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Table Of Contents

PREFACE
The Economic and Legal Foundations of Intellectual Property
Law and Code
The Types of Intellectual Property
Intellectual Property and Market Failure
SCIENCE AND USEFUL ARTS
Evaluating the System
The Patent Document
The Construction of a Patent
Face of the patent
The Face of the Patent
The Body of the Patent
The Claims
Other Resources
The Patent System
The Patent System As a Knowledge Cache
Requirements for Getting a Patent
Getting a Patent
Patent Proliferation
Copyright
Copyright in Context
The Terms of Copyright
Trademarks Defined
The Economic Function of Trademarks
Modern Trademark Law in the United States
Licenses and Firewalls
Why Contracts and Licenses Matter
Contract Law Principles
Intellectual Property Contracts
Applying a License to Intellectual Property
The Economic and Legal Foundations of Open Source Software
A Brief Digression into Terminology
Understanding Open Source
Credit Unions and Open Source: An Analogy
The Role of Open Source Licenses
The Open Source Definition
Different Types of Open Source Licenses
So I Have an Idea
Cautionary Tales
Employees and Inventions
Look At What You Sign
The Employer-Employee Relationship
LAWYERS AND FAILURE CONDITIONS
Tell the Company
What Do You Do?
Choosing a License
Why Do I Need a License?
No License Required
Proprietary Commercial Licensing
Open Source Licensing
Why You Should Not Write Your Own License
Choosing an Open Source License
Accepting Patches and Contributions
Back to (Copyright) Basics
Three Solutions
Administrative Issues
Working with the GPL
Daily Life with the GPL
Understanding the Terms of the Debate
Linking and Licensing
Copyright Confusion
Thinking About Derivative Works
Questions and Answers
Reverse Engineering
Storming the Castle
A Sample Reverse Engineering Procedure
The Digital Millennium Copyright Act
Incorporating As a Non-Profit
Why Incorporate Your Project?
Creating a Non-Profit Entity
Operating a Non-Profit Organization
Umbrella Organizations As an Alternative
APPENDIX A
Sample Proprietary Information Agreement (PIA)
APPENDIX B
Open Source License List
APPENDIX C
Free Software License List
Free Software Licenses
APPENDIX D
Fedora License List and GPL Compatibility
APPENDIX E
Public Domain Declaration
The Simplified BSD License
The Apache License, Version 2.0
The Mozilla Public License, Version 1.1
The GNU Lesser General Public License, Version 2.1
The GNU Lesser General Public License (LGPL), Version 2.1
The GNU General Public License, Version 3, June 2007
APPENDIX M
The Open Software License, Version 3.0
The Open Software License (OSL), Version 3.0
INDEX
P. 1
Intellectual Property and Open Source: A Practical Guide to Protecting Code

Intellectual Property and Open Source: A Practical Guide to Protecting Code

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"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society

If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter.

Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as:

How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project?

Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.

"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society

If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter.

Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as:

How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project?

Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.

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Publish date: Dec 1, 2008
Added to Scribd: May 16, 2009
Copyright:Traditional Copyright: All rights reservedISBN:9780596154677
List Price: $27.99 Buy Now

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