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01}March 02} Issue Volume VolumeVolume 02}05} Issue 01}March 2013 Editorials Editorial 1 Daniel M. German Articles Copyleft, -right and the case law on APIs on both sides of the Atlantic 5 Walter van Holst Lisping Copyleft: A Close Reading of the Lisp LGPL 15 Eli Greenbaum Platform The Rise and Evolution of the Open Source Software Foundation 31 Paula Hunter, Stephen Walli Legislative Review FOSS in the Italian public administration: fundamental law principles 43 Simone Aliprandi, Carlo Piana Available online at: http://www.ifosslr.org Volume 02}05} Issue 01} March 2013 Editorial Committee !aniel German Daniel German is is Associate Professor, Computer Science, This publication is managed by a rotating Editorial Committee. University of Victoria. His main area of research is software The membership of the Committee for this issue is as follows: engineering. In particular, software evolution, open source and intellectual property. Daniel teaches several courses at Uvic, Malcolm Bain primarily Database Systems (CSC370), Social and Professional Malcolm is partner at id law partners, a Barcelona based law Issues (SENG401), Media Applications (SENG410) and more firm specialising in IT law, with a focus on FOSS projects. As recently Intro to Software Engineering (SENG265). well as his private practice, Malcolm participates pro bono in a number of FOSS related initiatives and teaches the legal "ilayne #o$e%oy aspects of FOSS at university. Jilayne Lovejoy is corporate counsel at OpenLogic, a provider of open source software support, provisioning, and compliance Amanda Brock solutions to enterprises. In addition to traditional corporate Amanda Brock is Director at the international technology law counsel responsibilities, Jilayne helps develop OpenLogic’s firm, Origin, www.origin.co.uk. Prior to joining Origin, she was repository of open source licenses and obligations and ensures General Counsel of Canonical, the commercial sponsor of the that OpenLogic’s scanning and compliance software meets the Ubuntu project for 5 years leading their international legal team. needs of legal users. Jilayne also works directly with enterprise Having graduated with Honours from Glasgow University, customers, providing guidance on open source audits and Amanda went on to obtain a Masters in Comparative compliance activities. Jilayne participates in open source Jurisprudence from New York University Law School and a LLM industry groups that help drive adoption of open source software in IT and IP law from Queen Mary and Westfield, University of and speed compliance with open source licenses, including London. She has spent the last 15 years working in house in a co-chairing the legal work group for SPDX™ under the Linux variety of industries, was the first lawyer employed to work on Foundation. Jilayne is also a frequent speaker at conferences the Freeserve ISP and was an editor of the Butterworth's and law schools on topics related to open source licensing and publication Electronic Business Law. She is author of compliance. E:Business; The Practical Guide to the Laws now in its second edition and has contributed a chapter on commercial Ale& 'ewson agreements in open source to Walden and Shentov, Free and Alex Newson is a lawyer at Experian. His main areas of practice Open Source Software: Policy, Law and Practise, published by are information technology law, intellectual property and Oxford University Press in 2013. Amanda has lectured litigation. Alex wrote a number of articles on IT law and use of IT extensively on IT and commercial law internationally. law in Computers & Law Magazine and the Internet Newsletter for Lawyers. He was also the lead editor and a contributor of a Andrew Katz book that was published by Gower in 2008: "Blogging and Other Andrew Katz studied Natural Sciences and Law at Cambridge Social Media: Exploiting the Technology and Protecting the University where he graduated with honours in 1989. In 1991 he Enterprise". was called to the Bar, and in 1993 requalified as a solicitor. He moonlighted as a programmer during his studies at Bar School, programming in Turbo Pascal. He has released software under the GPL. He is currently a partner at Moorcrofts LLP, a boutique Editorial Coordinators law firm in England’s Thames Valley and advises a wide range of businesses on free and open source related issues. He has The editors wish to thank the Editorial Coordinators for their hard lectured and published widely on the subject. work and contribution to making the Review happen. This issue has been cure with great dedication and effort by Iain G. Mitchell QC Chairman, Scottish Society for Computers and Law; Chairman, Kari Karkainen Scottish Lawyers’ European Group; Chairman, Faculty of Kari is a software professional with close to 20 years of Advocates IT Group; Lecturer, Honorary Board of Lecturers, experience primarily in wireless telecommunications and Institut für Informations, Telekommunikations- und Medienrecht, embedded space, having successfully contributed to the Westfälische Wilhelms-Universtät, Münster; Freeman, development of pioneering technology solutions (e.g. the first Worshipful Company of Information Technologists. Nokia communicator, and the first KJava (J2ME) implementation in a GSM phone). Besides being an MBA Carlo Piana graduate, he has recently also obtained an LLM degree, as he Independent lawyer specialising in Information Technology and has always been very interested in the legal matters related to Telecommunication Law and Free Software Advocate. Started software, especially open source software, and IT in general. by using GNU/Linux and became intrigued by the legal and philosophical implications of it. Serves as Counsel to the Free Software Foundation Europe and advises projects and Peer re$iewers companies active in Free and Open Source Software. The Editorial Committee wishes to thank the work of the many referees and peer reviewers whose professional expertise and Tomasz Rychlicki dedication to high standards have made the publication of this Tomasz Rychlicki graduated from the University of Gdańsk, the issue possible. Faculty of Law, Center of European Law. He also studied at Chicago-Kent College of Law in the LL.M. Program in International Intellectual Property Law. Tomasz currently works for PATPOL, Warsaw. He is a member of the Editorial Board Contact (Copyright, Related Rights and Designs, including sui generis All administrative, bibliographic and pre-publication enquiries database right) at the Journal of Intellectual Property Law & should be directed to the Editorial Coordinators via email at: Practice published by Oxford University Press, Oxford. admin(i)osslr.or* Brendan cott The Editorial Committee can be contacted via email at: Brendan runs a legal practice based in Sydney, Australia. Brendan is a founding member and a director of Open Source ed+com(i)osslr.or* Industry Australia Limited. He is a past president of the NSW Society for Computers and the Law and a past editor of its journal. He has over 15 years of experience in Technology and Telecommunications law and has a special interest in open Available online at: http://www.ifosslr.org Policies and bibliographic information Copyright and licensing statement site (http://www.ifosslr.org ). Submissions are welcome from all, and your business. Authors are strongly IFOSS L. Rev. is committed to the improvement of encouraged to read the style and content guidelines understanding of legal issues in digital society. A licensing available on the web site. The review operates an statement is therefore attached to each article, clearly anonymous peer review system for articles as appropriate, outlining the particular terms which apply to the article. and expects all authors to meet the highest standards of Most use Creative Commons licences with special scholarship and integrity. exceptions for translations. Bibliographic information Graphic design The authors explicitly encourage libraries, archives and The Editorial Committee wishes to thank Tomasz Politański educational institutions to hold copies of IFOSS L. Rev. in Design for its logo and associated graphic design work. their collections, in electronic and/or printed form. All users http://tomaszpolitanski.com are advised that articles may occasionally be updated after publication. Linking back to original copies on the IFOSSL. Rev. web site, where authoritative versions are archived, is Publisher & sponsorship strongly recommended. Please contact the Editorial IFOSS L. Rev. is published by its Editorial Committee, with Coordinators for further information on best practices. It financial and administrative assistance from NLnet participates in the CrossRef system. Foundation and Mozilla Foundation. Please note that ISSN: 1877-6922 neither NLnet Foundation nor Mozilla Foundation accept correspondence on behalf of this publication. All correspondence should be directed to the Editorial Publication schedule Committee via email (see below). IFOSS L. Rev. is published biannually. Submissions for publica-tion are welcome at any time, but publication Editorial policies deadlines exist for each issue. For the latest information on papers sought and deadlines for submission, please IFOSS L. Rev. accepts articles for publication from qualified consult the IFOSS L. Rev. website or contact the Editorial personnel based on the criteria available to view on its web Coordinators at ( [email protected] ) Editorial 1 Editorial Daniel M. German,a (a) Associate Professor, Computer Science, University of Victoria, editor of this
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