A Case for the Public Domain
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How Open Source Is Changing IP Risk in the Soft Ware Supply Chain
A New Wave of IP Risks: How Open Source is Changing IP Risk in the Software Supply Chain Table of Contents Introduction . 3 Brief Overview of Open Source and Where It Stands Today . 3 The Interplay Between Open Source and IP Risk: . 5 Understanding the Challenges Specific IP Risks in the Open Source Software Supply Chain . 7 Copyright Infringement . 7 Reputation . 9 Exposing IP Secrets . 10 Impacts on the Partner/Customer Relationship . 11 Patent Infringement . 12 Looking Ahead: The Future of Open Source Litigation . 13 Conclusion . 14 I. Introduction Open source software has been integrated into nearly is a testament to the success of open source, it also gives every industry and sector today . According to a 2016 rise to unique challenges for businesses, particularly in survey, approximately 90% of today’s organizations report the area of intellectual property . If a company cannot using open source software .1 That percentage has almost even find all of its open source code or identify its open certainly grown since . One likely reason for open source’s source dependencies, they are also likely unable to boom in popularity is the distinct cost savings it gives ensure that they are remaining compliant with open companies who use it .2 The use of open source software is source licenses and protecting themselves from business now so widespread that many companies are unaware of or reputational risk . how and where it is used, and would be unable to identify all their open source code if asked to do so . In this paper, we will examine the most common IP risks that arise from the use of open source software today, As Mark Radcliffe, a partner in the Silicon Valley office of including copyright infringement, patent infringement, DLA Piper specializing in IP and open source, explains, reputational risk, exposure of IP secrets, and the impact on “virtually all software now has a large number of open the partner/customer relationship . -
Volume 30 Spring 2014
SYRACUSE JOURNAL OF SCIENCE & TECHNOLOGY LAW VOLUME 30 SPRING 2014 TABLE OF CONTENTS Mass Copyright Infringement Litigation: Of Trolls, Pornography, Settlement and Joinder Christopher Civil………………………………………………………………………………...2 Notice and Manifestation of Assent to Browse-Wrap Agreements in the Age of Evolving Crawlers, Bots, Spiders and Scrapers: How Courts Are Tethered to Their Application of Register and Cairo and Why Congress Should Mandate Use of the Robots Exclusion Standard to Prevent Circumvention of Responsibility Michael Laven…………………………………………………………………………………..56 Seeing Red: Christian Louboutin’s Protection of His Trademark Through His Battle with Yves St. Laurent Sachpreet Bains…………………………………………………………………………………73 I Need a Lawyer: Establishing Statewide New York Communication Access Fund to Secure Legal Accessibility to Deaf and Hard of Hearing Clients Through Video Remote Interpreting Services in Compliance with the Americans with Disabilities Act YooNa Lim………………………………………………………………………………………99 Can You Hear Me Now? Spectrum is Shaping the Telecommunication Industry in an Increasingly Connected America James Zino……………………………………………………………………………………..131 Review of “I Know What You’re Thinking: Brain Imaging and Mental Privacy” Edited by: Sarah Richmond, Geraint Rees, and Sarah J.L. Edwards Jenna Furman…………………………………………………………………………………160 SYRACUSE JOURNAL OF SCIENCE & TECHNOLOGY LAW VOLUME 30 SPRING 2014 2013-2014 EDITORIAL STAFF EDITOR-IN-CHIEF Brittany Jones MANAGING EDITOR Tanjeev Thandi LEAD ARTICLE EDITORS FORM & ACCURACY EDITORS Alessandra -
Objective Assessment of Cerebellar Ataxia: a Comprehensive and Refned Approach Bipasha Kashyap1 ✉ , Dung Phan1, Pubudu N
www.nature.com/scientificreports OPEN Objective Assessment of Cerebellar Ataxia: A Comprehensive and Refned Approach Bipasha Kashyap1 ✉ , Dung Phan1, Pubudu N. Pathirana1, Malcolm Horne2, Laura Power3 & David Szmulewicz2,3,4 Parametric analysis of Cerebellar Ataxia (CA) could be of immense value compared to its subjective clinical assessments. This study focuses on a comprehensive scheme for objective assessment of CA through the instrumented versions of 9 commonly used neurological tests in 5 domains- speech, upper limb, lower limb, gait and balance. Twenty-three individuals diagnosed with CA to varying degrees and eleven age-matched healthy controls were recruited. Wearable inertial sensors and Kinect camera were utilised for data acquisition. Binary and multilabel discrimination power and intra-domain relationships of the features extracted from the sensor measures and the clinical scores were compared using Graph Theory, Centrality Measures, Random Forest binary and multilabel classifcation approaches. An optimal subset of 13 most important Principal Component (PC) features were selected for CA- control classifcation. This classifcation model resulted in an impressive performance accuracy of 97% (F1 score = 95.2%) with Holmesian dimensions distributed as 47.7% Stability, 6.3% Timing, 38.75% Accuracy and 7.24% Rhythmicity. Another optimal subset of 11 PC features demonstrated an F1 score of 84.2% in mapping the total 27 PC across 5 domains during CA multilabel discrimination. In both cases, the balance (Romberg) test contributed the most (31.1% and 42% respectively), followed by the peripheral tests whereas gait (Walking) test contributed the least. These fndings paved the way for a better understanding of the feasibility of an instrumented system to assist informed clinical decision- making. -
The Fourth Paradigm
ABOUT THE FOURTH PARADIGM This book presents the first broad look at the rapidly emerging field of data- THE FOUR intensive science, with the goal of influencing the worldwide scientific and com- puting research communities and inspiring the next generation of scientists. Increasingly, scientific breakthroughs will be powered by advanced computing capabilities that help researchers manipulate and explore massive datasets. The speed at which any given scientific discipline advances will depend on how well its researchers collaborate with one another, and with technologists, in areas of eScience such as databases, workflow management, visualization, and cloud- computing technologies. This collection of essays expands on the vision of pio- T neering computer scientist Jim Gray for a new, fourth paradigm of discovery based H PARADIGM on data-intensive science and offers insights into how it can be fully realized. “The impact of Jim Gray’s thinking is continuing to get people to think in a new way about how data and software are redefining what it means to do science.” —Bill GaTES “I often tell people working in eScience that they aren’t in this field because they are visionaries or super-intelligent—it’s because they care about science The and they are alive now. It is about technology changing the world, and science taking advantage of it, to do more and do better.” —RhyS FRANCIS, AUSTRALIAN eRESEARCH INFRASTRUCTURE COUNCIL F OURTH “One of the greatest challenges for 21st-century science is how we respond to this new era of data-intensive -
Monetizing Infringement
University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 2020 Monetizing Infringement Kristelia García University of Colorado Law School Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons, Law and Economics Commons, and the Legislation Commons Citation Information Kristelia García, Monetizing Infringement, 54 U.C. DAVIS L. REV. 265 (2020), available at https://scholar.law.colorado.edu/articles/1308. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. Monetizing Infringement Kristelia García* The deterrence of copyright infringement and the evils of piracy have long been an axiomatic focus of both legislators and scholars. The conventional view is that infringement must be curbed and/or punished in order for copyright to fulfill its purported goals of incentivizing creation and ensuring access to works. This Essay proves this view false by demonstrating that some rightsholders don’t merely tolerate, but actually encourage infringement, both explicitly and implicitly, in a variety of different situations and for one common reason: they benefit from it. -
License Agreement
TAGARNO MOVE, FHD PRESTIGE/TREND/UNO License Agreement Version 2021.08.19 Table of Contents Table of Contents License Agreement ................................................................................................................................................ 4 Open Source & 3rd-party Licenses, MOVE ............................................................................................................ 4 Open Source & 3rd-party Licenses, PRESTIGE/TREND/UNO ................................................................................. 4 atk ...................................................................................................................................................................... 5 base-files ............................................................................................................................................................ 5 base-passwd ...................................................................................................................................................... 5 BSP (Board Support Package) ............................................................................................................................ 5 busybox.............................................................................................................................................................. 5 bzip2 ................................................................................................................................................................. -
Diverted Derived Design
Diverted Derived Design Table of Contents Introduction 0 Motivations 1 Licenses 2 Design (as a) process 3 Distributions 4 Economies 5 Propositions 6 This book 7 Glossary 8 2 Diverted Derived Design Introduction The term open source is becoming popular among product designers. We see websites and initiatives appear with a lot of good intentions but sometimes missing the point and often creating confusion. Design magazines and blogs are always rushing into calling an openly published creation open source but rarely question the licenses or provide schematics or design files to download. We are furniture designers, hackers and artists who have been working with free/libre and open source software for quite some time. For us, applying these prirciples to product design was a natural extension, providing new areas to explore. But we also realized that designers coming to this with no prior open source experience had a lot of information to grasp before getting a clear picture of what could be open source product design. So we set ourselves to mobilize our knowledge in this book. We hope that this tool can be a base for teaching and learning about open source product design; a collective understanding of what one should know today to get started and join the movement; a reference students, amateurs and educators can have in their back pocket when they go out to explain what they are passionate about. How to read this book We have divided this book in sections that make sense for us. Each of these tries to address what we think is a general question you might have about open source product design. -
The (Unfinished) Ballad of Gunslinger/ ©Troll Richard Liebowitz by Steven D
For exclusive use of MLRC members and other parties specifically authorized by MLRC. © 2019 Media Law Resource Center, Inc. Page 8 August 2019 MLRC MediaLawLetter The (Unfinished) Ballad of Gunslinger/ ©Troll Richard Liebowitz By Steven D. Zansberg You are probably already far more familiar than you wish you were with Richard Liebowitz, the notorious copyright plaintiff’s attorney based in Valley Stream, New York. Mr. Liebowitz has gained notoriety (some might say ignominy) for having filed over 1,500 copyright infringement actions across the nation (some 1,100 in S.D.N.Y.), and having been featured in Slate, The Hollywood Reporter, and even has his own Wikipedia page (do you?). For those fortunate few unfamiliar with Mr. Liebowitz, his entrepreneurial spirit follows a well-developed business model: (1) represent photographers who have registered (or soon will register) their original works (now a requirement for instituting copyright infringement actions, and for recovery of statutory damages of up to $150K/violation plus attorneys’ fees); (2) find infringing (non-licensed) uses of those photos online by using a reverse-image search engine like Google Images, Tin Eye, Pixsy, or Berify; (3) demand an exorbitant amount to settle such cases (typically $25K per photo, most of which would command license fees of, at best, in the tens or hundreds of dollars) and then agree to a settlement figure that is a fraction (often less than half) of the initial extortionate demand. You are probably already far more Because it inevitably would cost more than the insurance familiar than you wish you were deductible to defend such a case, the defendants – many of with Richard Liebowitz, the whom are large media companies – make the rational business notorious copyright plaintiff’s attorney. -
Inhibiting Patent Trolling: a New Approach for Applying Rule 11 Eric Rogers Molecular Templates, Inc
Northwestern Journal of Technology and Intellectual Property Volume 12 | Issue 4 Article 2 2014 Inhibiting Patent Trolling: A New Approach for Applying Rule 11 Eric Rogers Molecular Templates, Inc. Young Jeon e-Litecom Co., Ltd. Recommended Citation Eric Rogers and Young Jeon, Inhibiting Patent Trolling: A New Approach for Applying Rule 11, 12 Nw. J. Tech. & Intell. Prop. 291 (2014). https://scholarlycommons.law.northwestern.edu/njtip/vol12/iss4/2 This Article is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Technology and Intellectual Property by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. NORTHWESTERN JOURNAL OF TECHNOLOGY AND INTELLECTUAL PROPERTY Inhibiting Patent Trolling: A New Approach for Applying Rule 11 Eric Rogers & Young Jeon November 2014 VOL. 12, NO. 4 © 2014 by Northwestern University School of Law Northwestern Journal of Technology and Intellectual Property Copyright 2014 by Northwestern University School of Law Volume 12, Number 4 (November 2014) Northwestern Journal of Technology and Intellectual Property Inhibiting Patent Trolling: A New Approach for Applying Rule 11 By Eric Rogers & Young Jeon* There has been an alarming rise in the number of litigious entities—commonly referred to as patent trolls or non-practicing entities—that make no products but file dubious patent infringement lawsuits merely to extract money from commercially productive companies. High litigation costs provide a fertile environment for an exploitive business model that uses shotgun tactics to threaten patent infringement claims against numerous companies, many of which will make a purely financial decision to pay patent trolls rather than expend even more money in litigation. -
Guide to Using Public Domain Tools
Creative Commons makes sharing easy Public domain works are valuable because anyone What is the difference between can freely build upon, enhance, and reuse them for CC0 and the Public Domain Mark? any purposes without restriction under copyright or database law. CC0 (“CC Zero”) is intended for use only That’s why it’s important for creators to have a clear and by authors or holders of copyright and legally robust way to place their works in the public domain as related rights (including database rights), in connection Guide to completely as possible, and it’s also important for publishers with works that are still subject to those rights in one or and archives to have a standardized way to identify works that are already in the public domain. more countries. Creative Commons supports two distinct public domain tools, When CC0 is applied to a work, copyright and related using public rights are relinquished worldwide, making the work free the CC0 Public Domain Dedication and the Public Domain Mark. Creative Commons copyright licenses help authors from those restrictions to the greatest extent possible. manage their copyright on terms they choose. Conversely, CC0 domain tools enables authors and copyright owners who want to dedicate The Public Domain Mark (PDM) is used their works to the worldwide public domain to do so, and PDM to label works that are already free of facilitates the labeling and discovery of works that are already known copyright restrictions. Unlike CC0, PDM doesn’t free of known copyright restrictions. change the copyright status of a work. -
Defense Against the Dark Arts of Copyright Trolling Matthew As G
Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2018 Defense Against the Dark Arts of Copyright Trolling Matthew aS g Jake Haskell Follow this and additional works at: https://lawecommons.luc.edu/facpubs Part of the Civil Procedure Commons, and the Intellectual Property Law Commons Defense Against the Dark Arts of Copyright Trolling Matthew Sag &Jake Haskell * ABSTRACT: In this Article, we offer both a legal and a pragmaticframework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright casesfiled in the United States over the past threeyears. In the typical case, the plaintiffs claims of infringement rely on a poorly substantiatedform pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broaderproblem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet technology. The plaintiffs bringing these cases target hundreds or thousands of defendants nationwide and seek quick settlements pricedjust low enough that it is less expensive for the defendant to pay rather than to defend the claim, regardless of the claim's merits. We report new empirical data on the continued growth of this form of copyright trolling in the United States. We also undertake a detailed analysis of the legal andfactual underpinnings of these cases. Despite theirunderlying weakness, plaintiffs have exploited information asymmetries, the high cost of federal court litigation, and the extravagant threat of statutory damages for copyright infringement to leverage settlementsfrom the guilty and the innocent alike. -
Abstract Counterexample-Based Refinement for Powerset
Abstract Counterexample-based Refinement for Powerset Domains R. Manevich1,†, J. Field2 , T. A. Henzinger3,§, G. Ramalingam4,¶, and M. Sagiv1 1 Tel Aviv University, {rumster,msagiv}@tau.ac.il 2 IBM T.J. Watson Research Center, [email protected] 3 EPFL, [email protected] 4 Microsoft Research India, [email protected] Abstract. Counterexample-guided abstraction refinement (CEGAR) is a powerful technique to scale automatic program analysis techniques to large programs. However, so far it has been used primarily for model checking in the context of predicate abstraction. We formalize CEGAR for general powerset domains. If a spurious abstract counterexample needs to be removed through abstraction refinement, there are often several choices, such as which program location(s) to refine, which ab- stract domain(s) to use at different locations, and which abstract values to compute. We define several plausible preference orderings on abstrac- tion refinements, such as refining as “late” as possible and as “coarse” as possible. We present generic algorithms for finding refinements that are optimal with respect to the different preference orderings. We also compare the different orderings with respect to desirable properties, in- cluding the property if locally optimal refinements compose to a global optimum. Finally, we point out some difficulties with CEGAR for non- powerset domains. 1 Introduction The CEGAR (Counterexample-guided Abstraction Refinement) paradigm [1, 3] has been the subject of a significant body of work in the automatic verification community. The basic idea is as follows. First, we statically analyze a program using a given abstraction. When an error is discovered, the analyzer generates an abstract counterexample, and checks whether the error occurs in the corre- sponding concrete execution path.