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Patents, copyrights and licenses                Net@Law - 6 May 2009
2Patents vs copyrights Patents    Protection of processes and ideas                   What’s the difference?Copyrights Pro...
2Patents vs copyrights Patents    Protection of processes and ideasCopyrights Protection of implementations and code Licen...
3Example: your MP3 player             Protection of processes and ideas Patents     MP3 compression/decompression algorith...
4History of sofware patents      1790 USPTO created, first        1972 US Supreme Court rules     2005 India rejects princi...
5Should software be patentable?Pros:        Software is useful and requires effort to develop, just like any other inventi...
6Patenting for dummiesStep 1     Write a document describing inventionStep 2     Send it to patent offices of the countries...
7Patents: an example
8Criticism VIDEO
9Copyrights and licenses All software is subject to copyright Copyrights prohibit the duplication and distribution of any ...
10Software licenses in practice
10Software licenses in practice
10Software licenses in practice
10Software licenses in practice
11The different licenses GPL                         LGPL                              MIT License More than 60% of free  ...
12Key takeaway 1   Patents are on ideas     Copyright is on code and implementation 2   Patents are controversial     Copy...
12Key takeaway 1    Patents are on ideas      Copyright is on code and implementation 2    Patents are controversial      ...
Patents, copyrights and licenses                Net@Law - 6 May 2009                        Franck Dernoncourt            ...
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2009 patents - presentation

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2009 patents - presentation

  1. 1. Patents, copyrights and licenses Net@Law - 6 May 2009
  2. 2. 2Patents vs copyrights Patents Protection of processes and ideas What’s the difference?Copyrights Protection of implementations and code Licenses Rights-granting agreements between owners and users
  3. 3. 2Patents vs copyrights Patents Protection of processes and ideasCopyrights Protection of implementations and code Licenses Rights-granting agreements between owners and users
  4. 4. 3Example: your MP3 player Protection of processes and ideas Patents MP3 compression/decompression algorithms owned by Thompson and others Protection of implementations and codeCopyrights Software rights for specific applications owned by VideoLAN (VLC), Apple (iTunes), Microsoft (Windows Media Player), etc. Rights-granting agreements between owners and users Licenses VideoLAN gets license for the MP3 codec patent from Thompson and licenses its copyrighted VLC software to YOU!
  5. 5. 4History of sofware patents 1790 USPTO created, first 1972 US Supreme Court rules 2005 India rejects principle of patent issued on Gottschalk v. Benson software patentability 1962 First software patent 1996 USPTO publishes FCREG issued for simplex algorithm establishing patentability Software patent law is national Software patent law is in a fluid state Software patent law has been affected by the rise of the Internet
  6. 6. 5Should software be patentable?Pros: Software is useful and requires effort to develop, just like any other invention Programmers need to eat tooCons: It severely hampers software development Mathematical facts cannot be patentable Broad and stupid patents can be granted as software is more flexible  Countries disagree on the patentability of software
  7. 7. 6Patenting for dummiesStep 1 Write a document describing inventionStep 2 Send it to patent offices of the countries in which you want a patent E.g. https://sportal.uspto.gov/secure/portal/efs-unregisteredStep 3 Wait for it to get approved, and pay the necessary fees - approximately $10,000
  8. 8. 7Patents: an example
  9. 9. 8Criticism VIDEO
  10. 10. 9Copyrights and licenses All software is subject to copyright Copyrights prohibit the duplication and distribution of any substantial portion of the code without the consent of the copyright owner Licenses grant particular rights regarding the software and the code to the end user The ubiquitous EULA (End User License Agreement) is an example of such licensing Licenses differ in their restrictiveness - open source vs proprietary software Copyright is easy, licenses are complex READ YOUR LICENSES!
  11. 11. 10Software licenses in practice
  12. 12. 10Software licenses in practice
  13. 13. 10Software licenses in practice
  14. 14. 10Software licenses in practice
  15. 15. 11The different licenses GPL LGPL MIT License More than 60% of free Designed for software Very permissive license. software uses GPL. libraries rather than software. Gives users the right to use, Created to ensure that Proprietary software can use copy, modify, merge, publish, source code is provided LGPL libraries. Software distribute, sublicense, and/or together with binaries. using LGPL code must be sell the software LGPL or GPL. GPL code can only be used Users must include copy of in other GPL software. Used in Mozilla & OpenOffice license with their codeRESTRICTIVE PERMISSIVE
  16. 16. 12Key takeaway 1 Patents are on ideas Copyright is on code and implementation 2 Patents are controversial Copyright is widely accepted
  17. 17. 12Key takeaway 1 Patents are on ideas Copyright is on code and implementation 2 Patents are controversial Copyright is widely accepted Remember: even though all software is copyrighted, the number of restrictions imposed varies greatly from license to license
  18. 18. Patents, copyrights and licenses Net@Law - 6 May 2009 Franck Dernoncourt Andrei Timoshenko

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