FOSS Developers Apply for Patents? 5.2 Registered v. Unregistered Marks 5.5.1 Is permission needed?

Why do we need an open source license?

The licenses that typically accompany open-source software reflect this uncertainty: they come with no warranty as to the integrity of the code. Open source licenses thus “shift” the risk of IP liability from the authors of the software to the users of the software.

Is the source code of open source software protected?

“Open-source software” is the concept that an expressive work can be better utilized and developed by allowing open access to the source code. The source code may be intellectual property that is protected by federal copyright laws, should the author choose to exercise those rights,...

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