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Open Source Goes Mainstream: How to Manage the Risk
In recent years, numerous articles have been published in legal journals warning of the inherent risks of using open source code in the development of software ' the fear of pirated code, the possible threat of infringement claims, the “viral” effect of the redistribution provisions of the open source license on proprietary code, just to mention a few. Arguments that such risks are merely academic were trounced when SCO Group launched an infringement claim against IBM and its customers. (SCO Group sued IBM, alleging that IBM's Linux operating systems contained pirated UNIX code and related trade secrets allegedly owned by SCO. SCO has also sued two of IBM's major customers.)
Notwithstanding the dire warnings from lawyers and risk managers alike, companies continue to use open source code for their internal use, and to develop products to be sold or licensed to customers. Computer Weekly reported that 46% of firms surveyed by Forrester Research currently use open source, and another 14% plan to use it within the next 12 months. See, Computer Weekly, June 15, 2004, page 22. The acceptance of open source as a viable means to build sophisticated operating systems is also growing in the public sector. See, eWeek, eWeek.com, June 14, 2004. A recent article published in The Economist states: “That `open source' is a good way to make software is beyond question”, and suggests that open source represents a “new post-capitalist economic model” “Beyond Capitalism,” The Economist, June 12, 2004. Larger technology firms such as IBM, Sun, Apple and Novell have even jumped on the bandwagon by “open sourcing” some of their products.
The Benefits of Open Source
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.