B.Jean-Open Source Et Brevetabilite Des Inventions(1)
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Licensing Open Government Data Jyh-An Lee
Hastings Business Law Journal Volume 13 Article 2 Number 2 Winter 2017 Winter 2017 Licensing Open Government Data Jyh-An Lee Follow this and additional works at: https://repository.uchastings.edu/ hastings_business_law_journal Part of the Business Organizations Law Commons Recommended Citation Jyh-An Lee, Licensing Open Government Data, 13 Hastings Bus. L.J. 207 (2017). Available at: https://repository.uchastings.edu/hastings_business_law_journal/vol13/iss2/2 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Business Law Journal by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. 2 - LEE MACROED.DOCX (DO NOT DELETE) 5/5/2017 11:09 AM Licensing Open Government Data Jyh-An Lee* Governments around the world create and collect an enormous amount of data that covers important environmental, educational, geographical, meteorological, scientific, demographic, transport, tourism, health insurance, crime, occupational safety, product safety, and many other types of information.1 This data is generated as part of a government’s daily functions.2 Given government data’s exceptional social and economic value, former U.S. President Barack Obama described it as a “national asset.”3 For various policy reasons, open government data (“OGD”) has become a popular governmental practice and international * Assistant Professor at the Faculty of Law in the Chinese University -
Crowdsourcing: Today and Tomorrow
Crowdsourcing: Today and Tomorrow An Interactive Qualifying Project Submitted to the Faculty of the WORCESTER POLYTECHNIC INSTITUTE in partial fulfillment of the requirements for the Degree of Bachelor of Science by Fangwen Yuan Jun Liang Zhaokun Xue Approved Professor Sonia Chernova Advisor 1 Abstract This project focuses on crowdsourcing, the practice of outsourcing activities that are traditionally performed by a small group of professionals to an unknown, large community of individuals. Our study examines how crowdsourcing has become an important form of labor organization, what major forms of crowdsourcing exist currently, and which trends of crowdsourcing will have potential impacts on the society in the future. The study is conducted through literature study on the derivation and development of crowdsourcing, through examination on current major crowdsourcing platforms, and through surveys and interviews with crowdsourcing participants on their experiences and motivations. 2 Table of Contents Chapter 1 Introduction ................................................................................................................................. 8 1.1 Definition of Crowdsourcing ............................................................................................................... 8 1.2 Research Motivation ........................................................................................................................... 8 1.3 Research Objectives ........................................................................................................................... -
THE DEFENSIVE PATENT PLAYBOOK James M
THE DEFENSIVE PATENT PLAYBOOK James M. Rice† Billionaire entrepreneur Naveen Jain wrote that “[s]uccess doesn’t necessarily come from breakthrough innovation but from flawless execution. A great strategy alone won’t win a game or a battle; the win comes from basic blocking and tackling.”1 Companies with innovative ideas must execute patent strategies effectively to navigate the current patent landscape. But in order to develop a defensive strategy, practitioners must appreciate the development of the defensive patent playbook. Article 1, Section 8, Clause 8 of the U.S. Constitution grants Congress the power to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”2 Congress attempts to promote technological progress by granting patent rights to inventors. Under the utilitarian theory of patent law, patent rights create economic incentives for inventors by providing exclusivity in exchange for public disclosure of technology.3 The exclusive right to make, use, import, and sell a technology incentivizes innovation by enabling inventors to recoup the costs of development and secure profits in the market.4 Despite the conventional theory, in the 1980s and early 1990s, numerous technology companies viewed patents as unnecessary and chose not to file for patents.5 In 1990, Microsoft had seven utility patents.6 Cisco © 2015 James M. Rice. † J.D. Candidate, 2016, University of California, Berkeley, School of Law. 1. Naveen Jain, 10 Secrets of Becoming a Successful Entrepreneur, INC. (Aug. 13, 2012), http://www.inc.com/naveen-jain/10-secrets-of-becoming-a-successful- entrepreneur.html. -
Building Online Content and Community with Drupal
Collaborative Librarianship Volume 1 Issue 4 Article 10 2009 Building Online Content and Community with Drupal Gabrielle Wiersma University of Colorado at Boulder, [email protected] Follow this and additional works at: https://digitalcommons.du.edu/collaborativelibrarianship Part of the Collection Development and Management Commons Recommended Citation Wiersma, Gabrielle (2009) "Building Online Content and Community with Drupal," Collaborative Librarianship: Vol. 1 : Iss. 4 , Article 10. DOI: https://doi.org/10.29087/2009.1.4.10 Available at: https://digitalcommons.du.edu/collaborativelibrarianship/vol1/iss4/10 This Review is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Collaborative Librarianship by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. Wiersma: Building Online Content and Community with Drupal Building Online Content and Community with Drupal Gabrielle Wiersma ([email protected]) Engineering Research and Instruction Librarian, University of Colorado at Boulder Libraries use content management systems Additionally, all users are allowed to post in order to create, manage, edit, and publish content without using code, which enables content on the Web more efficiently. Drupal less tech savvy users to contribute content (drupal.org), one such Web-based content just as easily as their more proficient coun- management system, is unique because it terparts. For example, a library could use employs a bottom-up strategy for Web de- Drupal to allow library staff to view and sign that separates the content of the site edit the library Web site, blog, and staff from the formatting which means that “you intranet. -
Do the Anticompetitive Risks of Standards-Essential Patent Pools Outweigh Their Procompetitive Benefits?*
Glory Days: Do the Anticompetitive Risks of Standards-Essential Patent Pools Outweigh Their Procompetitive Benefits?* JOHN “JAY” JURATA, JR. & EMILY N. LUKEN1 TABLE OF CONTENTS I. INTRODUCTION………………………………………...…………2 II. BACKGROUND ................................................................................ 3 A. Patent Pools & Similar Arrangements...................................... 3 B. SEPs, FRAND, and Competition Law ....................................... 4 III. PATENT POOLS AND COMPETITION LAW ....................................... 6 A. Overview……………………………………………………………...6 B. Historical DOJ Business Review Letters on Patent Pools….….8 C. DOJ Avanci 5G Business Review Letter…………………………10 IV. SOME OF THE PROCOMPETITIVE ASSUMPTIONS FOR PATENT POOLS ARE NO LONGER ARE TRUE WHEN APPLIED TO FRAND- ENCUMBERED SEPS ..................................................................... 13 A. Market Power ......................................................................... 13 B. Reduced Transaction Costs ..................................................... 16 V. ANTICOMPETITIVE RISKS OF CERTAIN SEP POOLS ARE HIGHER TODAY COMPARED TO THE POOLS REVIEWED BY THE DOJ IN HISTORICAL BUSINESS REVIEW LETTERS .................................... 18 A. Licensing Agents Refusing to Comply with FRAND ............... 19 B. Structural Mechanisms Designed to Deter Adhering to FRAND Commitments ............................................................. 21 C. Including Non-SEPs to Collect Supra-FRAND Royalties ....... 25 D. Using Pools to Exploit -
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. -
Understanding Code Forking in Open Source Software
EKONOMI OCH SAMHÄLLE ECONOMICS AND SOCIETY LINUS NYMAN – UNDERSTANDING CODE FORKING IN OPEN SOURCE SOFTWARE SOURCE OPEN IN FORKING CODE UNDERSTANDING – NYMAN LINUS UNDERSTANDING CODE FORKING IN OPEN SOURCE SOFTWARE AN EXAMINATION OF CODE FORKING, ITS EFFECT ON OPEN SOURCE SOFTWARE, AND HOW IT IS VIEWED AND PRACTICED BY DEVELOPERS LINUS NYMAN Ekonomi och samhälle Economics and Society Skrifter utgivna vid Svenska handelshögskolan Publications of the Hanken School of Economics Nr 287 Linus Nyman Understanding Code Forking in Open Source Software An examination of code forking, its effect on open source software, and how it is viewed and practiced by developers Helsinki 2015 < Understanding Code Forking in Open Source Software: An examination of code forking, its effect on open source software, and how it is viewed and practiced by developers Key words: Code forking, fork, open source software, free software © Hanken School of Economics & Linus Nyman, 2015 Linus Nyman Hanken School of Economics Information Systems Science, Department of Management and Organisation P.O.Box 479, 00101 Helsinki, Finland Hanken School of Economics ISBN 978-952-232-274-6 (printed) ISBN 978-952-232-275-3 (PDF) ISSN-L 0424-7256 ISSN 0424-7256 (printed) ISSN 2242-699X (PDF) Edita Prima Ltd, Helsinki 2015 i ACKNOWLEDGEMENTS There are many people who either helped make this book possible, or at the very least much more enjoyable to write. Firstly I would like to thank my pre-examiners Imed Hammouda and Björn Lundell for their insightful suggestions and remarks. Furthermore, I am grateful to Imed for also serving as my opponent. I would also like to express my sincere gratitude to Liikesivistysrahasto, the Hanken Foundation, the Wallenberg Foundation, and the Finnish Unix User Group. -
Open-Source Practices for Music Signal Processing Research Recommendations for Transparent, Sustainable, and Reproducible Audio Research
MUSIC SIGNAL PROCESSING Brian McFee, Jong Wook Kim, Mark Cartwright, Justin Salamon, Rachel Bittner, and Juan Pablo Bello Open-Source Practices for Music Signal Processing Research Recommendations for transparent, sustainable, and reproducible audio research n the early years of music information retrieval (MIR), research problems were often centered around conceptually simple Itasks, and methods were evaluated on small, idealized data sets. A canonical example of this is genre recognition—i.e., Which one of n genres describes this song?—which was often evaluated on the GTZAN data set (1,000 musical excerpts balanced across ten genres) [1]. As task definitions were simple, so too were signal analysis pipelines, which often derived from methods for speech processing and recognition and typically consisted of simple methods for feature extraction, statistical modeling, and evalua- tion. When describing a research system, the expected level of detail was superficial: it was sufficient to state, e.g., the number of mel-frequency cepstral coefficients used, the statistical model (e.g., a Gaussian mixture model), the choice of data set, and the evaluation criteria, without stating the underlying software depen- dencies or implementation details. Because of an increased abun- dance of methods, the proliferation of software toolkits, the explo- sion of machine learning, and a focus shift toward more realistic problem settings, modern research systems are substantially more complex than their predecessors. Modern MIR researchers must pay careful attention to detail when processing metadata, imple- menting evaluation criteria, and disseminating results. Reproducibility and Complexity in MIR The common practice in MIR research has been to publish find- ©ISTOCKPHOTO.COM/TRAFFIC_ANALYZER ings when a novel variation of some system component (such as the feature representation or statistical model) led to an increase in performance. -
Open Source in the Enterprise
Open Source in the Enterprise Andy Oram and Zaheda Bhorat Beijing Boston Farnham Sebastopol Tokyo Open Source in the Enterprise by Andy Oram and Zaheda Bhorat Copyright © 2018 O’Reilly Media. All rights reserved. Printed in the United States of America. Published by O’Reilly Media, Inc., 1005 Gravenstein Highway North, Sebastopol, CA 95472. O’Reilly books may be purchased for educational, business, or sales promotional use. Online edi‐ tions are also available for most titles (http://oreilly.com/safari). For more information, contact our corporate/institutional sales department: 800-998-9938 or [email protected]. Editor: Michele Cronin Interior Designer: David Futato Production Editor: Kristen Brown Cover Designer: Karen Montgomery Copyeditor: Octal Publishing Services, Inc. July 2018: First Edition Revision History for the First Edition 2018-06-18: First Release The O’Reilly logo is a registered trademark of O’Reilly Media, Inc. Open Source in the Enterprise, the cover image, and related trade dress are trademarks of O’Reilly Media, Inc. The views expressed in this work are those of the authors, and do not represent the publisher’s views. While the publisher and the authors have used good faith efforts to ensure that the informa‐ tion and instructions contained in this work are accurate, the publisher and the authors disclaim all responsibility for errors or omissions, including without limitation responsibility for damages resulting from the use of or reliance on this work. Use of the information and instructions contained in this work is at your own risk. If any code samples or other technology this work contains or describes is subject to open source licenses or the intellectual property rights of others, it is your responsibility to ensure that your use thereof complies with such licenses and/or rights. -
FOSS Philosophy 6 the FOSS Development Method 7
1 Published by the United Nations Development Programme’s Asia-Pacific Development Information Programme (UNDP-APDIP) Kuala Lumpur, Malaysia www.apdip.net Email: [email protected] © UNDP-APDIP 2004 The material in this book may be reproduced, republished and incorporated into further works provided acknowledgement is given to UNDP-APDIP. For full details on the license governing this publication, please see the relevant Annex. ISBN: 983-3094-00-7 Design, layout and cover illustrations by: Rezonanze www.rezonanze.com PREFACE 6 INTRODUCTION 6 What is Free/Open Source Software? 6 The FOSS philosophy 6 The FOSS development method 7 What is the history of FOSS? 8 A Brief History of Free/Open Source Software Movement 8 WHY FOSS? 10 Is FOSS free? 10 How large are the savings from FOSS? 10 Direct Cost Savings - An Example 11 What are the benefits of using FOSS? 12 Security 13 Reliability/Stability 14 Open standards and vendor independence 14 Reduced reliance on imports 15 Developing local software capacity 15 Piracy, IPR, and the WTO 16 Localization 16 What are the shortcomings of FOSS? 17 Lack of business applications 17 Interoperability with proprietary systems 17 Documentation and “polish” 18 FOSS SUCCESS STORIES 19 What are governments doing with FOSS? 19 Europe 19 Americas 20 Brazil 21 Asia Pacific 22 Other Regions 24 What are some successful FOSS projects? 25 BIND (DNS Server) 25 Apache (Web Server) 25 Sendmail (Email Server) 25 OpenSSH (Secure Network Administration Tool) 26 Open Office (Office Productivity Suite) 26 LINUX 27 What is Linux? -
Predictably Expensive:Ac Ritical Look at Patent
PREDICTABLY EXPENSIVE: A CRITICAL LOOK AT PATENT LITIGATION IN THE EASTERN DISTRICT OF TEXAS Brian J. Love* James Yoon† CITE AS 20 STAN. TECH. L. REV. 1 (2017) ABSTRACT In this Article, we compare U.S. patent litigation across districts and consider possible explanations for the Eastern District of Texas’ popularity with patent plaintiffs. Rather than any one explanation, we conclude that what makes the Eastern District so attractive to patent plaintiffs is the accumulated effect of several marginal advantages—particularly with respect to the relative timing of discovery deadlines, transfer decisions, and claim construction—that make it predictably expensive for accused infringers to defend patent suits filed in East Texas. These findings tend to support ongoing efforts to pass patent reform legislation that would presumptively stay discovery in patent suits pending claim construction and motions to transfer or dismiss. However, we also observe that courts in the Eastern District of Texas have exercised their discretion in ways that dampen the effect of prior legislative and judicial reforms that were aimed (at least in part) at deterring abusive patent suits. Given courts’ broad discretion to control how cases proceed, this additional finding suggests that restricting venue in patent cases may well be the single most effective reform available to Congress or the courts to limit patentees’ ability to impose unnecessary and unwarranted costs on companies accused of patent infringement. * Assistant Professor and Co-Director of the High Tech Law Institute, Santa Clara University School of Law. My work on this Article was supported in part by the INPRECOMP Project of the Center for Law, Science & Innovation (LSI) at the Arizona State University Sandra Day O’Connor College of Law. -
10 Pitfalls of Open Source CMS. Customer and Web Developer Perspectives
White Paper 10 Pitfalls of Open Source CMS. Customer and Web Developer Perspectives. INSIDE INTRODUCTION 2 PITFALLS? WHAT PITFALLS? 3 Demystifying the vendor 3 lock-in «Free» Doesn’t Mean 4 «No Cost» Reinventing The Wheel 6 EXECUTIVE SUMMARY Questionable Usability 7 9 Security: You Can’t Be Free open source software is highly-publicized as a cost-effective alterna- Too Careful These Days tive to proprietary software, delivering value in flexibility and true ownership. Support That Cuts 10 However, software customers should take into consideration a number of Both Ways factors that diminish this concept’s ability to meet real-life business require- A Highly Competitive 11 ments. The ten crucial open source CMS pitfalls overviewed in this white Market paper emphasize the advantages of hybrid licensed software – an alternative Medium And Large Enter- 12 software licensing approach that successfully combines the assurance of prise Market Prejudice pure proprietary solutions and openness of open source solutions. As a re- sult, hybrid licensed software allows web development companies to reduce Platform Dependence 12 web projects’ costs and time-to-market, while delivering more user-friendly The Legal Complications 13 and secure business applications to customers. HYBRID-LICENSED CMS: 14 WHAT’S IN A NAME? This white paper has tweetable references. To tweet the content ABOUT BITRIX 16 simply click the tweet button wherever it appears 2 10 Pitfalls of Open Source CMS. Web Developers and Customers Perspective. INTRODUCTION According to W3Techs1 approximately 90 percent of Alexa’s 1,000,000 top- ranked websites are running WordPress, Joomla!, Drupal, TYPO3 or other The content management highly-publicized open source CMS products.