On opensource.com you may often encounter references to "the open source way". My colleagues at Red Hat who use this phrase are, I think, looking at the most iconic, mature and commercially significant examples of the development model that is, today, closely associated with open source software,... Read more
"CBS uncovers rare Jack Benny treasures, puts them back and tosses out the key." We need an Orphan Works Act before we lose more of our social and cultural heritage to time and memory.
When the Supreme Court heard oral argument in the Bilski case a few weeks ago, I was fortunate enough to be in attendance at their courtroom in Washington, D.C. I'd previously worked on a brief for Red Hat arguing that the Court should address the harm that software patents cause to innovation.... Read more
When I came to Red Hat, I had to make about a 180-degree shift in my approach to my work. My practice is in trademarks, copyrights and patents, fields that are traditionally all about excluding others. Counseling clients was about how to keep anyone else from using what was yours.
Let's bring back barratry, maintenance, and champerty for patent lawsuits. Combine that with a limitation on the assignment of patents and a lot of patent trolls would be out of business. This is what barratry, maintenance and champerty meant in England in 1916:
Bradley Kuhn at the Software Freedom Law Center has posted some advice on reporting GPL violations - "Assume the violation is an oversight or an accident by the violator until you have clear evidence that tells you differently."
In the past, German Chancellor Angela Merkel and other Europeans have objected to the Google book scanning project and the proposed settlement. The reasons I've heard for the objection include the absence of protection for moral rights in the U.S., that foreign works published in the U.S. may not... Read more
There is no morality in copyright, it's just a tool. I have no problem with anyone who believes that their own best interests are furthered by refusing any licensing of their work, and I respect that decision. Don't want your music to be shared? That's your choice - maybe it's not smart or... Read more