www-commits
[Top][All Lists]
Advanced

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

www/doc bibliography.html


From: Yavor Doganov
Subject: www/doc bibliography.html
Date: Thu, 15 Jan 2009 15:54:21 +0000

CVSROOT:        /web/www
Module name:    www
Changes by:     Yavor Doganov <yavor>   09/01/15 15:54:21

Modified files:
        doc            : bibliography.html 

Log message:
        Templated.

CVSWeb URLs:
http://web.cvs.savannah.gnu.org/viewcvs/www/doc/bibliography.html?cvsroot=www&r1=1.7&r2=1.8

Patches:
Index: bibliography.html
===================================================================
RCS file: /web/www/www/doc/bibliography.html,v
retrieving revision 1.7
retrieving revision 1.8
diff -u -b -r1.7 -r1.8
--- bibliography.html   1 May 2006 10:04:13 -0000       1.7
+++ bibliography.html   15 Jan 2009 15:54:16 -0000      1.8
@@ -1,185 +1,308 @@
-<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 3.2 Final//EN">
+<!--#include virtual="/server/header.html" -->
+<title>Documentation of the GNU project - Bibliography of Legal Writings on 
the GPL</title>
+<!--#include virtual="/server/banner.html" -->
+<h2>Bibliography of Legal Writings on the GPL</h2>
+
+<h3>CASE LAW</h3>
+
+<p>
+PLANETARY MOTION, INC. v. TECHSPLOSION, INC., 261 F.3d 1188 (11th
+Cir. 2001) (&ldquo;Software distributed pursuant to [the GNU General
+Public License] is not necessarily ceded to the public domain and the
+licensor purports to retain ownership rights, which may or may not
+include rights to a mark&rdquo;).
+</p>
+
+<h3>LAW REVIEW ARTICLES</h3>
+
+<p>
+Patrick K. Bobko, LINUX AND GENERAL PUBLIC LICENSES: CAN COPYRIGHT
+KEEP &ldquo;OPEN SOURCE&rdquo; SOFTWARE FREE?, 28 AIPLA Q.J. 81 (2000)
+(&ldquo;Using Linux as the subject of analysis, this article discusses
+the enforceability of the licenses that protect non-proprietary
+software and keep it &lsquo;open-source.&rsquo; The analysis involves
+two primary issues: whether the improvements made to Linux are
+derivative works or are themselves copyrightable, and whether the GPL
+is an enforceable non-exclusive license.&rdquo;).
+</p>
+
+<p>
+Patrick K. Bobko, OPEN-SOURCE SOFTWARE AND THE DEMISE OF COPYRIGHT, 1
+Rutgers Computer &amp; Tech. L.J. 51 (2001) (&ldquo;With the emergence
+of open-source software (&lsquo;OSS&rsquo;), some of the debate over
+copyright protection has taken a new focus.  Although OSS depends upon
+copyright protection for its continued existence, the economic
+incentives of OSS are not the traditional economic incentives assumed
+by copyright law because they do not arise out of a monopoly of the
+copyrighted material.  As a result, copyright law plays a diminished
+role in OSS.  Part I of this article examines the economic foundation
+of the commercial software industry and its reliance upon copyright
+law, highlighting the current debate concerning the appropriate level
+of software protection for a program's non-literal elements.  Part II
+examines OSS and its impact on the information industries with
+particular emphasis on its freedom from market pressures and technical
+superiority over its proprietary counterparts.  This article concludes
+that although some copyright protection is required to perpetuate the
+open-source movement, OSS' emergence has substantially mooted the
+current debate over the appropriate level of protection for a
+program's non-literal elements.&rdquo;).
+</p>
+
+<p>
+Robert W. Gomulkiewicz, HOW COPYLEFT USES LICENSE RIGHTS TO SUCCEED IN
+THE OPEN SOURCE SOFTWARE REVOLUTION AND THE IMPLICATIONS FOR ARTICLE
+2B, 36 Hous. L. Rev. 179 (1999) (&ldquo;This Article examines the
+origins and continuing momentum of the open source revolution. It then
+discusses the principles of open source licensing and why licensing is
+central to the open source revolution.  The Article concludes by
+discussing the implications that copyleft licensing principles have
+for proposed Article 2B of the Uniform Commercial Code
+(&lsquo;UCC&rsquo;), a provision that would govern software licenses.
+The Article points out that in order to foster innovative developments
+such as the open source revolution, Article 2B needs to, among other
+things, validate the enforceability of standard-form mass-market
+licenses, preserve the ability of software developers to freely
+allocate risk, and provide sensible contract default rules.&rdquo;).
+</p>
+
+<p>
+Teresa Hill, NOTE: FRAGMENTING THE COPYLEFT MOVEMENT: THE PUBLIC WILL
+NOT PREVAIL, 1999 Utah L. Rev. 797 (1999) (&ldquo;This Note analyzes
+the copyleft movement from the traditional sociological perspectives
+of social movement theory.  Specifically, this Note investigates
+whether the copyleft movement will effectuate any change in
+intellectual property considering the fragmentation of the movement by
+emerging market changes.  In Part II, this Note examines the
+historical development of copyright and its application to computer
+software, specifically focusing on courts' inconsistent application of
+copyright law to new technology.  Part III next examines what the
+copyleft movement is, how the copyleft movement developed, and how the
+general criticisms of traditional notions of copyright as applied to
+computer software are incorporated into the copyleft movement.  Part
+IV analyzes the copyleft movement and its fragmentation, arguing that
+to the public's detriment, copyleft will not be the force that drives
+the nail in the coffin of copyright.  In conclusion, this Note argues
+that the fragmentation of the copyleft movement will ultimately render
+it unable to affect radical legal changes in intellectual
+property.&rdquo;).
+</p>
+
+<p>
+Natasha T. Horne, OPEN SOURCE SOFTWARE LICENSING: USING COPYRIGHT LAW
+TO ENCOURAGE FREE USE, 17 Ga. St. U. L. Rev. 863 (2001) (&ldquo;Part I
+of this Note reviews the history and philosophies of the open source
+movement.  Part II discusses the roles copyright and software
+licensing play in open source software development.  Part III examines
+the licensing terms of several popular open source licenses used
+today.  Part IV provides a few pointers for selecting a license.
+Finally, Part V suggests that the open source movement may be
+disproving the need for financial incentives under copyright
+law.&rdquo;).
+</p>
+
+<p>
+Nigel Howard, Dan Ravicher, Ken Johnson, HOW TO USE PATENT LAW TO THE
+ADVANTAGE OF OPEN-SOURCE SOFTWARE DEVELOPERS, 7 NO. 7
+Intell. Prop. Strategist 1 (May 2001) (&ldquo;At first glance, patent
+law appears to impede those engaged in the free distribution of
+software: Software patents give their owners the right to prevent
+others from practicing the claimed software.  However, patent law may
+in fact be a potential friend to those engaging in open-source/free
+software development.  But the picture is not all rosy.  To evaluate
+how best to take advantage of patent law to achieve an open-source
+software developer's business objectives, you need to be aware of both
+the potential benefits and pitfalls that patent law poses to
+open-source development.&rdquo;).
+</p>
+
+<p>
+Dennis M. Kennedy, A PRIMER ON OPEN SOURCE LICENSING LEGAL ISSUES:
+COPYRIGHT, COPYLEFT AND COPYFUTURE, 20 St. Louis U. Pub. L. Rev. 345
+(2001) (&ldquo;This article &hellip; discuss[es] the Open Source
+history and the role of the Open Source Definition, describe[s] the
+general categories of Open Source licenses, survey[s] generally some
+of the legal issues raised in the Open Source approach and with the
+Open Source licenses, and draw[s] some tentative conclusions about the
+likely impact of Open Source on traditional copyright and licensing
+law as it becomes a more significant component of the Internet and
+computer systems, as well as a part of our way of thinking about
+intellectual property and licensing in a rapidly changing
+world.&rdquo;).
+</p>
+
+<p>
+Marcus Maher, OPEN SOURCE SOFTWARE: THE SUCCESS OF AN ALTERNATIVE
+INTELLECTUAL PROPERTY INCENTIVE PARADIGM, 10 Fordham
+Intell. Prop. Media &amp; Ent. L.J. 619 (2000) (&rdquo;This paper
+&hellip; provid[es] a factual introduction into the details of the
+open source development process.  Next, a background introduction to
+complexity theory [is] provided.  The features of open source
+development [are] then &hellip; analyzed, uncovering the complex
+nature of open source development.  While the complex nature of open
+source software provides an explanation as to its technical success,
+it also provides insight into a number of problems that are facing the
+open source community.  The threats to the complex nature of open
+source development [are] considered and means of circumventing these
+problems suggested.  Finally, the potential for complexity to solve
+some anticipated open source problems [is] discussed.&rdquo;).
+</p>
+
+<p>
+David McGowan, LEGAL IMPLICATIONS OF OPEN-SOURCE SOFTWARE, 2001
+U. Ill. L. Rev. 241 (2001) (&ldquo;Using the GNU/Linux operating
+system as a case study, [Professor McGowan] probes the organization of
+the open-source community and the philosophies of its leading members
+in order to understand how traditional firm models, intellectual
+property, and contract law might apply.  Professor McGowan concludes
+by reviewing recent attempts by courts to impose traditional
+principles in computer software transaction disputes.  Ultimately, it
+appears that the open-source community cannot be neatly categorized.
+Although many traditional firm theories&mdash;such as the formation of
+a hierarchy&mdash;and legal principles&mdash;such as
+copyright&mdash;do apply to the open-source model, these theories and
+principles are employed in creative ways not previously
+envisioned.&rdquo;).
+</p>
+
+<p>
+Stephen M. McJohn, THE PARADOXES OF FREE SOFTWARE, 9 Geo. Mason
+L. Rev. 25 (2000) (&ldquo;For many software producers, the fact that
+their customer receives only the executable code is important.  The
+producer attempts to maintain control over the code in two ways.  She
+can deliver only the executable code, so the licensee can run the
+program but little else.  She can also deliver the code subject to a
+license that restricts further copying and distribution, so the
+licensee does not turn around and sell or give copies to other
+potential customers.  Open source software producers, by contrast,
+grant much freer access, both practically and legally, by delivering
+source code along with the executable code, and by freely granting
+permission to modify and further distribute the software.  As
+discussed in the [article], open source software both challenges the
+theoretical underpinnings of intellectual property law and promises to
+affect the development of intellectual property law.&rdquo;).
+</p>
+
+<p>
+Shawn W. Potter, OPENING UP TO OPEN SOURCE, 6 Rich. J.L. &amp;
+Tech. 24 (2000) (&ldquo;This paper is structured to address several
+purposes in its discussion of the open source movement.  First, Part
+III &hellip; discuss[es] on a broad level how society benefits from a
+software development process like open source, and how open source
+affects copyright and traditional notions of software piracy and
+reuse.  Part III &hellip; also reviews[s] solutions that open source
+offers and outline the problems that may occur as the open source
+model continues to unfold.  Part IV &hellip; considers the
+contemporary objections to open source products, and &hellip;
+demonstrate[s] that copyright, licensing, and warranties&mdash;the
+legal issues in software&mdash;basically make purchasers no worse off
+under an open source environment than a proprietary paradigm.  As
+such, businesses and consumers should not shy away from open source
+products.  Part V crystalizes the underlying issue in this paper: open
+source has many beneficial aspects, but still, the market has been
+slow to accept it.  The article concludes with possible solutions to
+the problem of slow acceptance, as the author asserts that both the
+market and government can take steps to foster the growth of open
+source.  In the end, the reader will recognize that the traditional
+objections to open source software are fairly minimal.  While open
+source may not reach revolutionary status, it opens the door to
+positive changes regarding intellectual property rights and
+licensing.&rdquo;).
+</p>
+
+<p>
+Daniel B. Ravicher, FACILITATING COLLABORATIVE SOFTWARE DEVELOPMENT:
+THE ENFORCEABILITY OF MASS-MARKET PUBLIC SOFTWARE LICENSES, 5
+Va. J.L. &amp; Tech. 11 (2000) (&ldquo;Although numerous claims of
+infringement and threats to seek legal resolution of software
+copyright issues have been made, no court ha[d] yet ruled on the
+enforceability of public software licenses.  As a result, companies
+desiring to follow the open model of software development must bear
+the cost of this legal uncertainty, which, in turn, reduces the
+ability of these companies to compete in markets occupied by closed
+model firms.  [The article] addresses every conceivable argument
+against the enforceability of public software licenses [and concludes
+that] [b]ased on current relevant doctrine and prevailing public
+policy interests, public software licenses that adhere to distinct
+procedural requirements are enforceable.&rdquo;).
+</p>
+
+<h3>ADMINISTRATIVE MATERIALS</h3>
+
+<p>
+AN OVERVIEW OF &ldquo;OPEN SOURCE&rdquo; SOFTWARE LICENSES: A REPORT
+OF THE SOFTWARE LICENSING COMMITTEE OF THE AMERICAN BAR ASSOCIATION'S
+&ldquo;INTELLECTUAL PROPERTY&rdquo; SECTION, available at
+http://www.abanet.org/intelprop/opensource.html (last modified
+November 6, 2001) (&ldquo;This paper's purpose is to flag some of the
+legal issues in an effort to provide a resource for software licensing
+lawyers who are requested to counsel their clients on the positive and
+negative aspects of [open source] licenses.  Despite the many
+advantages of open source software licenses, there are reasons why
+lawyers must be cautious about recommending open source to their
+clients for inclusion in commercial software products.&rdquo;).
+</p>
+
+</div>
+<!--#include virtual="/server/footer.html" -->
+<div id="footer">
 
-<html>
-
-<head>
-<title>Documentation of the GNU project --Bibliography of Legal Writings on 
the GPL</title>
-<link rev="made" href="mailto:address@hidden";>
-</head>
-
-<body bgcolor="#FFFFFF" text="#000000" link="#1F00FF" alink="#FF0000" 
vlink="#9900DD">
-<h3>Bibliography of Legal Writings on the GPL</h3>
-
-<p>
-
-<a href="/graphics/agnuhead.html"><img src="/graphics/gnu-head-sm.jpg"
- alt=" [image of the Head of a GNU] " width="129" height="122"></a>
-
-[ <!-- Please keep this list alphabetical -->
-<a href="/doc/bibliography.html">English</a>
-]
-
-<br>
-<P>
-<HR>
-<br>
-
-<table style="margin-right: 10px; float: left" frame="box" bgcolor="f2f2f9" 
cellspacing="5">
-
-<tr><td><a href="http://www.gnupress.org";>GNU Press Home Page</a></td></tr>
-
-<tr><td><a 
href="http://www.gnupress.org/gnupresspub.html#Anchor-BOOK-61299";>Books In 
Print</a></td></tr>
-
-<tr><td><a 
href="http://www.gnupress.org/gnupresspub.html#Anchor-Software";>Software on 
CD</a></td></tr>
-
-<tr><td><a href="http://www.gnupress.org/isbn.html";>ISBN List</a></td></tr>
-
-<tr><td><a href="http://www.gnu.org/gear/gear.html";>GNU Gear Page</a></td></tr>
-
-<tr><td><a 
href="http://www.gnu.org/gear/gear.html#Anchor-Clothing";>Clothing</a></td></tr>
-
-<tr><td><a href="http://www.gnu.org/gear/gear.html#Anchor-Wall-Art";>Wall 
Art</a></td></tr>
-
-<tr><td><a 
href="http://www.gnu.org/gear/gear.html#Anchor-Other-Fan-Gear";>Other Fan 
Gear</a></td></tr>
-
-<tr><td><a href="http://order.fsf.org/";>Order Form</a></td></tr>
-
-<tr><td><a href="http://www.gnupress.org/potentialauthors.html";>For 
Authors</a></td></tr>
-
-<tr><td><a href="http://www.gnupress.org/resellers.html";>For 
Resellers</a></td></tr>
-
-<tr><td><a href="http://www.gnupress.org/teachingprofessionals.html";>For 
Teachers</a></td></tr>
-
-<tr><td><a href="http://www.gnupress.org/doc/contact.html";>Contact 
Us</a></td></tr>
-
-<tr><td><a href="http://www.fsf.org";>FSF Home Page</a></td></tr>
-
-<tr><td><a href="http://www.gnu.org";>GNU Project Home</a></td></tr>
-
-</table>
-
-<table border="0" cellpadding="0" cellspacing="2" width="500">
-
-<tr>
-
-<td>
-<b>CASE LAW</b>
-
-<p>
-
-</td>
-
-</tr>
-
-<tr>
-
-<td>
-PLANETARY MOTION, INC. v. TECHSPLOSION, INC., 261 F.3d 1188 (11th Cir. 2001) 
(&#147;Software distributed pursuant to [the GNU General Public License] is not 
necessarily ceded to the public domain and the licensor purports to retain 
ownership rights, which may or may not include rights to a mark&#148;).
 <p>
-</td>
-</tr>
-
-<tr>
-<td>
-<b>LAW REVIEW ARTICLES</b>
-<P>
-</td>
-</tr>
-
-<tr>
-<td>
-Patrick K. Bobko, LINUX AND GENERAL PUBLIC LICENSES: CAN COPYRIGHT KEEP 
&#147;OPEN SOURCE&#148; SOFTWARE FREE?, 28 AIPLA Q.J. 81 (2000) (&#147;Using 
Linux as the subject of analysis, this article discusses the enforceability of 
the licenses that protect non-proprietary software and keep it 
&quot;open-source.&quot; The analysis involves two primary issues: whether the 
improvements made to Linux are derivative works or are themselves 
copyrightable, and whether the GPL is an enforceable non-exclusive 
license.&#148;).
-
-<p>
-
-Patrick K. Bobko, OPEN-SOURCE SOFTWARE AND THE DEMISE OF COPYRIGHT, 1 Rutgers 
Computer &amp; Tech. L.J. 51 (2001) (&#147;With the emergence of open-source 
software (&quot;OSS&quot;), some of the debate over copyright protection has 
taken a new focus. Although OSS depends upon copyright protection for its 
continued existence, the economic incentives of OSS are not the traditional 
economic incentives assumed by copyright law because they do not arise out of a 
monopoly of the copyrighted material. As a result, copyright law plays a 
diminished role in OSS. Part I of this article examines the economic foundation 
of the commercial software industry and its reliance upon copyright law, 
highlighting the current debate concerning the appropriate level of software 
protection for a program's non-literal elements. Part II examines OSS and its 
impact on the information industries with particular emphasis on its freedom 
from market pressures and technical superiority over its proprietary 
counterparts. This article concludes that although some copyright protection is 
required to perpetuate the open- source movement, OSS' emergence has 
substantially mooted the current debate over the appropriate level of 
protection for a program's non-literal elements.&#148;).
-
-<p>
-
-Robert W. Gomulkiewicz, HOW COPYLEFT USES LICENSE RIGHTS TO SUCCEED IN THE 
OPEN SOURCE SOFTWARE REVOLUTION AND THE IMPLICATIONS FOR ARTICLE 2B, 36 Hous. 
L. Rev. 179 (1999) (&#147;This Article examines the origins and continuing 
momentum of the open source revolution. It then discusses the principles of 
open source licensing and why licensing is central to the open source 
revolution. The Article concludes by discussing the implications that copyleft 
licensing principles have for proposed Article 2B of the Uniform Commercial 
Code (&quot;UCC&quot;), a provision that would govern software licenses. The 
Article points out that in order to foster innovative developments such as the 
open source revolution, Article 2B needs to, among other things, validate the 
enforceability of standard-form mass-market licenses, preserve the ability of 
software developers to freely allocate risk, and provide sensible contract 
default rules.&#148;).
-
-<p>
-
-Teresa Hill, NOTE: FRAGMENTING THE COPYLEFT MOVEMENT: THE PUBLIC WILL NOT 
PREVAIL, 1999 Utah L. Rev. 797 (1999) (&#147;This Note analyzes the copyleft 
movement from the traditional sociological perspectives of social movement 
theory. Specifically, this Note investigates whether the copyleft movement will 
effectuate any change in intellectual property considering the fragmentation of 
the movement by emerging market changes. In Part II, this Note examines the 
historical development of copyright and its application to computer software, 
specifically focusing on courts' inconsistent application of copyright law to 
new technology. Part III next examines what the copyleft movement is, how the 
copyleft movement developed, and how the general criticisms of traditional 
notions of copyright as applied to computer software are incorporated into the 
copyleft movement. Part IV analyzes the copyleft movement and its 
fragmentation, arguing that to the public's detriment, copyleft will not be the 
force that drives the nail in the coffin of copyright. In conclusion, this Note 
argues that the fragmentation of the copyleft movement will ultimately render 
it unable to affect radical legal changes in intellectual property.&#148;).
-
-<p>
-
-Natasha T. Horne, OPEN SOURCE SOFTWARE LICENSING: USING COPYRIGHT LAW TO 
ENCOURAGE FREE USE, 17 Ga. St. U. L. Rev. 863 (2001) (&#147;Part I of this Note 
reviews the history and philosophies of the open source movement. Part II 
discusses the roles copyright and software licensing play in open source 
software development. Part III examines the licensing terms of several popular 
open source licenses used today. Part IV provides a few pointers for selecting 
a license. Finally, Part V suggests that the open source movement may be 
disproving the need for financial incentives under copyright law.&#148;).
-
-<p>
-
-Nigel Howard, Dan Ravicher, Ken Johnson, HOW TO USE PATENT LAW TO THE 
ADVANTAGE OF OPEN-SOURCE SOFTWARE DEVELOPERS, 7 NO. 7 Intell. Prop. Strategist 
1 (May 2001) (&#147;At first glance, patent law appears to impede those engaged 
in the free distribution of software: Software patents give their owners the 
right to prevent others from practicing the claimed software. However, patent 
law may in fact be a potential friend to those engaging in open-source/free 
software development. But the picture is not all rosy. To evaluate how best to 
take advantage of patent law to achieve an open-source software developer's 
business objectives, you need to be aware of both the potential benefits and 
pitfalls that patent law poses to open-source development.&#148;).
-
-<p>
-
-Dennis M. Kennedy, A PRIMER ON OPEN SOURCE LICENSING LEGAL ISSUES: COPYRIGHT, 
COPYLEFT AND COPYFUTURE, 20 St. Louis U. Pub. L. Rev. 345 (2001) (&#147;This 
article &#133; discuss[es] the Open Source history and the role of the Open 
Source Definition, describe[s] the general categories of Open Source licenses, 
survey[s] generally some of the legal issues raised in the Open Source approach 
and with the Open Source licenses, and draw[s] some tentative conclusions about 
the likely impact of Open Source on traditional copyright and licensing law as 
it becomes a more significant component of the Internet and computer systems, 
as well as a part of our way of thinking about intellectual property and 
licensing in a rapidly changing world.&#148;).
-
-<p>
-
-Marcus Maher, OPEN SOURCE SOFTWARE: THE SUCCESS OF AN ALTERNATIVE INTELLECTUAL 
PROPERTY INCENTIVE PARADIGM, 10 Fordham Intell. Prop. Media &amp; Ent. L.J. 619 
(2000) (&#147;This paper &#133; provid[es] a factual introduction into the 
details of the open source development process. Next, a background introduction 
to complexity theory [is] provided. The features of open source development 
[are] then &#133; analyzed, uncovering the complex nature of open source 
development. While the complex nature of open source software provides an 
explanation as to its technical success, it also provides insight into a number 
of problems that are facing the open source community. The threats to the 
complex nature of open source development [are] considered and means of 
circumventing these problems suggested. Finally, the potential for complexity 
to solve some anticipated open source problems [is] discussed.&#148;).
-
-<p>
-
-David McGowan, LEGAL IMPLICATIONS OF OPEN-SOURCE SOFTWARE, 2001 U. Ill. L. 
Rev. 241 (2001) (&#147;Using the GNU/Linux operating system as a case study, 
[Professor McGowan] probes the organization of the open-source community and 
the philosophies of its leading members in order to understand how traditional 
firm models, intellectual property, and contract law might apply. Professor 
McGowan concludes by reviewing recent attempts by courts to impose traditional 
principles in computer software transaction disputes. Ultimately, it appears 
that the open-source community cannot be neatly categorized. Although many 
traditional firm theories--such as the formation of a hierarchy--and legal 
principles--such as copyright--do apply to the open-source model, these 
theories and principles are employed in creative ways not previously 
envisioned.&#148;).
-
-<p>
-
-Stephen M. McJohn, THE PARADOXES OF FREE SOFTWARE, 9 Geo. Mason L. Rev. 25 
(2000) (&#147;For many software producers, the fact that their customer 
receives only the executable code is important. The producer attempts to 
maintain control over the code in two ways. She can deliver only the executable 
code, so the licensee can run the program but little else. She can also deliver 
the code subject to a license that restricts further copying and distribution, 
so the licensee does not turn around and sell or give copies to other potential 
customers. Open source software producers, by contrast, grant much freer 
access, both practically and legally, by delivering source code along with the 
executable code, and by freely granting permission to modify and further 
distribute the software. As discussed in the [article], open source software 
both challenges the theoretical underpinnings of intellectual property law and 
promises to affect the development of intellectual property law.&#148;).
-
-<p>
-
-Shawn W. Potter, OPENING UP TO OPEN SOURCE, 6 Rich. J.L. &amp; Tech. 24 (2000) 
(&#147;This paper is structured to address several purposes in its discussion 
of the open source movement. First, Part III &#133; discuss[es] on a broad 
level how society benefits from a software development process like open 
source, and how open source affects copyright and traditional notions of 
software piracy and reuse. Part III &#133; also reviews[s] solutions that open 
source offers and outline the problems that may occur as the open source model 
continues to unfold. Part IV &#133; considers the contemporary objections to 
open source products, and &#133; demonstrate[s] that copyright, licensing, and 
warranties - the legal issues in software - basically make purchasers no worse 
off under an open source environment than a proprietary paradigm. As such, 
businesses and consumers should not shy away from open source products. Part V 
crystalizes the underlying issue in this paper: open source has many beneficial 
aspects, but still, the market has been slow to accept it. The article 
concludes with possible solutions to the problem of slow acceptance, as the 
author asserts that both the market and government can take steps to foster the 
growth of open source. In the end, the reader will recognize that the 
traditional objections to open source software are fairly minimal. While open 
source may not reach revolutionary status, it opens the door to positive 
changes regarding intellectual property rights and licensing.&#148;).
-
-<p>
-
-Daniel B. Ravicher, FACILITATING COLLABORATIVE SOFTWARE DEVELOPMENT: THE 
ENFORCEABILITY OF MASS-MARKET PUBLIC SOFTWARE LICENSES, 5 Va. J.L. &amp; Tech. 
11 (2000) (&#147;Although numerous claims of infringement and threats to seek 
legal resolution of software copyright issues have been made, no court ha[d] 
yet ruled on the enforceability of public software licenses. As a result, 
companies desiring to follow the open model of software development must bear 
the cost of this legal uncertainty, which, in turn, reduces the ability of 
these companies to compete in markets occupied by closed model firms. [The 
article] addresses every conceivable argument against the enforceability of 
public software licenses [and concludes that] [b]ased on current relevant 
doctrine and prevailing public policy interests, public software licenses that 
adhere to distinct procedural requirements are enforceable.&#148;).
-
-<p>
-
-</td>
-
-</tr>
-
-<tr>
-
-<td>
-<b>ADMINISTRATIVE MATERIALS</b>
-
-<p>
-
-</td>
-
-</tr>
-
-<tr>
-
-<td>
-AN OVERVIEW OF &quot;OPEN SOURCE&quot; SOFTWARE LICENSES: A REPORT OF THE 
SOFTWARE LICENSING COMMITTEE OF THE AMERICAN BAR ASSOCIATION&#146;S 
INTELLECTUAL PROPERTY SECTION, available at http://www.abanet.org/intelprop/ 
opensource.html (last modified November 6, 2001) (&#147;This paper&#146;s 
purpose is to flag some of the legal issues in an effort to provide a resource 
for software licensing lawyers who are requested to counsel their clients on 
the positive and negative aspects of [open source] licenses. Despite the many 
advantages of open source software licenses, there are reasons why lawyers must 
be cautious about recommending open source to their clients for inclusion in 
commercial software products.&#148;).
-</td>
-</tr>
-</table>
+Please send FSF &amp; GNU inquiries to 
+<a href="mailto:address@hidden";><em>address@hidden</em></a>.
+There are also <a href="/contact/">other ways to contact</a> 
+the FSF.
+<br />
+Please send broken links and other corrections or suggestions to
+<a href="mailto:address@hidden";><em>address@hidden</em></a>.
+</p>
 
 <p>
-<hr>
+Please see the 
+<a href="/server/standards/README.translations.html">Translations
+README</a> for information on coordinating and submitting
+translations of this article.
+</p>
 
-<p>
-Please send comments on these web pages to <a href="mailto:address@hidden";>
-<em>address@hidden</em></a>, send other questions to 
-<a href="mailto:address@hidden";><em>address@hidden</em></a>.
 
 <p>
-Copyright &copy; 2001, 2002, 2003, 2004, 2005, 2006 
-Free Software Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA 
02110-1301, USA
-
+Copyright &copy; 2001, 2002, 2003, 2004, 2005, 2006, 2009 Free
+Software Foundation, Inc.</p>
 <p>
-Verbatim copying and distribution of this entire article is permitted in any 
medium, provided this notice is preserved.
+Verbatim copying and distribution of this entire article is permitted
+in any medium, provided this notice is preserved.
+</p>
 
 <p>
 Updated: 
 <!-- timestamp start -->
-$Date: 2006/05/01 10:04:13 $ $Author: ramprasadb $ 
+$Date: 2009/01/15 15:54:16 $
 <!-- timestamp end -->
-<hr>
+</p>
+</div>
+
+<div id="translations">
+<h4>Translations of this page</h4>
+
+<!-- Please keep this list alphabetical by language code. -->
+<!-- Comment what the language is for each type, i.e. de is German. -->
+<!-- Write the language name in its own language (Deutsch) in the text. -->
+<!-- If you add a new language here, please -->
+<!-- advise address@hidden and add it to -->
+<!--  - /home/www/html/server/standards/README.translations.html -->
+<!--  - one of the lists under the section "Translations Underway" -->
+<!--  - if there is a translation team, you also have to add an alias -->
+<!--  to mail.gnu.org:/com/mailer/aliases -->
+<!-- Please also check you have the language code right; see: -->
+<!-- http://www.loc.gov/standards/iso639-2/php/code_list.php -->
+<!-- If the 2-letter ISO 639-1 code is not available, -->
+<!-- use the 3-letter ISO 639-2. -->
+<!-- Please use W3C normative character entities. -->
+
+<ul class="translations-list">
+<!-- English -->
+<li><a href="/doc/bibliography.html">English</a>&nbsp;[en]</li>
+</ul>
+</div>
+</div>
 </body>
 </html>
-




reply via email to

[Prev in Thread] Current Thread [Next in Thread]