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Copyright Law

ThinkingOpen ThinkingOpen

News, notes and thoughts on open source software and technology licensing law.
By Jason Haislmaier

Post Frequency: 0.1/day

Last Entry: December 04, 2008 at 16:43:26

Recent Entries: 30

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And Who Says Entrepreneurs Don?t Care About IP?

Posted on December 04, 2008
Last night I had the pleasure of presenting a  “Crash Course” on Intellectual Property for Entrepreneurs at the University of Colorado here in Boulder.  The presentation was well attended (especially given that it was the night of our first real snow storm for the season here in Boulder) and the Q&A following the presentation really [...


Posted on September 14, 2008


The Decision All Of Open Source Has Been Waiting For

Posted on August 15, 2008
As has been widely publicized in the industry, legal and even mainstream media, on Wednesday of this week the U.S. Court of Appeals for the Federal Circuit (CAFC) issued its decision in the closely-watched case of Jacobsen v. Katzer. In its decision, the CAFC confirmed one of the core legal assumptions upon which the [...


ABA Open Source Panel in New York

Posted on August 15, 2008
While much of the open source community was in San Francisco last week at the LinuxWorld Expo , I was in New York at the 2008 Annual Meeting of the American Bar Association (ABA) speaking at the “Life after GPLv3: New Developments in Open Source Software Licensing” event organized by the ABA Section of Intellectual [...


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Heading to New York?

Posted on July 22, 2008
I will be in New York on August 8th to speak on a panel at this year’s American Bar Association (ABA) Annual Meeting. The panel, titled “Life after GPLv3: New Developments in Open Source Software Licensing” is sponsored by the ABA Section of Intellectual Property Law and is being held at 2:00 PM on [...


BusyBox Goes Extreme

Posted on July 22, 2008
Adding to the already substantial list of lawsuits filed on behalf of its clients Erik Andersen and Rob Landley (the two principal developers of the BusyBox open source utility), the The Software Freedom Law Center (SFLC) has announced today the filing of yet another suit alleging copyright infringement based on a violation of version 2 [...


Red Hat Settles with Firestar

Posted on June 11, 2008
News out of Boston that Red Hat has settled the long-running patent infringement lawsuit filed against it by Firestar Software and a later suit filed against the company by DataTern. Filed on June 26, 2006, the lawsuit by Massachusetts-based software vendor Firestar Software, Inc...


BusyBox is Back, Back Again

Posted on June 10, 2008
The Software Freedom Law Center (SFLC) has announced today that it has filed a new round of lawsuits on behalf of its clients Erik Andersen and Rob Landley (the two principal developers of the BusyBox open source utility) alleging copyright infringement based on a violation of version 2 of the GNU General Public License (GPL)...


Intellectual Property and Sarbanes-Oxley?

Posted on June 08, 2008
What does the Sarbanes-Oxley Act of 2002 (or “SOX”) have to do with intellectual property you ask? While these two topics have historically made for strange bedfellows, the importance of managing intellectual property assets and issues surrounding those assets under Sarbanes-Oxley is increasingly becoming a potential trap for the unwary...


OSBC 2008 Presentations Online

Posted on April 05, 2008
Last week marked the completion of another very successful Open Source Buinsess Conference (OSBC) in San Francsico.  Presentations from OSBC 2008 are now online. Included among those presentations is my presentation on Putting Open Source Compliance to Work (On Your Own Terms)...


SFLC Settles With Verizon - Lessons Learned

Posted on March 18, 2008
The Software Freedom Law Center (SFLC) announced on Monday that an agreement has been reached to dismiss the lawsuit brought by Eric Andersen and Rob Landley, the two principal developers of the BusyBox open source software utility, against telecommunications giant Verizon Communications alleging that Verizon violated version 2 of the GNU General Public License (GPL) [...


?Lawyering Skills? Courtesy of the U.S. Supreme Court

Posted on March 12, 2008
For those of you who have not yet seen this (and I was one of you until earlier today), Bryan Garner, the founder of LawProse and the editor-in-chief of Black’s Law Dictionary (as well as a fantastic version of the Official Rules of Golf), has recently conducted a series of interviews with of the Justices [...


How Do I Build an Enforceable Online Agreement? ? Not (Always) the Way SalesForce.com or Google Would

Posted on March 08, 2008
The issue comes up on an increasingly frequent basis. A client is preparing to begin delivery of a new service (or product) through their web site. As part of their preparations, the client involves me (or, let’s say “an attorney”) to help them implement an online (”click-through” or “click-to-accept”) contract covering the terms [...


Busy Box Settles Another Case

Posted on March 05, 2008
News today from the Federal District Court for the Southern District of New York that Eric Andersen and Rob Landley, the two principal developers of the BusyBox open source utility, have moved to voluntarily dismiss the case they brought again High-Gain Antennas alleging that High-Gain had violated the GNU General Public License (GPL) by distributing [...


Data Breach Notification Laws - Not Just For California Anymore

Posted on March 04, 2008
It has now been more than five years since California became the first state to pass a data breach notification law (California SB 1386) mandating that companies notify consumers when they have lost the consumer’s personal data.  While not all states have followed suit, the folks at CSOonline have published a very handy resource [...


Cert denied on In re Seagate

Posted on March 04, 2008
A quick update on a previous post regarding In re Seagate Technology LLC. In Seagate, the Court of Appeals for the Federal Circuit CAFC expressly overturned prior precedent and raised the standard for determining whether a patent infringement is willful from one requiring an ?affirmative duty to exercise due care to determine whether or [...


Say It Isn?t So Brett. . .

Posted on March 04, 2008
Yes, this is off topic, but for a loyal and lifetime fan of the Green Bay Packers — in fact, for any fan of football (American football, that is) and many sports fans in general — today is indeed a bittersweet day. After 17 seasons of gritty plays, ironman performances and breathtaking victories in [...


IP ?Crash Course? Online

Posted on February 19, 2008
Thanks to the sponsorship of Silicon Flatirons, TechStars, the Longmont Entrepreneurial Network (or ?LEN? for short), and Colorado Capital Group we were able to put on a great Intellectual Property “Crash Course” for Entrepreneurs presentation at the end of last month before a standing-room-only crowd at the University of Colorado School of Law...


BSC SaaSy Slides Online

Posted on February 19, 2008
Albeit a bit belatedly, I would like to thank the Boulder Software Club and my co-presenters Kirk Holland (General Partner at Vista Ventures), Don Hazell (EVP Worldwide Sales and Field Operations at Rally Software) and Jim Pollock (President of AWhere Inc...


So, Just How Patentable is Software Anyway?

Posted on February 18, 2008
It appears that the Court of Appeals for the Federal Circuit (CAFC) — the court having exclusive jurisdiction over appeals in patent infringement cases here in the U.S. — is going to consider this very question in the near future. Last week the CAFC agreed to grant a relatively rare en banc review [...


Getting SaaSy with the Boulder Software Club

Posted on January 17, 2008
Even if you have not been listening all that carefully, you can’t help but have heard the steady stream of commentary and analysis of late surrounding the growth in popularity of the Software as a Service (SaaS) model. Indeed, IDC, McKinsey Consulting, Goldman Sachs, and even Brad Feld appear to be bullish on the rise [...


McAfee Issues Risk Factor Over Open Source Licenses

Posted on January 04, 2008
Computer security firm McAfee has included a risk factor in its most recent annual report filed last month with the Securities and Exchange Commission (SEC) warning investors of potential risks posed to the company by “ambiguous” license terms governing open source software used in McAfee products...


Back to IP Basics

Posted on January 03, 2008
I was fortunate enough last year to sit through a number of extremely interesting investor pitch presentations given by entrepreneurs involved with various technology start-ups. While (not surprisingly) no presentation was completely focused on intellectual property, each took the time to address the role played by IP in their overall business strategy...


Open Source Compliance (On Your Own Terms)

Posted on December 26, 2007
As Sean Michael Kerner mentioned in a recent article over on InternetNews to which I contributed, the BusyBox lawsuits are one example of the increased scrutiny being applied to open source license compliance (and open source in general). For those of you following open source legal issues, this scrutiny should not come as much [...


New OLPC for Me (Christmas Comes Early)

Posted on December 23, 2007
The XO laptop computer that I ordered earlier this Fall through the One Laptop Per Child (OLPC) project Give One Get One program arrived yesterday just in time for the holidays (courtesy of FedEx). This, of course, means that Christmas has come a bit early this year for me (and my daughter) — however, courtesy [...


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