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Striking Back: Patent Retaliation Clauses in Open Source Software Licenses
Open source software is distributed under more than 60 recognized licenses (see www.opensource.org). One of the most popular open source licenses, which is used to distribute open source programs such as Linux, MySQL and Samba, is the GNU General Public License, generally considered to be the most restrictive of all open source licenses. The GPL, as it is commonly known, requires that an open source program distributed under the license be redistributed together with all modifications free of charge and with the accompanying source code. That restriction ensures that the public will be able to benefit from subsequent improvements to open source programs and prevents the development of improved “proprietary” closed source versions of programs licensed under the GPL.
As a license, however, the current GPL goes only so far in protecting the freedom to use and modify open source programs. Software patents, for example, can be wielded by licensees to assert proprietary rights to open source software without violating the current GPL, and therefore conflict with the aim of the GPL to preserve the freedom of all to use and modify open source programs.
Patent Retaliation Clauses in General
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?