Law

Need cash? NLnet advances open source technology by funding new projects

Laying fundaments

In April 1982, exactly 30 years ago, the European Internet was launched by the Dutch researcher Teus Hagen, at a European Unix User Group conference in Paris. EUnet was the very first European Internet backbone. NLnet Foundation subsequently took the lead of this initiative, and not only helped shape the European Internet, but was fundamental in establishing the currently biggest Internet exchange on the planet, and also built out a market leadership. In September 1997, so 15 years ago, it was acquired by UUnet, now Verizon. All money was put in a fund with the sole purpose to make the Internet better.

In the second half of its life NLnet became one of the leading » Read more

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SAS v. WPL decision addresses boundaries of copyrights on software

SAS v. WPL court addresses boundaries of copyrights on software

Last week the European Court of Justice (ECJ), the highest court in the European Union on matters of EU law, issued a judgment in the case of SAS Institute Inc. v. World Programming Ltd, C-406/10, which was referred to the court for a preliminary ruling by the UK's High Court of Justice for England and Wales, Chancery Division. » Read more

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Oracle v. Google shows the folly of U.S. software patent law

Oracle v. Google shows the folly of U.S. software patent law

Oracle v. Google has all the ingredients of an epic, high-stakes courtroom battle: a damages claim of up to $1 billion over the use of Java in the popular Android operating system, testimony by both Larrys (CEOs Page and Ellison) in the first week alone, and, of course, the disposition of some interesting legal issues, not the least of them whether APIs can be copyrighted.

But, more than all of that, the case serves as an important teaching moment, illustrating much of what doesn’t work in our patent system. » Read more

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Supreme Court orders reconsideration of breast cancer gene patent decision

Yesterday, the Supreme Court vacated Association for Molecular Pathology v. Myriad Genetics and remanded the case for further consideration in light of last week's Prometheus decision, which stated that the laws of nature are unpatentable. The Myriad case concerns the patentability of the BRCA1 and BRCA2 breast cancer genes. » Read more

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Prometheus bound: An important precedent for the next software patent case

Supreme Court

The Supreme Court’s new opinion on patent eligibility is an important step in the right direction in addressing the problem of software patents. It shows that the Court is mindful of the risks that patents can hold for innovation, and will provide a useful precedent for the next big software patents case.  » Read more

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Pinterest and copyright: Why you should keep sharing--and keep pinning

Pinterest logo

Pinterest is a social site for image sharing around themes that launched in closed beta in March 2010. As the site proceeded through an invite system and finally registration requests, it gained a considerable following and was one of Time's "50 Best Websites of 2011." In January 2012, it drove more referral traffic to retailers than YouTube, Google+, and LinkedIn combined and became the fastest site to ever break 10 million unique visitors. As its popularity increases, so have concerns about whether its users aren't just sharing their favorite things, but engaging one another in the web's largest copyright infringement platform. » Read more

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Infographic: How patents hinder innovation

How patents hinder innovation

Patents may have been created to help encourage innovation, but instead they regularly hinder it. The US Patent Office, overwhelmed and underfunded, issues questionable patents every day. "Patent trolls" buy too many of these patents and then misuse the patent system to shake down companies big and small. Others still use patents to limit competition and impede access to new knowledge, tools, or other innovations. » Read more

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A cure for the common troll

A cure for the common troll

Our bridge into the 21st Century presently houses a nasty creature who demands a toll from the best and brightest in our community. The dreaded troll is a regular denizen of our current system of patent enforcement and he poses serious problems for technology companies. Despite the great expense of patent litigation, trolls are filing increasing numbers of patent suits aimed at technology companies, and particularly aimed at software and related areas of commerce. Their club of choice is the broad, complex, and vague patent claim. There are several means at our disposal, most of which are based on known mechanisms from other areas of the law, for dealing with these trolls, or more diplomatically, these "non-practicing entities." » Read more

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Why the patent system doesn't play well with software: If Eolas went the other way

Why the patent system doesn't play well with software: If Eolas went the other

Everyone take a deep breath: it seems we've had a moment of sanity in the patent wars. Last week, a jury invalidated the dangerous Eolas patents, which their owner claimed covered, well, essentially the whole Internet. The patents were originally granted for an invention that helped doctors to view images of embryos over the early web. A few years later, smelling quick cash, their owner insisted that it had a veto right on any mechanism used to embed an object in a web document. Really? The patents are obvious—both now in 2012 and back in 1994, when the first one was filed. Thankfully, a jury realized that and did what should have happened years ago: it invalidated these dangerous patents. » Read more

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The first FOSDEM Legal Issues DevRoom

The first FOSDEM Legal Issues DevRoom

For FOSDEM 2012, held last weekend in Brussels, I had the privilege of co-organizing (with Tom Marble, Karen Sandler, and Bradley Kuhn) the first-ever DevRoom track devoted to discussion of legal issues relating to free/libre/open source software. With several thousand attendees and hundreds of sessions, FOSDEM is one of the largest FLOSS conferences in the world, and surely the largest in Europe. This makes it all the more remarkable that FOSDEM is a free-admission, non-commercial community event, organized and administered entirely by volunteers.

The idea of a Legal DevRoom being untested, FOSDEM's organizers gave us a single day and a relatively small room. Our basic goal was to » Read more

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