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Open Source Software and Intellectual Property Rights

ISBN13: 9789041152282
Published: June 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £148.00

Despatched in 5 to 7 days.

Debate is raging as regards intellectual property and software. Neither copyright law nor patent law seem to satisfy the requirements of software protection.

This legal uncertainty has led to the laws becoming subject to exploitation by corporate and other entities for vested agendas. The resentment towards the inadequacies of laws and practices and their subsequent exploitation is highlighted by the emergence of alternative development models, most notably by the open source software model.

This book proposes a sui generis model for software, following the pattern of recently developed technological distinctions in such fields as database protection, integrated computer circuits, plant breeders’ rights, and the recognition given to collective rights like collective trademark, geographical indication, and traditional knowledge. The author approaches his proposal of a model software law via a thorough analysis of the matter, involving such issues and topics as the following:-

  • contract law versus licensing law;
  • existing public licenses and public distribution systems;
  • scope of the license – geographic regions and markets, fields of use and products, sublicensing, royalties;
  • exclusions, term, revocation, and termination of license;
  • copyleft and infectious terms;
  • distribution – system libraries, kernel modules, source code editors, compilers;
  • patents and interoperability;
  • ;applicability of the principle of exhaustion, the unclean hands defence, and the misuse doctrine;
  • implied license;
  • internationalization challenges; and
  • status and standing of subsidiaries, controlled companies, and affiliates.

The author’s analysis draws on case law, legal commentaries, books, journal articles, trade journals, and magazines, as well as on informal interviews and discussions with academicians and practitioners. A full model software law is presented in the last chapter. The book puts forth a major initiative to correct the balance between public and private rights to computer software.

Given the pervasiveness and economic importance of the software industry, the sui generis scheme presented here will be of great interest to all involved stakeholders – software developers, corporate entities, legal practitioners, academicians, government institutions and legislative bodies, and academics in the field.

Information Technology Law, Intellectual Property Law
1. Introduction.
2. Genesis of the Institution.
3. The Legal Governance Structure.
4. The Licensing Regime.
5. Licensing and Rights Management.
6. Improvements Management: Licensing and Copyright Law.
7. Improvements Management: Patent Law.
8. The Case for Interoperability.
9. Challenges: Issues in Law.
10. Challenges: Issues in Licensing.
11. Commercialization.
12. Software Protection: The Sui Generis Option.
13. Software Protection: Revisiting the Sui Generis Option.
1. GNU General Public License, v2.
2. GNU General Public License, v3.
3. The BSD License.
4. Mozilla Public License, v1.1.
5.The Open Software License 3.0.

Series: Information Law Series

Variable Scope of the Exclusive Economic Rights in Copyright ISBN 9789041149152
Published May 2014
Kluwer Law International
Codification of European Copyright Law: Challenges and Perspectives ISBN 9789041141453
Published December 2012
Kluwer Law International
Copyright Enforcement and the Internet ISBN 9789041133465
Published November 2010
Kluwer Law International
Public Broadcasting and European Law ISBN 9789041125002
Published May 2008
Kluwer Law International
Copyright, Limitations and the Three-step Test ISBN 9789041122674
Published January 2004
Kluwer Law International
Data Protection Law: Approaching Its Rationale, Logic and Limits ISBN 9789041198709
Published August 2002
Kluwer Law International
The Commodification of Information
ISBN 9789041198761
Published July 2002
Kluwer Law International
Copyright Limitations and Contracts ISBN 9789041198679
Published February 2002
Kluwer Law International
Copyright and Electronic Commerce
Edited by: Hugenholtz
ISBN 9789041197856
Published April 2000
Kluwer Law International
Intellectual Property and Information Law: Essays in Honour of Herman Cohen Jehoram ISBN 9789041197023
Published January 1999
Kluwer Law International
From Privacy Toward a New Intellectual Property Right in Persona ISBN 9789041103550
Published February 1997
Kluwer Law International
The Future of Copyright in a Digital Environment
ISBN 9789041102676
Published July 1996
Kluwer Law International
Challenges to the Creator Doctrine
ISBN 9789065448767
Published August 1994
Kluwer Law International
Copyright and Photographs: An International Survey ISBN 9789041197221
Published December 0002
Kluwer Law International