patents, copyrights and trademarks... oh why!?
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Patents & Copyright
& Trademarks...
Oh, why!?
Deb NicholsonCommunity Outreach Open Invention Network
Great Wide Open - 2014
Who I am
I am not a lawyer
I am definitely not your lawyer
What I'm going to cover
Three different areas of the law cover Intellectual Property
Trademarks for logos, names and symbols
Trademarks for logos, names and symbols
Copyright covers the written word, art and music
Trademarks for logos, names and symbols
Copyright covers the written word, art and music
Patent Law intended for inventions
What it covers
The (supposed) intent behind the law
How we as FOSS creators use it
Trademarks
Names, logos and symbols
Think of it as the style sheet.
Is this from who I think it's from?
Is it safe?
Will it be delicious?
All your red triangles belong to us?
Intent matters.
Apachaysoftwarez.com
If it feels shady, it's probably illegal.
A PatchySoftware
Satire is ok.
Even if it's poorly done.
Especially, if it's poorly done.
Usually good vs. Highly questionable
Using the trademark to refer to the holder
Using the trademark to talk about the holder
Using the trademark to say that you are using something
Check the project's policy
Using the trademark to impersonate the holder
Using your own version of the trademark in a similar context
Using the trademark to imply endorsement you don't have
Check the project's policy
Magenta!
Smell me, maybe?
Copyright
Originally just books.
Think of it as the content
Literary works, art, music
Literary works, art, musicand code
All our software licenses rest on top of copyright law.
Picking a license
Check your upstream
Picking a license
Check your upstream
Check with your boss
Picking a license
Check your upstream
Check with your boss
Copyleft and derivative works
Picking a license
Check your upstream
Check with your boss
Copyleft and derivative works
Permissive licenses
Picking a license
Check your upstream
Check with your boss
Copyleft and derivative works
Permissive licenses
Special snowflakes
Picking a license
Check your upstream
Check with your boss
Copyleft and derivative works
Permissive licenses
Special snowflakes, not recommended
Picking a license
Check your upstream
Check with your boss
Copyleft and derivative works
Permissive licenses
Special snowflakes, not recommended
Unless you are an expert
You got your patents in my copyright?!
Patents
Functionality
Think of it as the answer to, But what does it do?
What is patentable?
What isn't patentable?
What isn't patentable?
Things other people have already done, aka novel
What isn't patentable?
Things other people have already done, aka novel
Things that are obvious
What isn't patentable?
Things other people have already done, aka novel
Things that are obvious
Things that don't or can't exist
What isn't patentable?
Things other people have already done, aka novel
Things that are obvious
Things that don't or can't exist
Algorithms (on their own)
What isn't patentable?
Things other people have already done, aka novel
Things that are obvious
Things that don't or can't exist
Algorithms (on their own)
Naturally occurring phenomena
What isn't patentable?
Things other people have already done, aka novel
Things that are obvious
Things that don't or can't exist
Algorithms (on their own)
Naturally occurring phenomena
Illegal activity
What isn't patentable?
Things other people have already done, aka novel
Things that are obvious
Things that don't or can't exist
Algorithms (on their own)
Naturally occurring phenomena
Illegal activity
Notably, tax fraud
Functional claiming
I fix this problem
I fix this problem, on a computer
Patent suits involving NPEs
Source: PatentFreedom 2013. Data captured as of January 18, 2013.
40% of the time
It's not just about trolls, though
What can you do?
Join the Open Invention Network's non-aggression community for FOSS
What can you do?
Join the Open Invention Network's non-aggression community for FOSS
Which includes access to our defensive patent pool
What can you do?
Join the Open Invention Network's non-aggression community for FOSS
Which includes access to our defensive patent pool
Choose a license with a patent clause
What can you do?
Join the Open Invention Network's non-aggression community for FOSS
Which includes access to our defensive patent pool
Choose a license with a patent clause
Defensive publishing
What can you do?
Recap
I am not a lawyer
Trademark: Don't pretend to be someone else.
Copyright: Choose a license that matches your goals for your code.
Patents: The best offense, ...is defense.
When in doubt, get a lawyer.
Picture Credits
CC.BY - Yellow Brick by Matti Mattila (Flickr) - Moon Cakes by Atlaslin (Wikipedia) - Citgo Sign by Kent Goldman (Flickr) - Feather by Nathan Jones (Flickr) - Beware of the Butterfly by Valentina Powers (Flickr) Battleship by Derek Gavey (Flickr) CC.BY.SA - Yellow Brick Wall by Lee Jordan (Flickr) - Bass Beer by Don Lavange (Flickr) Renaissance Lighbulb by eoin (Flickr) - Troll by Deb Nicholson (mine) - Plastic Boss by noii (Flickr)
GFDL - Cow by Daniel Shwen (Wikipedia)
Public Domain - Caerula Frog by Liquid Ghoul (Wikipedia)
Fair Use - Apache Logo (from the Apache Software Foundation)
Questions?deb@openinventionnetwork.com
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