Software Wars, Business Strategies and IP Litigation
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Practice Tips for Open Source Licensing Adam Kubelka
Santa Clara High Technology Law Journal Volume 22 | Issue 4 Article 4 2006 No Free Beer - Practice Tips for Open Source Licensing Adam Kubelka Matthew aF wcett Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation Adam Kubelka and Matthew Fawcett, No Free Beer - Practice Tips for Open Source Licensing, 22 Santa Clara High Tech. L.J. 797 (2005). Available at: http://digitalcommons.law.scu.edu/chtlj/vol22/iss4/4 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. ARTICLE NO FREE BEER - PRACTICE TIPS FOR OPEN SOURCE LICENSING Adam Kubelkat Matthew Fawcetttt I. INTRODUCTION Open source software is big business. According to research conducted by Optaros, Inc., and InformationWeek magazine, 87 percent of the 512 companies surveyed use open source software, with companies earning over $1 billion in annual revenue saving an average of $3.3 million by using open source software in 2004.1 Open source is not just staying in computer rooms either-it is increasingly grabbing intellectual property headlines and entering mainstream news on issues like the following: i. A $5 billion dollar legal dispute between SCO Group Inc. (SCO) and International Business Machines Corp. t Adam Kubelka is Corporate Counsel at JDS Uniphase Corporation, where he advises the company on matters related to the commercialization of its products. -
Ubuntu Kung Fu
Prepared exclusively for Alison Tyler Download at Boykma.Com What readers are saying about Ubuntu Kung Fu Ubuntu Kung Fu is excellent. The tips are fun and the hope of discov- ering hidden gems makes it a worthwhile task. John Southern Former editor of Linux Magazine I enjoyed Ubuntu Kung Fu and learned some new things. I would rec- ommend this book—nice tips and a lot of fun to be had. Carthik Sharma Creator of the Ubuntu Blog (http://ubuntu.wordpress.com) Wow! There are some great tips here! I have used Ubuntu since April 2005, starting with version 5.04. I found much in this book to inspire me and to teach me, and it answered lingering questions I didn’t know I had. The book is a good resource that I will gladly recommend to both newcomers and veteran users. Matthew Helmke Administrator, Ubuntu Forums Ubuntu Kung Fu is a fantastic compendium of useful, uncommon Ubuntu knowledge. Eric Hewitt Consultant, LiveLogic, LLC Prepared exclusively for Alison Tyler Download at Boykma.Com Ubuntu Kung Fu Tips, Tricks, Hints, and Hacks Keir Thomas The Pragmatic Bookshelf Raleigh, North Carolina Dallas, Texas Prepared exclusively for Alison Tyler Download at Boykma.Com Many of the designations used by manufacturers and sellers to distinguish their prod- ucts are claimed as trademarks. Where those designations appear in this book, and The Pragmatic Programmers, LLC was aware of a trademark claim, the designations have been printed in initial capital letters or in all capitals. The Pragmatic Starter Kit, The Pragmatic Programmer, Pragmatic Programming, Pragmatic Bookshelf and the linking g device are trademarks of The Pragmatic Programmers, LLC. -
Open Source Projects As Incubators of Innovation
RESEARCH CONTRIBUTIONS TO ORGANIZATIONAL SOCIOLOGY AND INNOVATION STUDIES / STUTTGARTER BEITRÄGE ZUR ORGANISATIONS- UND INNOVATIONSSOZIOLOGIE SOI Discussion Paper 2017-03 Open Source Projects as Incubators of Innovation From Niche Phenomenon to Integral Part of the Software Industry Jan-Felix Schrape Institute for Social Sciences Organizational Sociology and Innovation Studies Jan-Felix Schrape Open Source Projects as Incubators of Innovation. From Niche Phenomenon to Integral Part of the Software Industry. SOI Discussion Paper 2017-03 University of Stuttgart Institute for Social Sciences Department of Organizational Sociology and Innovation Studies Seidenstr. 36 D-70174 Stuttgart Editor Prof. Dr. Ulrich Dolata Tel.: +49 711 / 685-81001 [email protected] Managing Editor Dr. Jan-Felix Schrape Tel.: +49 711 / 685-81004 [email protected] Research Contributions to Organizational Sociology and Innovation Studies Discussion Paper 2017-03 (May 2017) ISSN 2191-4990 © 2017 by the author(s) Jan-Felix Schrape is senior researcher at the Department of Organizational Sociology and Innovation Studies, University of Stuttgart (Germany). [email protected] Additional downloads from the Department of Organizational Sociology and Innovation Studies at the Institute for Social Sciences (University of Stuttgart) are filed under: http://www.uni-stuttgart.de/soz/oi/publikationen/ Abstract Over the last 20 years, open source development has become an integral part of the software industry and a key component of the innovation strategies of all major IT providers. Against this backdrop, this paper seeks to develop a systematic overview of open source communities and their socio-economic contexts. I begin with a recon- struction of the genesis of open source software projects and their changing relation- ships to established IT companies. -
03 Ihre-Führungsplattform Immer Dabei
Agenda Mobile Apps Direkt mit ERP verbunden Mobile Solutions AIS ADF Apps für Smartphone/Tablets Demo JDE E1 im iPad Mit OneView Abfrage mit App auf iPad auf Daten von smartphone Android Bring your own device Ihre Führungsplattform topaktuell immer dabei! Die schlanke und umfassende IT-Lösung für den Mittelstand – vom Weltmarktführer © by Full Speed Systems AG 2014 1 © by Full Speed Systems AG 2014 2 Oracle JD Edwards EnterpriseOne Oracle JD Edwards EnterpriseOne Investment. Delivery. Proof All You Need Without The Risk “…we have an extremely satisfied group of JD Edwards customers Database and our intent is to continue to invest in, enhance and improve that product line … and simultaneously giving you a graceful bridge so if Hardware you chose to move to Fusion this year or ten years from now … you have that option. The One Choice Operating System But we’re certainly not going to induce you to move to Fusion by de-investing in JD Edwards. That’s something we’re going to invest in this year, next year, five years from now, ten years from now … that’s Browser a very important and strategic product line for us.” Deployment Options On Premise Larry Ellison – CEO – Oracle Corporation – speaking at Oracle OpenWorld 2012 Private Cloud Hybrid 3 Copyright © 2012, Oracle and/or its affiliates. All rights reserved. 4 Copyright © 2012, Oracle and/or its affiliates. All rights reserved. Oracle JD Edwards Zugriff auf meine Geschäftsdaten All You Need Without The Risk Type Browser App für JDE AIS Mobile ADF Mobile E1 Enterprise Apps Apps iPad Safari x x x The One Innovative iPhone Safari x x Android Tablet Chrome, angekündigt x x Firefox Android Chrome, x x smartphone Firefox 5 Copyright © 2012, Oracle and/or its affiliates. -
Governance: Funding Members
Enabling freedom of action in open source technologies for the world’s largest patent non-aggression community. ABOUT: WHAT WE DO: Established in 2005, Open Invention Network (OIN) is the world’s ❖ Deliver royalty-free access to the Linux System patents largest patent non-aggression community and free defensive of our community members through cross- licensing patent pool. commitments ❖ Manage over 1,300 OIN patents and applications, licensed We remove patent friction in core open source technologies, FREE-of- charge to all our members which drives higher levels of innovation. Open Source Software Leverage our relationships to collect and share prior art (OSS) distills the collective intelligence of a global community. ❖ when needed MISSION: ❖ Challenge patent applications as appropriate We enable freedom of action for Open Invention Network ❖ Provide collective intelligence from a global community community members and users of Linux/OSS-based ❖ Support our members and those under attack from patent technology through our patent non-aggression cross- license in aggressors the Linux System, which defines the commitment. BY THE NUMBERS: We will continue to grow our worldwide membership and the ❖ OIN is 3,300 worldwide members strong and includes Linux System over time, thereby strengthening our patent non- start-ups to Fortune 100 corporations. aggression coverage through the power of the network effect. ❖ Members gain access to a cross-licensee pool of patents - in total, the OIN community owns more than 2 million VISION: patents and applications. We will execute our mission by growing our patent non- ❖ Our patent portfolio includes approximately 1,300 global aggression community and engaging with companies of all patents and applications with broad scope. -
Elinux Status
Status of Embedded Linux Embedded Linux Community Update December 2019 Tim Bird Sr. Staff Software Engineer, Sony Electronics Architecture Group Chair, Core Embedded Linux Project 1 110/23/2014 PA1 Confidential Nature of this talk… • Quick overview of lots of embedded topics • A springboard for further research • If you see something interesting, you have a link or something to search for • Not comprehensive! • Just stuff that I saw 2 210/23/2014 PA1 Confidential Outline Operating Systems Linux Kernel Technology Areas Conferences Industry News Resources 3 310/23/2014 PA1 Confidential Outline Operating Systems Linux Kernel Technology Areas Conferences Industry News Resources 4 410/23/2014 PA1 Confidential Operating Systems • NuttX • Zephyr • Android • Linux 510/23/2014 PA1 Confidential NuttX • NuttX continues to grow in support • SMP • WiFi • I saw a demo of NuttX on SiFive RiscV processor this week. • More companies are using it • Sony using on SPRESENCE board • With supporting code already upstream! 610/23/2014 PA1 Confidential NuttX events • Had a meetup in October • NuttX workshop • In Lyon, France, October 31 • Also, some NuttX content at ELCE • NuttX for Linux developers – Masayuki Ishikawa • More NuttX conferences in 2020 • In Japan! • January meetup at Sony Headquarters • NuttX International Conference – May 13-15 • Sponsored by Sony, in Tokyo 710/23/2014 PA1 Confidential Zephyr • Support for AMP and SMP • See ELCE talk: “Multicore Application Development with Zephyr RTOS” by Alexey Brodkin • https://elinux.org/images/e/e5/Multi- -
60 External USB Hard Drive KNOW-HOW 60
KNOW-HOW Ask Klaus! ASK KLAUS! during unmounting, and lost data results I edit an existing script that already on a frequent basis when I disconnect comes with Fedora 7 (as used by the the device. desktop), to resolve the problem? Or is The drive heads are not stopped ei- this behavior compiled in? Klaus Knopper is the creator of ther, and a strange whirring chirp sound I believe the “eject” feature used by Knoppix and co-founder of the occurs when unplugging the drive while Gnome is only meant for flash memory the platters are still spinning. drives such as USB keys, where there is LinuxTag expo. He currently I searched Google and found a shell no concept of flushing the data in RAM script to properly unmount the drive, to the magnetic storage medium and works as a teacher, program- and it uses a tool called sdparm to sync stopping the heads, and hence it is a mer, and consultant. If you have and stop the drive heads before physi- rather simple solution for unmounting cally disconnecting the USB hard drive. I that is not suitable for external portable a configuration problem, or if did not have sdparm installed by default hard drives. from my Fedora 7 distribution (obtained Thanks in advance for considering this you just want to learn more through a Linux Magazine DVD) and Linux hardware challenge. about how Linux works, send had to search and install the tool myself using the package manager. (Zenity mes- The quite long script you sent your questions to: sage boxes also had to be installed for can be reduced to (more or less) this script.) this skeleton: klaus@linux-magazine. -
Microsoft's Open-Source Move to Pay Dividends in the Cloud by Ryan Davis
Portfolio Media. Inc. | 111 West 19th Street, 5th Floor | New York, NY 10011 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] Microsoft's Open-Source Move To Pay Dividends In The Cloud By Ryan Davis Law360 (October 18, 2018, 8:51 PM EDT) -- Microsoft astonished some in the tech community by joining the Open Innovation Network, a group of companies that provide each other free licenses to patents covering the Linux operating system, but attorneys say it's a smart move to bolster Microsoft's cloud computing business. Microsoft Corp. announced on Oct. 10 that it was committing its entire portfolio of 60,000 patents to OIN, which serves as a patent nonaggression group designed to shield Linux, the open-source system that competes with Windows, from infringement suits. The group has over 2,700 members, including fellow titans like Google LLC and Sony Corp. The move came as a surprise given the hostility Microsoft has shown to open-source software like Linux under previous leaders, including filing patent suits against companies that use Linux. Former CEO Steve Ballmer said in a 2001 interview that "Linux is a cancer that attaches itself in an intellectual property sense to everything it touches." He also once likened the free operating system to communism. Tech reporters therefore met Microsoft's embrace of open source by joining OIN with dropped jaws last week. "It suddenly feels like we're living in an alternate timeline," according to a Forbes article. "After triple-checking and slapping myself across the face a few times, I can confirm that this is reality." "Microsoft has signed up to the Open Invention Network. -
BY DESIGN It’S Been 20 Years Since the First Imac Was Unveiled
BY DESIGN It’s been 20 years since the first iMac was unveiled. Revolutionary at the time, the iMac G3 is one of the most iconic computers that ever existed. The iMac is 20. It’s hard to believe but Apple wasn’t always the globe-dominating giant it is today, worth more than the GDP of some nations. When Steve Jobs got up on stage on May 6, 1998, to unveil the iMac, Apple was at a low ebb, struggling to maintain con- sistent profitability. In July 1997 its shares had hit a 10-year low, and Oracle’s Larry Ellison was consid - ering putting in a bid. Jobs himself was only months into his second stint at the flailing company. “It’s hard to believe today that a Steve Jobs prod- uct presentation would be met with indifference, but there was a huge amount of scepticism about Apple’s product announcements back in early 1998,” Jason Snell, a journalist and broadcaster who has spent his whole career covering Apple, wrote recently. “Though there were definitely signs that the company was turning it around, I also recall being summoned to Apple product events where nothing much at all was announced. Regardless, only the editor-in-chief of Macworld, Andy Gore, even bothered to go to the announcement that day.” 54 FLASHES / JUNE 2018 FLASHBACK JUNE 2018 / FLASHES 55 EXPLORE Above: Steve Footage from the event – shared by current CEO Jobs unveils the Tim Cook – shows Jobs, perhaps the greatest sales- iMac, based on the PowerPC G3 man the world has ever seen, describing the $1299 especially when measured against the PCs of the day. -
(OIN): Oracle Vs. Google Is Its Biggest Debacle So Far
AUG 21, 2010 The Open Invention Network (OIN): Oracle vs. Google is its biggest debacle so far Right after I learned about Oracle's patent infringement suit against Google, I pointed out [http://fosspatents.blogspot.com/2010/08/oracle-sues-google-says-android.html#oin] that this was "another big failure for the so-called Open Invention Network" (OIN), an organization that claims (without any credible evidence) to protect the Linux ecosystem against patent threats. The OIN has three stated goals, and a few commentators failed to look at all of them: 1. The OIN buys up patents at auctions and licenses them for free to companies who accept its license agreement. This part isn't relevant to Oracle vs. Google. Oracle asserts seven patents that previously belonged to Sun but never belonged to the OIN. 2. The OIN wants to serve as a deterrent because it might enforce those patents against other companies. Mutually assured damage. This isn't stated explicitly on its website but it's made pretty clear by some of its press releases, such as this one [http://www.openinventionnetwork.com/press_release08_10_10.php ] ("'We view an OIN license as one of the key methods through which open source leaders and innovators can deter software patent aggression,' said Lasse Andresen, CEO of ForgeRock."). Oracle sued Google without any fear of the OIN possibly enforcing against Oracle, as an act of retaliation, some of the patents it acquired. So the OIN has certainly failed on this count (until it proves the opposite, but I'm sure we won't see it happen). -
Trade Secret Protection Best Practices Hiring Competitors’ Employees and Protecting the Company When Competitors Hire Yours Presented By
REDACTED Trade Secret Protection Best Practices Hiring Competitors’ Employees and Protecting the Company When Competitors Hire Yours Presented By: D. Joshua Salinas Los Angeles (310) 201-1514 [email protected] Areas of Practice: Trade Secrets, Computer Fraud & Non-Competes Intellectual Property Patent, Internet & Privacy, Trademark, Copyright Commercial Litigation Alternative Dispute Resolution, Business Torts, Contract Disputes Robert B. Milligan Los Angeles (310) 201-1579 [email protected] Areas of Practice Trade Secrets, Computer Fraud & Non-Competes Intellectual Property Copyright; Internet & Privacy; Patent; Trademark Commercial Class Action Defense Commercial Litigation Labor and Employment Michael Wexler Chicago (312) 460-5559 [email protected] Areas of Practice: Trade Secrets, Computer Fraud & Non-Competes Commercial Litigation Intellectual Property White Collar Criminal Defense © 2012 Seyfarth Shaw LLP | www.seyfarth.com Table of Contents 1. Summary of law on key issues 2. Appendix A - Sricom, Inc. case 3. Appendix B - Management Alert on new California non- compete case 4. Appendix C - Hartstein case 5. Appendix D - Unhealthy Competition article 6. Appendix E - Management Alert on social media laws 7. Appendix F - Trade Secret Audit article 8. Appendix G - BYOD tips and example policies 9. Appendix H - Trade secret blog article on trade secret injunctions 10. Appendix I - Article on threat to trade secrets posed by cloud computing and social media 11. Appendix J - Exit Interview Certification 12. Appendix K - Presenters’ biographies © 2012 Seyfarth Shaw LLP | www.seyfarth.com Summary of Law on Key Issues © 2012 Seyfarth Shaw LLP | www.seyfarth.com | 1 Trade Secret Protection Suggestions for Handling the Hiring of a New Employee from a Competitor Interviewing and Assessing Existing Restrictive Covenants 1. -
Entrepreneurs Must Have Drive and Perseverance to Be Successful
Stanford eCorner Entrepreneurs Must Have Drive and Perseverance to Be Successful Gordon Davidson, Fenwick &West, LLP May 26, 2004 Video URL: http://ecorner.stanford.edu/videos/884/Entrepreneurs-Must-Have-Drive-and-Perseverance-to-Be-Successful Gordon discusses companies he believes exemplify outstanding drive and perseverance. Apple has tremendous creativity that has paid off with the success of the iPod. Oracle is extremely dedicated to its vision and has surmounted obstacles in order to achieve it. Intuit has a relentless commitment to the customer that has led the company through tough times. Transcript Drive in perseverance. Here are four examples of incredible driver in perseverance: Apple. It goes without saying. I think this is a company that had tremendous creativity, fought hard against first of all a conventional computers then a new competitor, IBM. The famous ad in the Wall Street Journal where Apple put about a full-page ad on the daily IBM PC was announced and it said welcome, IBM, to the personal computer industry, seriously. That kind of perseverance today with creativity with iPod and so forth they offered in the company. Unshakeable conviction that will work. I worked a great deal with Oracle and Larry Ellison in the early days. The vision there was the vision that you could have a relational database that worked equally well across all hardware platforms and IBM was doing DB2 on IBM but everybody else needed a Unix version and so forth. It was more Larry Ellison's will that it be done than any creative genius. He just said it can be done.