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Open Source Code Attribution in a Remix World
The landscape of software development and distribution is changing. Traditionally a closed-off proprietary process, developers and businesses alike are quickly realizing the many advantages that flow from the adoption of a more collaborative open source approach. Open source software (OSS) refers to software whose source code is made available to the public which can be used, modified and redistributed subject to certain conditions and obligations.
The popularity and growth of OSS in technology organizations has created a demand for a new breed of inside counsel or IT lawyers. The variety of the licenses associated with OSS and diversity of the obligations demanded within these licenses has introduced a level of complexity that is new to the IP legal field. The proliferation of job openings for open source licensing experts and inside counsel is a testament to both the entrenchment of OSS within the industry and the attention that organizations are paying to the obligations around OSS Licenses.
Drivers of OSS adoption include:
- Reduced development costs;
- Reduced time to market;
- Avoidance of proprietary lock in; and
- Availability of external support through the OSS community.
It is important to understand that the original developer(s) of the source code automatically possess an all rights reserved copyright to that piece of code. Placing the code in the open source domain does not extinguish this copyright. Rather, the author(s) of the code have the ability to grant certain rights and impose certain obligations to prospective users through the use of a license. An OSS license is a contract between the original developer (the licensor) and those who wish to use the code (the licensees). Failing to comply with license obligations may result in the infringing entity being forced to pay damages or being forced to bring their asset into compliance.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.