DOCSLIB.ORG

Richard Stallman Idea in 1983 Legal Help 1985 GPL V1 1988 GPL V2 1991 GPL V3 2007 Analysis and Foresight

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Richard Stallman Idea in 1983 Legal Help 1985 GPL V1 1988 GPL V2 1991 GPL V3 2007 Analysis and Foresight © Copyright Andy Pepperdine 2006 - 2010 The text is mine and can be used under a Creative Commons license – Sharealike 2.5 http://creativecommons.org/licenses/by-sa/2.5/ You may use and modify, but only if you release modifications under the same license. Sources of pictures are attributed in the notes with each slide. 2010-04-22 U3A in Bath - FOSS group What will you do when Microsoft no longer supports Windows XP? XP Home mainstream supported ended 14 April 2009 Extended support to 2014 2010-04-22 U3A in Bath - FOSS group Have you read the End User License Agreement (EULA)? Do you know what it means? 2010-04-22 U3A in Bath - FOSS group Are you paying to keep viruses out of your system? 2010-04-22 U3A in Bath - FOSS group Are you afraid of strange e-mails? 2010-04-22 U3A in Bath - FOSS group Will you still be able to print your photos and letters in 10 years time? 20 years? Will your children / grandchildren / historians have access to them in 50 years time? 100 years? 2010-04-22 U3A in Bath - FOSS group Who owns the keys to your filing cabinet? Do you know what DRM is? 2010-04-22 U3A in Bath - FOSS group Can you afford the next upgrade of your PC? 2010-04-22 U3A in Bath - FOSS group Free and Open Source Software Andy Pepperdine - U3A Mike Godfrey - U3A This presentation has been created using entirely free software (OpenOffice running on Ubuntu Linux, with Firefox to download data from various internet sites) 2010-04-22 U3A in Bath - FOSS group Questions you might have What is FOSS? Free and Open Source Software How can it be free? Why should I use it? What is available? Where can I get it? How do I get support and help? 2010-04-22 U3A in Bath - FOSS group What is FOSS? Brief history of software Licensing software History of FOSS Software market Where is FOSS used now? Formats and proprietary licenses 2010-04-22 U3A in Bath - FOSS group The Bombe, Bletchley Park PDP-15 in the Atlas Laborartory Leo IBM 360 Lyons series Electronic Office 2010-04-22 U3A in Bath - FOSS group History of Software First users wrote their own programs Hardware expensive relative to programmers Commercial software available for major uses Consultants appeared to customise it Personal computers appeared on the scene with software already loaded “Off-the shelf” shrink-wrapped software common But does only the job it was designed for Open source allows customisation 2010-04-22 U3A in Bath - FOSS group Licensing Read the EULA Microsoft removes ALL your rights beyond rental of a use on their terms Commercial cross-licensing is creating major legal battles and keeping the small firms out BSA audits require invoices FOSS “copyleft” license allows access to source for you to do what you want to do 2010-04-22 U3A in Bath - FOSS group Eben Moglen Legal analysis and license development Richard Stallman Idea in 1983 Legal help 1985 GPL v1 1988 GPL v2 1991 GPL v3 2007 Analysis and foresight 2010-04-22 U3A in Bath - FOSS group History of FOSS - 1 1960s: Hardware vendors and users supply software. Many s/w journals with algorithms. 1970s: Move to consultants and external suppliers. More professional and secretive. Opens commercial interest in software. Staff at the AI lab at MIT broke off to join Symbolics and took the code with them Richard Stallman found he no longer had access to code that he wrote himself. 2010-04-22 U3A in Bath - FOSS group History of FOSS - 2 1983: Richard Stallman announced a new method of releasing software. Got legal help from 1985 1988: First General Public License Separation of copyright and ownership issues Determined to keep what he had written in the commons 1991: Linus Torvalds writes Linux kernel and uses the General Public License, version 2 2010-04-22 U3A in Bath - FOSS group Linus Torvalds Jan 1991 Bought a PC on borrowed money as a student in Helsinki March 1991 Announced intention to write an operating system kernel August 1991 Released first version under GPL v2 Stallman’s work gave him the tools Saw the way to manage global teams 2010-04-22 U3A in Bath - FOSS group Why do they do it? FUN! “Just for Fun” - title of Torvalds’ autobiography Make something that does what I want Customisation. Security. Quality. Gather work from many others GPL insists that derivatives are returned to the commons, so others’ work is yours to use, too Reputation Looks good on a CV and commands higher salary 2010-04-22 U3A in Bath - FOSS group How many now? Sourceforge is a repository of many of the programs released under free and open source style licenses In 2006, there were 120,000 projects listed In Feb 2009, there were 230,000 In 2006, there were more than 1.3M developers registered, and in 2009 more than 2M. The “geek” sites are visited by > 34M unique visitors per month 2010-04-22 U3A in Bath - FOSS group Software Market Divided into three roughly equal parts, by dollars spent in them In increasing contribution to and benefit from FOSS, they are: ● Commercial, shrink-wrapped packages ● Consultants making bespoke systems ● In-house IT support Trying internet service model (Google office and the Cloud) 2010-04-22 U3A in Bath - FOSS group Who uses FOSS now? Most of the Internet servers use Apache 2010-04-22 U3A in Bath - FOSS group Internet Servers and Hosts Source: http://news.netcraft.com/ taken 19 April 2010 2010-04-22 U3A in Bath - FOSS group Developer April 2010 Percent Change over March Apache 110,752,854 53.93 -0.62 Microsoft 51,284,570 24.97 +0.50 Google 13,749,829 6.70 -0.37 nginx 12,977,486 6.32 +0.19 lighttpd 1,078,403 0.53 -0.28 Source: http://news.netcraft.com/ taken 19 April 2010 2010-04-22 U3A in Bath - FOSS group The Internet runs on free software Almost all of the e-mail worldwide is distributed using sendmail or postfix somewhere en route PHP, Python and Perl drive almost all of the scripting on Internet servers MySQL drives a lot of the databases behind the information you receive when surfing Google, because it’s adaptable Standards have made everyone work together 2010-04-22 U3A in Bath - FOSS group Any personal users? YES! ~ 12M users of Ubuntu Linux (~ 9% of top 50 distributions – very long tail) > 40M download total & > 100K downloads per week for OpenOffice in 2005. But most Linux distros include it ~30% of web surfers use Firefox browser ~ 92M downloads upto Sep 2009 for e-mail program Thunderbird 2010-04-22 U3A in Bath - FOSS group Why should I use FOSS? Safety – it sharply reduces risks of malware Who can modify your system? Licensing and legality Upgrade costs when systems become unsupported Future accessibility of files - Open standards FREEDOM – to use, to develop and no lock-in 2010-04-22 U3A in Bath - FOSS group Malware Viruses, spyware and worms intend to take over your machine Arrive by e-mail, or access to a malicious website Then they load rootkits or zombies HTML in e-mail allows loading of malware without your knowing – just looking can infect Unprotected Windows in a “honeypot” infected in < 10 minutes. But now improved. 2010-04-22 U3A in Bath - FOSS group Users and Administrators MS Windows XP set users up as administrators by default – MS is learning with Windows 7 People do not reset permissions, and often do not know how to Linux has this locked down – separate users and passwords must be used to do administrative work Separation reduces effects of errors and malice 2010-04-22 U3A in Bath - FOSS group Licenses – EULA Commercial licenses are very restrictive Permission to use, but not copy Some can be terminated at the will of the licensor Even honest people can be caught out 2010-04-22 U3A in Bath - FOSS group Licenses – FOSS FOSS licenses are easy – download and use on as many machines as you like FOSS can be modified by the user Only restrictions are on distribution 2010-04-22 U3A in Bath - FOSS group Costs of Upgrading Commercial software vendors can force upgrading by removing support from earlier versions Newer versions of Windows / MS Office can render older documents unusable FOSS releases “early and often”, but maintains compatibility – get a new one only if you need it Source means you can safeguard yourself if support is withdrawn – no need for escrow 2010-04-22 U3A in Bath - FOSS group Formats A format is a description of the structure of a file, record, CD, tape, document. They are used to allow programs to be written that can interpret the content of the file etc. correctly. They are purely conventions, and may be elevated to international standards. Software developers need access to the definitions. 2010-04-22 U3A in Bath - FOSS group Format examples 01000110 is the letter F in ASCII 11000011 10100101 is the letter å in UTF-8 .doc represents a Microsoft document .odp is a presentation in ISO/IEC 26300:2006 Audio CD VHS / Betamax videotapes 2010-04-22 U3A in Bath - FOSS group Archiving Are you relying on Microsoft to exist in perpetuity? What format should the National Archives use? How should standards be defined? For whose benefit? Should MS receive a “tax” whenever a member of the public wishes to see a government paper? 2010-04-22 U3A in Bath - FOSS group FREEDOM No vendor lock-in Access to the source means you can change it yourself to get what you want Plenty of expertise around for hire Distribute it as far and as wide as you wish Know what is saved with your data Software is visible, so can be examined by many eyeballs – e.g.
Load more

Recommended publications
  • How to Utilize Open Source Software in the Commercial Environment
    Janne Hemilä HOW TO UTILIZE OPEN SOURCE SOFTWARE IN THE COMMERCIAL ENVIRONMENT Aalto School of Science Instructor and supervisor: Professor Ilkka Kauranen HOW$TO$UTILIZE$OPEN$SOURCE$SOFTWARE$IN$THE$COMMERCIAL$ENVIRONMENT$ 2! Abstract AALTO UNIVERSITY ABSTRACT OF THE MASTER’S THESIS SCHOOL OF SCIENCE PO Box 12100, FI-00076 AALTO http://www.aalto.fi AUTHOR: Janne Hemilä TITLE: How to utilize open source software in the commercial environment SCHOOL: School of Science DEPARTMENT: Department of industrial engineering and management PROFESSORSHIP: Strategic management CODE: TU-91 SUPERVISOR: Professor Ilkka Kauranen INSTRUCTOR: Professor Ilkka Kauranen My experience working with open source software exposed a lack of comprehensive, easily graspable, introductory articles suitable for non-technical readers. The objective of this study is to provide the reader with a comprehensive understanding on how to utilize open source software in a commercial environment. Through a literature review this study identifies common patterns among open source projects and related companies. Patterns have been organized into four identified domains: legal, social, technological and business. Real life examples of the patterns are provided to assist understanding. In conclusion, this thesis argues that open source can be utilized to build successful commercial operations. Open source can be used to improve software development, software quality, to gain feedback, to expand the user base, to influence the direction of technological progress and to benefit from
    [Show full text]
  • Open Source, Open Standards: Maximizing Utility While Managing Exposure
    CONFERENCE SUMMARY AND ANALYSIS OPEN SOURCE, OPEN STANDARDS: MAXIMIZING UTILITY WHILE MANAGING EXPOSURE SEPTEMBER 12-14, 2004 SCOTTSDALE, AZ Prepared by: Sherrie Bolin President & CEO The Bolin Group Phone 831.336.9964 [email protected] © 2004 The Bolin Group. All Rights Reserved. Table of Contents Executive Summary ........................................................................................................................3 Introduction.....................................................................................................................................5 Open Source Challenges and Solutions.........................................................................................6 Intellectual Property Issues ......................................................................................................7 Support and Integration Risks ...............................................................................................11 Implications for Open Source Adoption ......................................................................................12 Open Source/Open Standards Partnership..................................................................................13 Value of Open Standards........................................................................................................13 Linking the Two Communities...............................................................................................14 A Call to Action.............................................................................................................................16
    [Show full text]
  • Cultivating Creative Commons: from Creative Regulation to Regulatory Commons
    Cultivating Creative Commons: From Creative Regulation to Regulatory Commons Prodromos Tsiavos Department of Management Information Systems and Innovation Group London School of Economics and Political Science Thesis submitted for the degree of Doctor of Philosophy October 2007 1 Declaration The research presented in this thesis was conducted by Prodromos Tsiavos. This work is licensed under the Creative Commons Attribution 2.0 UK: England & Wales License. To view a copy of this licence, visit http://creativecommons.org/licenses/by/2.0/uk/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California 94105, USA. 2 Cultivating Creative Commons: From Creative Regulation to Regulatory Commons Abstract This thesis explores and explains the development of the Creative Commons (CC) as an alternative to mainstream copyright protection. It argues that the distinctive characteristics of CC as a license based, configurable form of meta–regulation can be explained by consideration of the disciplinary background of the movement’s founder (Lawrence Lessig) and as a consequence of the particular mode of development it undertook (e–mail discussions as commonly used in the arena of software development rather than traditional legal discussions) as well as the influence of a variety of pre- existing regulatory forms. The second part of the research reviews the inputs from multiple existing regulatory structures such as the Free Software Foundation and the Open Content movement, and de-constructs the process by which the CC is developed in practice. The thesis analyzes the trajectory of CC from a licensing project to a political project, the structural elements of the CC licences and the decision making process of their creation and development.
    [Show full text]
  • A Study of the Application of Free and Open Source Software Licensing Ideas to Art and Cultural Production
    Sandbox Culture A Study of the Application of Free and Open Source Software Licensing Ideas to Art and Cultural Production Aymeric Mansoux Supervisor: Matthew Fuller Thesis presented for the degree of Doctor of Philosophy Centre for Cultural Studies, Goldsmiths, University of London, February 2017 I, Aymeric Mansoux, confirm that the work presented in this thesis ismy own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis. Date: February 19, 2017 Signed: Abstract In partial response to the inability of intellectual property laws to adapt to data-sharing over computer networks, several initiatives have proposed techno-legal alternatives to encourage the free circulation and transfor- mation of digital works. These alternatives have shaped part of contem- porary digital culture for more than three decades and are today often associated with the “free culture” movement. The different strands of this movement are essentially derived from a narrower concept of soft- ware freedom developed in the nineteen-eighties, and which is enforced within free and open source software communities. This principle was the first significant effort to articulate a reusable techno-legal template to work around the limitations of intellectual property laws. It also of- fered a vision of network culture where community participation and sharing was structural. From alternate tools and workflow systems, artist-run servers, net- work publishing experiments, open data and design lobbies, cooperative and collaborative frameworks, but also novel copyright licensing used by both non-profit organisations and for-profit corporations, the impact on cultural production of practices developed in relation to the ideas of iii free and open source software has been both influential and broadly ap- plied.
    [Show full text]
  • Harvard Journal of Law & Technology Jason Schultz and Jennifer M
    HarvardJournal of Law & Technology Volume 26, Number 1 Fall 2012 PROTECTING OPEN INNOVATION: THE DEFENSIVE PATENT LICENSE AS A NEW APPROACH TO PATENT THREATS, TRANSACTION COSTS, AND TACTICAL DISARMAMENT Jason Schultz and Jennifer M. Urban* TABLE OF CONTENTS I. INTRODUCTION....................2..... ................. 2 II. OPEN INNOVATION PATENTING: BENEFITS AND BARRIERS............. 6 A. The Costs and Benefits of Defensive Patenting..............6 B. The Cultural and Political Barriers to OIC Patenting..........10 C. The Reliability of OIC Patenting Promises.................. 14 III. A FRAMEWORK FOR EVALUATING OIC PATENT STRATEGIES.............................................15 A. Drawing FoundationalPrinciples from the OIC Literature and Practice. ................... ......... 16 1. OIC Theories, Values, and Practices ......... ........... 16 2. Principles Derived from OIC Theory, Values, and Practices........................................21 A. Principle One. Commitment to Freedom................ 21 i. Freedom to Operate and Freedom to Innovate.......... 21 B. Principle Two. Commitment to Openness............. 22 i. Access to Knowledge........................... 22 ii. Transparentand Non-DiscriminatoryLegal Terms and Enforcement Conditions.............. 23 iii. Interoperabilityand Technology Neutrality............ 23 C. Principle Three. Distributed Costs and Benefits........... 24 D. Principle Four. Reliability. ........... ................. 25 * Jason Schultz and Jennifer M. Urban are Assistant Clinical Professors of Law at the UC
    [Show full text]
  • Open Invention Network: a Defensive Patent Pool for Open Source Projects and Businesses Deborah Nicholson
    Technology Innovation Management Review January 2012 Open Invention Network: A Defensive Patent Pool for Open Source Projects and Businesses Deborah Nicholson I think it is important to realize that technology defined “ as practice shows us the deep cultural link of technology, ” and it saves us from thinking that technology is the icing on the cake. Technology is part of the cake itself. Ursula Franklin The Real World of Technology This article explores how patents impact innovation within free/libre open source soft- ware (F/LOSS) businesses and projects. The number of software patent suits brought each year is increasing and is diverting millions of dollars in funds from developers to lawyers. With patent suits on the rise, the US Supreme Court has left the F/LOSS community in a position where it must either wait years for legislation or address the issue of patent suits itself. However, defending the Linux kernel and related technologies is a different chal- lenge than the one that faces proprietary software businesses. This article describes Open Invention Network, an initiative that is designed to meet the particular challenges facing the F/LOSS community and businesses by providing a defensive patent pool. Introduction jects and businesses. Finally, we discuss Open Inven- tion Network (OIN), a defensive patent pool established The threat of software patent suits impacts standards, to help Linux-based projects and businesses defeat or dictates what software becomes part of GNU/Linux deflect the threat of litigation. distributions, creates extra work, and makes the end- user's experience less than ideal, as will be shown in Software Patents in the United States this article.
    [Show full text]
  • High Barratry Computers, Topical D(C Capo 2) 2:45 High Barratry Lyrics C 2004 Stephen Savitzky
    HyperRpace ExpreRR βroadRide! High Barratry computers, topical D(C capo 2) 2:45 High Barratry Lyrics c 2004 Stephen Savitzky. Some Rights Reserved1. ttto: High Barbary (trad) This really needs an introduction that mentions both The SCO Group, originally a Linux distributor called Caldera that changed their name when they got delusions of grandure and started suing their customers over bogus IP claims, and barratry, which is what they were doing. C G F G Of a company called S-C-O, the tale I’ll briefly tell C G F G With G-P-L, our software all is free G C F C G C F Who turned their hands to barratry when software wouldn’t sell G C G F C G C Sailing through the legal straits of High Barratry “And are you selling Linux or old Unixware?” said we With GPL, our software all is free We’re the owners of all Unix come demanding of our fee! Sailing through the legal straits of High Barratry You’ve stolen code from System V and given it away With GPL, our software all is free So buy licences for Linux, or we’ll sue and make you pay Sailing through the legal straits of High Barratry They first sued IBM over a million lines of code With GPL, our software all is free Though a subroutine or two from BSD was all they showed Sailing through the legal straits of High Barratry Well, RedHat sued them next so they went gunning for Novell With GPL, our software all is free Autozone and Daimler-Chrysler soon were on their list as well Sailing through the legal straits of High Barratry Then lawsuit and lawsuit we fought for many a day With GPL, our software all
    [Show full text]
  • The Pursuit of Efficient Copyright Licensing How Some Rights Reserved Attempts to Solve the Problems of All Rights Reserved
    Herkko Hietanen The Pursuit of Efficient Copyright Licensing How Some Rights Reserved Attempts to Solve the Problems of All Rights Reserved Thesis for the degree of Doctor of Science (Economics and Business Adminis- tration) to be presented with due permission for the public examination and criticism in the Auditorium of the Student Union House at Lappeenranta University of Technology, Lappeenranta, Finland, on the 9th of December, 2008 at noon. Acta Universitatis Lappeenrantaensis 325 Supervisor Professor Jukka Kemppinen Department of Business Administration Lappeenranta University of Technology Finland Reviewers Professor Brian Fitzgerald Professor of Intellectual Property and Innovation Law Faculty Queensland University of Technology Australia Professor Raimo Siltala Faculty of Law University of Turku Finland Opponent Professor Brian Fitzgerald Professor of Intellectual Property and Innovation Law Faculty Queensland University of Technology Australia Copyright © 2008 Herkko Hietanen This text of this book is licensed under the terms of Creative Commons Attribution- NonCommercial-NoDerivs 3.0 Fi –license. The license is available at http://creativecommons.org/licenses/by-nc-nd/3.0/fi. Accordingly, you are free to copy, distribute, display, and perform the work under the following conditions: (1) you must give the original author credit, (2) you may not use this work for commercial purposes, and (3) you may not alter, transform, or build upon this work. ISBN 978-952-214-655-7 ISSN 1456-4491 Lappeenrannan teknillinen yliopisto Digipaino 2008 Abstract Herkko Hietanen The Pursuit of Efficient Copyright Licensing – How Some Rights Reserved Attempts to Solve the Problems of All Rights Reserved Lappeenranta 2008 311 pages Acta Universitatis Lappeenrantaensis 325 Diss.
    [Show full text]
  • Conference Proceedings of JITP 2010: the Politics of Open Source
    University of Massachusetts Amherst ScholarWorks@UMass Amherst The ourJ nal of Information Technology and Politics The oP litics of Open Source Annual Conference 2010 Conference Proceedings of JITP 2010: The olitP ics of Open Source Follow this and additional works at: https://scholarworks.umass.edu/jitpc2010 Part of the Library and Information Science Commons "Conference Proceedings of JITP 2010: The oP litics of Open Source" (2010). The Politics of Open Source. 1. Retrieved from https://scholarworks.umass.edu/jitpc2010/1 This Article is brought to you for free and open access by the The ourJ nal of Information Technology and Politics Annual Conference at ScholarWorks@UMass Amherst. It has been accepted for inclusion in The oP litics of Open Source by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. 2nd Annual Journal of Information Technology & Politics Thematic Conference “Politics of Open Source” University of Massachusetts Amherst Amherst, MA May 6 – 7, 2010 Conference Chairs Stuart W. Shulman University of Massachusetts Amherst Charles M. Schweik University of Massachusetts Amherst Sponsors Microsoft Google Department of Political Science Department of Computer Science Texifter Open Source Software Institute Qualitative Data Analysis Program Center for Public Policy and Administration National Center for Digital Government Journal of Information Technology & Politics Conference website http://politicsofopensource.jitp.net/ Copyright Politics of Open Source
    [Show full text]
  • High Barratry
    D(C capo 2) 2:45 High Barratry Lyrics c 2004 Stephen Savitzky. Some Rights Reserved1. ttto: High Barbary (trad) This really needs an introduction that mentions both The SCO Group, originally a Linux distributor called Caldera that changed their name when they got delusions of grandure and started suing their customers over bogus IP claims, and barratry, which is what they were doing. C G F G Of a company called S-C-O, the tale I’ll briefly tell C G F G With G-P-L, our software all is free G C F C G C F Who turned their hands to barratry when software wouldn’t sell G C G F C G C Sailing through the legal straits of High Barratry “And are you selling Linux or old Unixware?” said we With GPL, our software all is free We’re the owners of all Unix come demanding of our fee! Sailing through the legal straits of High Barratry You’ve stolen code from System V and given it away With GPL, our software all is free So buy licences for Linux, or we’ll sue and make you pay Sailing through the legal straits of High Barratry They first sued IBM over a million lines of code With GPL, our software all is free Though a subroutine or two from BSD was all they showed Sailing through the legal straits of High Barratry Well, RedHat sued them next so they went gunning for Novell With GPL, our software all is free Autozone and Daimler-Chrysler soon were on their list as well Sailing through the legal straits of High Barratry Then lawsuit and lawsuit we fought for many a day With GPL, our software all is free ’Till the research done at Groklaw2 blew their cases
    [Show full text]
  • Groklaw Shuts Down Award-Winning, Software Freedom-Defending Legal Site to Close Over Privacy Fears
    This ISSUE: Ubuntu Edge War games GPL violation Android arguments BIG BROTHER Groklaw shuts down Award-winning, software freedom-defending legal site to close over privacy fears. roklaw, the legal site set up to US out or to the US in, but really fight the protracted SCO vs anywhere. You don’t expect a stranger GIBM case (see boxout, below) to read your private communications to has folded after 10 years of award- a friend. And once you know they can, winning campaigning journalism. The what is there to say? Constricted and site’s founder, Pamela Jones, cited fears distracted … That’s how I feel.” that she would not be able to protect the identity of sources in the light of Thanks for all the fishes recent revelations over email security. Jones, a paralegal by training, set up Writing in the site’s last post, Jones Groklaw to bridge the gap in said: “The owner of Lavabit tells us that understanding between the worlds of he’s stopped using email and if we knew the programmer and the courtroom. what he knew, we’d stop too. There is no Although it was originally intended to way to do Groklaw without email. provide clarity over the SCO vs IBM legal Therein lies the conundrum. fight, Groklaw also helped other legal “I hope that makes it clear why I cases with implications for free software, can’t continue. There is now no shield including Oracle vs Google, Microsoft vs Groklaw spoke rather than comply with a demand that from forced exposure. Nothing in that Motorola and Apple vs just about truth to power, it be given access to its users’ email parenthetical thought list is terrorism- everyone in the world.
    [Show full text]
  • Volume 38, Number 4 Page 437 Fall 2010
    AIPLA QUARTERLY JOURNAL Volume 38, Number 4 Page 437 Fall 2010 WHAT CAN DECISIONS BY EUROPEAN COURTS TEACH US ABOUT THE FUTURE OF OPEN-SOURCE LITIGATION IN THE UNITED STATES Jennifer Buchanan O’Neill & Christopher J. Gaspar* I. INTRODUCTION ................................................................................................ 438 II. CORPORATE AMERICA MEETS OPEN-SOURCE ................................................ 440 III. IT ALL STARTED WITH A 25-YEAR-OLD GERMAN DEVELOPER . ............. 444 IV. A FRENCH APPELLATE COURT ENFORCES THE GPL IN FAVOR OF A SOFTWARE RECIPIENT ...................................................................................... 450 V. COMING TO AMERICA...................................................................................... 453 VI. FULL STEAM AHEAD AT THE FEDERAL CIRCUIT ............................................. 459 VII. RECENT ENFORCEMENT ACTIONS IN U.S. COURTS CONTINUE TO FOLLOW PATTERNS FORMED IN EUROPEAN COURTS .................................................... 465 VIII. CONCLUSION ................................................................................................... 468 * © 2010 Jennifer Buchanan O’Neill & Christopher J. Gaspar. Jennifer Buchanan O’Neill (Jennifer.O’[email protected]) is the Senior Vice President and General Counsel at The Nielsen Company. Christopher J. Gaspar ([email protected]) is a partner in the New York office of Milbank, Tweed, Hadley & McCloy LLP, where he advises on all aspects of intellectual property litigation and transactions.
    [Show full text]