Open Source Software

By
Dr. Kalyan C. Kankanala Nishant Kewalramani
kalyan@brainleague.com nishant@brainleague.com

www.brainleague.com
Blog: www.indianipinfo.blogspot.com
AGENDA
 Copyright Introduction

 Patent Introduction

 Overview of OSS

 Kinds of Licenses

 Enforcement
Copyright
 Idea/Expression
 Original
 Modicum of creativity

 Literary, Dramatic, Musical, Artistic,

Photographic, Cinematographic works and
Sound Recording
Copyright and Software
 Source/Object Code
 Databases
 Websites
 Interfaces
Rights
 Reproduce
 Adapt
 Distribute
 Modify
 Public Display
 Public Performance
Issues in copyright

 Writing in different language-

Translation?

 Making backup copies?

 Use covered under any right?

Patents
 Rights  20 years from the
date of first filing
 Make
 Use
 Sell
 Offer for sale
 Import
 Patent Filter Model
INVENTIONS

Subject Matter
Usefulness

Novelty

Non-obviousness

Specification

PATENTS
© Brain League IP Services Pvt. Ltd
USA

 Bilski Case
 Hedging of Risks

 Machine or Transformation test

Europe
 Symbian Case

 Technical Contribution
India

 Compulsory hardware attachment

 Computer program product claims not

allowed
Example
 NIAS develops a reading software and
makes it available:
 As free download
 With copyright notice
 Terms and Conditions of use
 Open Source License
Open Source Concept
 Evolution
 Philosophy
 Principles
Principles
 Source Code
 Distribution
 Modification
 Attribution
 License
Kinds of Licenses
 Viral
 Restrictive
 Flexible
GPL
 Copy, Modify and Distribute
 Distribution Conditions
 Source Code
 Derivative Works - Source Code
 Attribution
 License
 Warranty and Liability
MPL
 Copy, Modify and Distribute
 Distribution conditions
 Source Code
 Larger work - Only Source Code of MPL
Software
 Attribution
 License
 Warranty and Liability
BSD
 Copy, Modify and Distribute
 Distribution Conditions
 Source code not mandatory
 Derivative work - No source code
 Attribution
 Different License
 Warranty and Liability
Example
 Softan makes a software for transferring
data into the brain available on his website.
The software has dynamic links with
certain libraries which are governed by
GPL. Softan distributes the software under
its own terms and conditions. The
copyright owner of the GPL software
library sues Softan.
Example
 MyTv is a software developed by a group of
engineers at IISc. The software is used for playing
TV on mobile phones. The programmers make
the software available under GPL.

 What are your flexibilities and limitations?

 What if the software is made available under
BSD or MPL License?
Enforcement
 Jacobson case
 FSF Vs. SISCO
 Busy Box case
 Microsoft case
THANK YOU