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

667 views
488 views

Published on

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

Published in: Technology
0 Comments
3 Likes
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
667
On SlideShare
0
From Embeds
0
Number of Embeds
12
Actions
Shares
0
Downloads
29
Comments
0
Likes
3
Embeds 0
No embeds

No notes for slide

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

  1. 1. Patents & Copyright & Trademarks... Oh, why!? Deb Nicholson Community Outreach Open Invention Network Great Wide Open- 2014
  2. 2. Who I am
  3. 3. I am not a lawyer
  4. 4. I am definitely not your lawyer
  5. 5. What I'm going to cover
  6. 6. Three different areas of the law cover “Intellectual Property”
  7. 7. ● Trademarks – for logos, names and symbols
  8. 8. ● Trademarks – for logos, names and symbols ● Copyright – covers the written word, art and music
  9. 9. ● Trademarks – for logos, names and symbols ● Copyright – covers the written word, art and music ● Patent Law – intended for inventions
  10. 10. ● What it covers ● The (supposed) intent behind the law ● How we – as FOSS creators – use it
  11. 11. Trademarks
  12. 12. Names, logos and symbols
  13. 13. Think of it as the style sheet.
  14. 14. Is this from who I think it's from?
  15. 15. Is it safe?
  16. 16. Will it be delicious?
  17. 17. All your red triangles belong to us?
  18. 18. Intent matters.
  19. 19. Apachaysoftwarez.com
  20. 20. If it feels shady, it's probably illegal.
  21. 21. A Patchy Software
  22. 22. Satire is ok.
  23. 23. Even if it's poorly done.
  24. 24. Especially, if it's poorly done.
  25. 25. 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
  26. 26. Magenta!
  27. 27. Smell me, maybe?
  28. 28. Copyright
  29. 29. Originally just books.
  30. 30. Think of it as the content
  31. 31. Literary works, art, music
  32. 32. Literary works, art, music and code
  33. 33. All our software licenses rest on top of copyright law.
  34. 34. Picking a license ● Check your upstream
  35. 35. Picking a license ● Check your upstream ● Check with your boss
  36. 36. Picking a license ● Check your upstream ● Check with your boss ● Copyleft and derivative works
  37. 37. Picking a license ● Check your upstream ● Check with your boss ● Copyleft and derivative works ● Permissive licenses
  38. 38. Picking a license ● Check your upstream ● Check with your boss ● Copyleft and derivative works ● Permissive licenses ● Special snowflakes
  39. 39. Picking a license ● Check your upstream ● Check with your boss ● Copyleft and derivative works ● Permissive licenses ● Special snowflakes, not recommended
  40. 40. 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
  41. 41. You got your patents in my copyright?!
  42. 42. Patents
  43. 43. Functionality
  44. 44. Think of it as the answer to, “But what does it do?”
  45. 45. What is patentable?
  46. 46. What isn't patentable?
  47. 47. What isn't patentable? ● Things other people have already done, aka “novel”
  48. 48. What isn't patentable? ● Things other people have already done, aka “novel” ● Things that are obvious
  49. 49. What isn't patentable? ● Things other people have already done, aka “novel” ● Things that are obvious ● Things that don't or can't exist
  50. 50. 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)
  51. 51. 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
  52. 52. 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
  53. 53. 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
  54. 54. “Functional claiming”
  55. 55. “I fix this problem”
  56. 56. “I fix this problem, on a computer”
  57. 57. Patent suits involving “NPEs” Source: PatentFreedom © 2013. Data captured as of January 18, 2013.
  58. 58. “40% of the time”
  59. 59. It's not just about trolls, though
  60. 60. What can you do?
  61. 61. ● Join theOpen Invention Network's non-aggression community for FOSS What can you do?
  62. 62. ● Join theOpen Invention Network's non-aggression community for FOSS ● Which includes access to our defensivepatent pool What can you do?
  63. 63. ● 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?
  64. 64. ● 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?
  65. 65. Recap
  66. 66. I am not a lawyer
  67. 67. Trademark: Don't pretend to be someone else.
  68. 68. Copyright: Choose a license that matches your goals for your code.
  69. 69. Patents: The best offense, ...is defense.
  70. 70. When in doubt, get a lawyer.
  71. 71. 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)
  72. 72. Questions? deb@openinventionnetwork.com

×