Karl LarsonMay 22, 2006

Web 2.0Intellectual Property Issues

Presentation Overview• Background• Web 2.0 Overview• Who Owns the Data• Typical Licensing Terms• Copyleft Issues• Web 2.0 Recommendations and Tips

• A collection of independent websites with little or no collaboration

• Software delivered as packaged software

– For instance, desktop applications such as the Web browser itself

• Data content is controlled by the packaged software

• Enterprise technologies begin their life in the enterprise and then make their way eventually to the consumer space

BackgroundWeb 1.0

• A “concept” that describes the current trend in Web development – not a particular technology

• A catch-all descriptor for what is essentially much more dynamic Internet computing – no hard boundary

• The Transition of the Web from a collection of websites to a full-fledged computing platform– Merges new and existing technologies to create an entirely

different online experience– Websites and applications that can more dynamically share

and exchange data and information on-line

Web 2.0 OverviewWhat is Web 2.0?

• A mishmash of tools and websites that foster collaboration and participation.

• Web services that are driven by users and data rather than specific features

• Like Soylent Green, “Web 2.0 is made of people!”

Web 2.0 OverviewWhat is Web 2.0?

http://www.slate.com/id/2138951/?nav=navoa

• Treats the Web as a computing platform– Open and made of collective pieces (e.g., multiple websites)– Driven by its users and data than specific features– Uses services rather than packaged software

• Open and distributed– Information is broken up into “microcontent” that can be distributed

over many domains– Allows data to be aggregated and remixed

•Pushes control of data to the end user•Provides users control of how information is categorized and

manipulated

• Allows collaboration– Harnesses collective intelligence from user participation– Encourages constructive social interaction

Web 2.0 OverviewCharacteristics of Web 2.0

• Services are offered through the Web

• Uses thin clients (e.g., the Web browser) to offer services

• Software is quickly and frequently updated (i.e., perpetual beta)

• One software version exists

• Uses open standards and an open application programming interface (API)

Web 2.0 OverviewWeb 2.0 Software Distribution Model

http://www.oreillynet.com/pub/a/oreilly/tim/news/2005/09/30/what-is-web-20.html

Web 2.0 OverviewWeb 1.0 vs. 2.0

Source: Tim O’Reilly

DoubleClick Google AdSense Ofoto Flickr

Akamai BitTorrentmp3.com Napster

Britannica Online Wikipediapersonal websites blogging

evite upcoming.org and EVDBdomain name speculation search engine optimization

page views cost per clickscreen scraping web services

publishing participationcontent management systems wikis

directories (taxonomy) tagging ("folksonomy")stickiness syndication

• Mashups– Google Map APIs - Allows Google maps to be embedded into a

web page using a programmable API– Flickr - Create communities with content (e.g., photos) provided

by their members

• RSS Feeds – Really Simple Syndication Feeds– Allows a user to subscribe to a page with notification every time

that page changes (often referred to as the “live Web” or “incremental Web”)

• Wikis– Wikipedia - An online encyclopedia that allows its content to

added and edited by any user

• Blogs and Podcasts

Web 2.0Examples

• A website or web application that combines and integrates data content from more than one source

• Content used in mashups is typically sourced from a third party via a public interface or API

Web 2.0Mashups

(http://www.wikipedia.com)

http://www.programmableweb.com/

Web 2.0Top Mashup APIs

Web 2.0Mashup Example – ByOwnerPlanet

• Uses Google Maps to show houses for sale by owner by geographic area

http://www.byownerplanet.com

• A family of web feed formats, specified in XML and used for Web syndication

• RSS is used by news websites, weblogs and podcasting

• Web feeds provide data content together with links to the full versions of the content, and other metadata

• RSS delivers data content as an XML file called an RSS feed, webfeed, RSS stream, or RSS channel

• Provides the ability to track updates on a Web site using an aggregator

Web 2.0RSS (Really Simple Syndication)

(http://www.wikipedia.com)

Web 2.0 OverviewHow RSS Works

Web PageRSS

Reader

1. The reader periodically checks to see if the page or site has been updated

2. Data content is requested by the reader

Web 2.0RSS Example – MSNBC

http://www.msnbc.com

http://www.2rss.com

• Relevant information may be organized into delivery channels which may be processed by customers/users at any time

• RSS may be delivered to customer/users without spam

• RSS is more suited to receiving information rather than communication

• Allows customers/users to select their preferred delivery channels

Web 2.0Corporate Advantages of Using RSS over E-mail

• A type of website that allows potentially any user to add, remove, or otherwise edit all content, very quickly and easily, sometimes without the need for registration

• An effective tool for collaborative writing

Web 2.0Wiki

(http://www.wikipedia.com)

Web 2.0Wiki Example – Wikipedia

• A Collaborative Dictionary that is open to editing in real time by any user

• Contributors become authors, editors and publishers

http://www.wikipedia.com

• A web-based publication consisting primarily of periodic articles, most often in reverse chronological order

• Typically focuses on a particular subject, such as food, politics or local news, or may serve as an online diary

• Typically combines text, images, and links to other blogs, web pages, and other media related to its topic

Web 2.0Blogs

(http://www.wikipedia.com)

Web 2.0Blog Examples

http://www.blogmaverick.com http://3lepiphany.typepad.com/3l_epiphany/2006/03/a_taxonomy_of_l.html

• There is a growing expectation on the Web that data content is shared

• Data content isn’t community property– However, the concept of limited sharing is becoming extinct in

the digital age

• This paradigm shift began happening long before Web 2.0– Web 2.0 is in response to this paradigm shift not the cause

Web 2.0Data Content is Shared

• What does all this mean to the nature of the Web and how we use and share information?

• How does it change the notion of “content”?

• Or copyright?

• Copyright and data protection, in the digital environment pose potential legal risks

Web 2.0Who Owns the Data?

• The right of the owner of a copyrighted work to permit or deny others from reproducing, distributing or performing the copyrighted work or creating derivative works thereof

• Copyrightable subject matter includes:– literary works (e.g., articles, stories, journals, or computer programs)– music and song lyrics– plays and screenplays– pictures, graphics and sculptures– blueprints of architecture– audiovisual recordings such as movies– sound recordings– architectural works

Web 2.0What is a Copyright

17 U.S.C. § 106 et seq.

• Section 107 of the Copyright Act provides that the “fair use” of a copyrighted work for the purpose of criticism, comment, news reporting, teaching, scholarship or research is not an infringement

• Section 107 of the Copyright Act lists four factors to be considered:

– The purpose and character of the use– The nature of the copyrighted work– Amount and substantiality of the portion used in relation to the

copyrighted work as a whole– The effect of the use upon the potential market for or value of the

copyrighted work

• However, there is no specific number of words, lines, or notes that may safely be taken within this “fair use” exception

Web 2.0Fair Use

• Common solution is to use a license:

– Terms of use licenses– GNU licenses– Creative Commons licenses

• Owners still own, creators still create, and both are acknowledged for their roles

– Both retain some control over their creations– Both can make money from them (depending upon the license)– License defines access and use of data content and APIs

Web 2.0Rights to Data Content

Web 2.0Common Web 2.0 Licenses

http://creativecommons.org/ http://www.gnu.org/licenses/licenses.html

• Personal, non-commercial use only

• Non-competition provision

• Provision against tarnishing, infringing, or diluting trademarks

• Restrictions on advertisements

• Restrictions on frequency of use (i.e., bandwidth)

• Provision that commercial or other uses require written permission (and if mutually agreeable – a license)

Web 2.0Example – Typical RSS Licensing Terms

Web 2.0 Licensing Terms

The Google Web APIs service is made available to you for your personal, non-commercial use only (at home or at work). * * * And you may not use the search results provided by the Google Web APIs service with an existing product or service that competes with products or services offered by Google.If you are interested in doing anything different than the foregoing, you must first obtain Google's written consent. If you fail to do so, Google reserves the right to take legal action. . . .

Google Web APIs Terms of Use License

http://www.google.com/apis/api_terms.html

So long as you comply with your obligations under this Agreement, you may indicate that a product or service that you created either used or is based on Google Web APIs provided that those products or services do not in Google's reasonable opinion (1) tarnish, infringe, or dilute Google's trademarks, (2) violate any applicable law, and (3) infringe any third-party rights. If you wish to use the GOOGLE trademark and/or logo in any other manner, you must first obtain Google's written consent.

Google Web APIs Terms of Use License (continued)

http://www.google.com/apis/api_terms.html

Web 2.0 Licensing Terms

[Y]ou may not, directly or indirectly: (a) sell, modify, translate, copy, publish, transmit, distribute or otherwise disseminate the Content or any portion thereof; or delete or fail to display any promotional taglines included in the Content (b) rent, lease, or otherwise transfer rights to the Content; (c) display the name, logo, trademark or other identifier of another person (except for NYT or you) on your Site in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Content on the Site; (d) remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on Content or in the Services, including without limitation, the size, color, location or style of NYT's marks; . . ..

The New York Times RSS License Agreement

http://www.nytimes.com/gst/nytheadlines.html

Web 2.0 Licensing Terms

RSS is a free service offered by CNN for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS feeds as provided by CNN, and you may not edit or modify the text, content or links supplied by CNN. For web posting, reprint, transcript or licensing requests for CNN material, please send your request to licensing.agent@turner.com.

CNN RSS License Agreement

http://www.cnn.com/services/rss/

Web 2.0 Licensing Terms

CNN retains all ownership and other rights in the RSS Content, and any and all CNN logos and trademarks used in connection with the RSS Service. You must provide attribution to the appropriate CNN website in connection with your use of the RSS feeds. If you provide this attribution using a graphic, you must use the appropriate CNN website's logo that we have incorporated into the RSS feed.

CNN RSS License Agreement (continued)

http://www.cnn.com/services/rss/

Web 2.0 Licensing Terms

• Non-competition provision

• Recognition of source

• Provision against tarnishing, infringing, or diluting trademarks

• Restrictions on advertisements

• Restrictions on frequency of use (i.e., bandwidth)

• Usage fees

• Indemnification provision

• Right to terminate license at any time

Web 2.0Recommendations for Commercial Use of Data Content

• A concept of providing free or open source software that others can legally copy, modify under a free software license.

– Typically all modified and extended versions of the software must also be free or open source software as well

• GNU licenses provide varying degrees of copyleft protection

– The GNU General Public License (GPL)– The GNU Lesser General Public License (LGPL)– The GNU Free Documentation License (FDL)

CopyleftWhat is Copyleft?

• Maintain all original copyright notices on source code

• Conspicuously and appropriately publish on each copy an appropriate copyright notice and cause any executable thereof to display such copyright notice

• Any patents relating to the software must be licensed for everyone’s free use

• Modified files must carry prominent notices indicated that they were changed, the date of the change and what portions were changed

• Provide copies/downloads of the source code including any modifications to the public at no charge

CopyleftTypical Copyleft Licensing Terms

You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: * * * You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

GNU General Public License

http://www.google.com/apis/api_terms.html

Web 2.0 Licensing Terms

http://www.gnu.org/licenses/gpl.html

• Sufficient rights– Data content and/or APIs access rights– Use of data content– Use of trademarks

• Indemnification– Copyright infringement– Patent infringement– Privacy violations

• Identity• Patents• Distributed applications

Web 2.0 TipsIssues for Companies

• Investigate how Web 2.0 technologies can impact their marketing and internal communications or collaborations. For instance:

– RSS feeds may be used to distribute information to clients to allow customers to “pull” up-to-date information on products and services

– Blogs may be used to generate interest about products and/or to foster communication and collaboration with customers and partners

• Investigate licensing options that are available for use of different Web 2.0 technologies

• Utilize licenses for any export of company data content using Web 2.0 technologies

• Carefully review copyleft licenses before integrating open source code and/or data content

Web 2.0 TipsTips for Companies

Useful Resources• www.programmableweb.com

– Information on mashups and new Web 2.0 APIs• www.google.com/apis/maps

– Google website• www.gnu.org

– The GNU Project web server.• www.macworld.com/2005/04/secrets/junecreate/index.php

– Start you own Podcast• www. usatoday.com/tech/columnist/andrewkantor/2006-01-10-web-20_x.htm

– “What ‘Web 2.0’ means to us”• www.slate.com/id/2138951/?nav=navoa

– “Web 2.0”• www.gigalaw.com

– GigaLaw.com website

Gardere Wynne Sewell LLPKarl Larson

3000 Thanksgiving Tower1601 Elm Street

Dallas, TX 75201-4761Phone: 214.999.4582 Fax: 214.999.3582

klarson@gardere.com