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Patents, Copyrights and Trademarks... Oh Why!?
 

Patents, Copyrights and Trademarks... Oh Why!?

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A fun and high-level intro to the various types of "intellectual property" for free and open source developers.

A fun and high-level intro to the various types of "intellectual property" for free and open source developers.

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    Patents, Copyrights and Trademarks... Oh Why!? Patents, Copyrights and Trademarks... Oh Why!? Presentation Transcript

    • Patents & Copyright & Trademarks... Oh, why!? Deb Nicholson Community 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 Patchy Software
    • 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, music and 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 theOpen Invention Network's non-aggression community for FOSS What can you do?
    • ● Join theOpen Invention Network's non-aggression community for FOSS ● Which includes access to our defensivepatent pool What can you do?
    • ● Join theOpen Invention Network's non-aggression community for FOSS ● Which includes access to our defensivepatent pool ● Choose a license with a patent clause What can you do?
    • ● Join theOpen Invention Network's non-aggression community for FOSS ● Which includes access to our defensivepatent 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 Signby Kent Goldman (Flickr) -Feather byNathanJones (Flickr) -Bewareof the Butterfly by Valentina Powers (Flickr)– Battleship by Derek Gavey (Flickr) CC.BY.SA - Yellow Brick Wall by Lee Jordan (Flickr) -Bass Beerby 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