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Patents and Open Source Software: New Issues Raised in the GNU General Public License v3.0
Although procuring patent protection directed to computer software is now common, various groups have continued to be critical of software patents and look for ways to restrict or curtail their use. One such group of critics may be loosely referred to as the 'Open Source Software' movement. At the center of the Open Source Software movement is the Free Software Foundation ('FSF'), founded and led by Richard Stallman, a computer programmer. The FSF is a sponsor of the GNU General Public License ('GPL'), a popular Open Source Software license. Version 3.0 of the GPL, published on June 29, 2007, contains several new provisions regarding patents prompted by a recent agreement between Microsoft and Novell.
Overview of Open Source Software
Open Source Software licenses are intended to protect the so-called 'four freedoms' of free software ' freedom to use, distribute, modify, and distribute modified versions of the software. Ideally, Open Source software is created using 'open development' practices wherein many individuals contribute their time and computer code to the final form of the software. The resulting product is shared freely with others, who may in turn further modify and distribute the software. But, despite the fact that everyone contributes freely to the development of the software, and the software is shared without charge, Open Source Software is not in the public domain. The software is licensed under a copyright model. There are many such licenses, all with different requirements, although only a small number of licenses are widely used. One widely used license is the GNU General Public License, or GPL.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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?