Open Source Software/ A presentation at IIM-B by Dr. Kalyan Kankanala Contact Us for Intellectual Property Services BananaIP Counsels Regd Office No.40,3rd Main Road,JC Industrial Estate, Kanakapura Road,Bangalore – 560 062. Email: contact@bananaip.com Telephone: +91-80-26860414 /24/34

1. Open Source Software
By
Dr. Kalyan C. Kankanala
kalyan@bananaip.com
Nishant Kewalramani
www.bananaip.com
Blog: www.sinapseblog.com

2. AGENDA
 Copyright Introduction
 Patent Introduction
 Overview of OSS
 Kinds of Licenses
 Enforcement

3. Copyright
 Idea/Expression
 Original
 Modicum of creativity
 Literary, Dramatic, Musical, Artistic,
Photographic, Cinematographic works and
Sound Recording

4. Copyright and Software
 Source/Object Code
 Databases
 Websites
 Interfaces

5. Rights
 Reproduce
 Adapt
 Distribute
 Modify
 Public Display
 Public Performance

6. Issues in copyright
 Writing in different language-
Translation?
 Making backup copies?
 Use covered under any right?

7. Patents
 Rights
 Make
 Use
 Sell
 Offer for sale
 Import
 20 years from the
date of first filing

8. © Brain League IP Services Pvt. Ltd
INVENTIONS
Subject Matter
Usefulness
Novelty
Non-obviousness
Specification
PATENTS
Patent Filter Model

9. USA
 Bilski Case
 Hedging of Risks
 Machine or Transformation test

10. Europe
 Symbian Case
 Technical Contribution

11. India
 Compulsory hardware attachment
 Computer program product claims not
allowed

12. Example
 NIAS develops a reading software and
makes it available:
 As free download
 With copyright notice
 Terms and Conditions of use
 Open Source License

13. Open Source Concept
 Evolution
 Philosophy
 Principles

14. Principles
 Source Code
 Distribution
 Modification
 Attribution
 License

15. Kinds of Licenses
 Viral
 Restrictive
 Flexible

16. GPL
 Copy, Modify and Distribute
 Distribution Conditions
 Source Code
 Derivative Works - Source Code
 Attribution
 License
 Warranty and Liability

17. MPL
 Copy, Modify and Distribute
 Distribution conditions
 Source Code
 Larger work - Only Source Code of MPL
Software
 Attribution
 License
 Warranty and Liability

18. BSD
 Copy, Modify and Distribute
 Distribution Conditions
 Source code not mandatory
 Derivative work - No source code
 Attribution
 Different License
 Warranty and Liability

19. Example
 Softan makes a software for transferring
data into the brain available on his website.
The software has dynamic links with
certain libraries which are governed by
GPL. Softan distributes the software under
its own terms and conditions. The
copyright owner of the GPL software
library sues Softan.

20. Example
 MyTv is a software developed by a group of
engineers at IISc. The software is used for playing
TV on mobile phones. The programmers make
the software available under GPL.
 What are your flexibilities and limitations?
 What if the software is made available under
BSD or MPL License?

21. Enforcement
 Jacobson case
 FSF Vs. SISCO
 Busy Box case
 Microsoft case

22. THANK YOU