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IP risks for OSS developers

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I don't know or 2 speakers work so far from the whole punishable it reminds me of the time so I have the 2nd and the OK well thank you for going back to the legal and policy issues the room of a 4 of those of you that didn't have too much during last nite and I were really sort of start of are talking to many of our appearance to insulation instantly to of it this with Maureen this as the with but OK and I know that because of
his ideas room service had developers
and now yesterday I went to a very interesting to know which of genes term both of the article as you were beginners and I really enjoyed NO if anyone else is there but I really enjoyed the talk out and I learned a lot although like doing today in the sea everything but that there were 2 minor things that disturb me a little bit the 1st thing but that is this it with use of the new and and and everything was was invented messages was that you always have to write that it does say interact at the right time and as an example of how we should not be EEG example I don't as developer what is favored conflict is I think that's and that's unfortunate began thinking that the developers should be aware of the objects it is law is inevitable and we need to know where you're at the and they based on the 2nd thing that was take a little missing from my point of view was in this step by step process of what do you do when you join it opens with project he didn't mention that their compliance and take guided licensing compliance sick and I asked him after his and he said that he just just so that the people in include food so that we will talk about this to began said we think there are some issues and so what we do want to share with you today is that some doubts on how to protect yourself against by the infringements by others or we will end with holes at a little bit about what you think yourself on before we really start vision and I just semantic units instead if you are involved in open source projects there is still no copyrights hanging there like that the disk of the left is is only make an exception for you could you right so you to consider operating in the need to know what to risks and yeah that this 1st year before we get to the protection of the protection mechanisms for you will have to me talking about copyright basically the only
so and we will have to explain the grounds for me the logic and the
other 1 will have their own acting as a pattern in the constitution itself chain and the piece of code that
you've been to the the right of the fighting was not directly involved in the project and the permission to the on now if the subsequent so the police can be held liable for this arrangement is even making the model
error of fact that this contribution is changing and general creating a computer program constant over open-source completely unaware of
the existence of any of the rights of the parties we tend to use as a defense to willful IP infringement but has not been that on the fence to add the infringement in general because it is common for open source projects that the eigenvalues by community rather than 1 person or 1 this problems secure and real life In case of the project and have thousands of developers it's not reasonable to expect that every available to check if there are present in the code by other developers but in small projects and this excitation might be different meaning you straighten management systems to see which developers made which contribution to the to the to the risk of the infringement is non-specific problems of size project but of course the risk is greater because open source allows you to distribute and modify the software that sure the intention of will can lead to a different versions of the program and the development of the defense so a small and quick remark is that everything we see today is as seen from a village in the field of course and have an international project it's possible that there's not a lot of applicable so this can also have an influence on the outcome of the results of the thing so development consists of 2 elements when they have an and how can you predict a yourself so 1st I will explain about when you will have an infringement beauty and I will always things which
kind of intellectual property rights should be
taken into account when you are dealing with open source project of the most important source are copyright and patent law yeah 1st I will tell you something about copyright and how can know if the source code of someone else is protected by copyright so Belgium in general computer programs are protected by copyright because there a simulation with it and works with the convention so it's not exactly the most general copyright it you can see this as a kind
of a modified version of copyright for software the because of the general principle that kind of right doesn't protect the
underlying idea of the program but only the original expression that you are allowed to copy the functionality of the them provided that you do not come the sort of that you rewrite it your own original work the fact that something very stability and so it is less that means that the extension of this general principle that cup let's copyrights digital and now can you don't have a definition of what a computer program exactly as the trends in UK there's so it is possible that the different elements of the program are protected in different countries if and the european court of justice this and indicate that the object code source code and you're preparatory designs will be and possibly be considered as an expression of your computer program what matters is that you're a expression enables the reproduction of a computer program and it enables the computer to perform its task so but it is quite the metaphor of the fiction and you and think an article 1 of the European
Software director says that a computer program shall be detected in the sense that it is the
author's own intellectual creation but consent that you need creative choices that an expression of his own personality so you cannot apply any other criteria for copyright protection there'll be given protection to the expression in any form of year a computer program provided of nature and is such as that
the computer program can result from it in the stage as a consequence you will
not get predictions for the functionality of the program the programming language and format of of of the most of the file and uh graphic user interface and minimalist graphic user interface can be predicted by general copyright if it fulfills the criteria of originality to all the it was also applies to the programming languages can also be think of it as an original expression so on any formalities to the government there are non near active reading your computer program is sufficient to think about that is also not necessarily that your software is finished so you will be able to get the diction for every stage of your computer program M. and all the in principle it is a traitor you have some uh and assumptions for or in the case of employees or uh or anything in the period when you are working for someone else so you have them is
worse meant copyright and you in the context of open source projects you could say that the wire you have the face
of dividend so when you have the 1st original work but important source project and develop a base himself on on the contributions of the previous and 1st so you will make a derivative work because he will use essential thousands of this of the 1st original creation and I can get predictions a derivative work it's dialog of the union of originality itself to so you will have an independent and fully function protection for your derivative work that's you will need authorisation from previous developer to use this piece of code there a lot of open source licenses the ahead of provision on how it works the rights good this is a copyright makeover that
among the lights or economic rights and moral rights were mortal right you want to see the link with the author whereas economic rights are more than you
can use it to explore its your In case of the joint authorship which is typically for open source projects use rights will be on the brink to all the authors in its honesty have agreed rank to who is a co-author in order to be considered as a quota
and it's and you it's necessary it's not necessary that all developers worked on it
on the same time which is of course not the case when you have a such projects it's also not necessarily major contribution was equally important but it is required that you're contribution to the exterior of originality auditor contribution was necessary in order to get a computer program to read is now so it means that someone will only propose an idea or maybe something on the instructions of someone else you will not be considered as a tool to the if an exceptional contradiction is given by the time the rights of the author of the by the women or license and especially in the case of open source is a available their licenses that might need to use of your home it's a very difficult and complicated matter and it crosses the coffin rather unclear especially if you have a individual programmers who wrote the provision and there are also there's also disagreement about into the action of open source licenses but in any case it's very important that always agree to open source agreement and know what's in it so that you will be surprised at the end there are many types of open source licenses
and will not talk about this in detail but just you the idea to have a lot of
them now when you have an infringement
of copyright you have 2 types of vengeance either your code is an on from of the columns or you have an infringement of the license
terms and a license it will not be on its for example when you were required to deny notice in the duties M. question in the developer was so where would affect and he was finishing someone else's code and it could bear plots but it could be a role in copyrights because of the fact that cover writers and require any formalities um and comes into existence and following the mere creation of it and it's of course not be easy to know if something is predicted by culture and however the Copyright Act and does not set requirements that the infringer have knowledge of the infringement or the copyright so it is not an exception to copyright another
IP infringement might follow from a breach of patent law for the computer programs are excluded from copyright firm and prediction such as the European Patent of grant such some patterns I think they are part of a new
and non-obvious simple solution for a technical problem moreover and many other countries so store patterns are accepted anyway patterns allow you to predict underlying and the computer grant program which something that copyrights dozens now since most of the plant and
things do not include the source code the then possible to do dental so just based on the available at and got an
open source code in practice it may be possible just to avoid well known infringing patents and to look at patterns of your direct competitors and so it's not easy to know if your code is an infringement of patterns but you should know that happened is that they don't like this means that it's the scope of protection is limited to the country under which it was granted so if I have obtained a patent for Belgium I cannot exercise my rights in France for instance since getting patent prediction all over the world this very costly there are only very few companies can do this and the biggest risk in are discussed problem is that developer 1 man who would contribute code in a way
that it is not allowed by the license or is an infringement of a patent protection but you should also know that you can have a
combination for protection of copyright and patent law because they will overtake the difference a different subject matters a map for this presentation we will make a big difference if you have a patent infringement of copyright infringement main concern is that there was an infringement summer along the question but you could ask is it possible to exonerate the other and open-source developers when someone made information now the uh starting point when you addressed that the effect of an agreement on the right is article 11 65 of noticeable that this principle this article in the overall the principle which means that the effect of and um agreement to its 3rd parties will only be very limited when you like this principle to the open-source agreement between different developers who deliver constant contribution is says as a consequence is that provisions who are and exoneration which exonerate developers for the use of fringing materials they cannot be successfully invoked against the third-party sewed person whose rights were infringed however you can use such a provision in uh against the developer who meet Fiji contribution because it is only fair that is someone who was uh in good faith and constant in the sense that you can reclaim the damages that should be from the fringing developer so check with it's about the
uh when their response the act and feel and was aware of how different
yourself can of the data occasions and think it's a she can do that much and I think that most of all it said we have to make a distinction between the 2 year old in the forest and I mean like when you add it into a project when you during the day and there are some things that you are in love that right in the face
so 1st of all I try to avoid the occasions if you don't need a call of someone else start from 0 and so this the easy and then also people OK so if you know the name here
records of all your actions it will be easier for the the next have contributed in you take your word and to understand what's in the limitations on that I can think the and and then I'il about it and the good of
others is I believe you're doing that in which the
so again there are some of preventive mechanisms and the remedial action so about prevention is that you we all 1st of all the computers that we put yourself again you you also for a neutral and then be aware of the previous 2
solutions and this means that you need to identify all the pieces and generate people from you need to
identify the at the person developers who did their licenses out there that the burden the court and what of the teachers limitations are full of and then there's going to be the unit of all of the and if the player you can have open source insurance is that due to the fact that they're quite expensive and the not not over everything all the legal issues they don't seem to become very popular so what to do if you have have figured out that someone previous uh as used in the in group while there is a volume contract provided
codes that there will be a very time-consuming conceded so I guess it's only a solution when you're in the
very early stages of the and then secondly you can negotiate that additional licenses because it said that the person was the order of the words he has the right to be here for given analyzes figure of speech and and these 2 ideas that we have made openly and art that there are no
significant solutions and an efficient than the 9 and read the licenses and try to provide
as much as you can the that that was it so it still kind of questions they want to create a question and you the government and at the the and we can go ahead and make the on the right to know at order was coming in order to do this in kind of surrounding answering our call on my what in the history of 1 of the things that you can with the soul and watch the of of the amount of time to will get rid of the of the of the of the root of the Finnish here is not a lot I myself I was able to use the most and the 1 that I think about you know you get going with this and you can reach for it follows the Western doesn't like 1 at the Holiday Inn so that the estimate of the things that make up the is so that the of the week you have the hammer on you or you get what you get a list of all the words in the based on a true to yeah there was 1 of the things that of but all of the
people in the use of a million and 1 of the new can't how like
museum panels a virus there is a sense of direction I want you to know what you think of the use of marginal utility of the of the more about about use of time and
I have a lot of it you have my slice through the letters that yeah Jerry actually is the problem I talked to during the our last nite about and solve everything through
talk so the work in this graph of
the incidence of this information and of the literature and through the wonders of the of the world so what is it with you when you in that we want to report this is the only thing I can think that it's off the similarities but it's good but it seems like that the the war was you know the original and upon our American phones were 1 of
the research on this into I think he pointed by itself doesn't have the power to the you do the 2nd thing you have to know all of which use the art started to some offset the that's the researcher you hear it you would get rid this year's not part USA and Europe and the idea here is because of the sequence order telling the until he has the this is that you
something about the and all the components that you and I in the beginning of the protocol that was at the poles because I I I will call you don't the fact that the school we use this book on the area of the of the of the of the of the of the prominent who have
heard him was and it and so on so I evident in the land of the little of the solar system in rest you if use it you know about losing sorry the the the ideology perform many of these things that I have overviewed probabilities this the US was always the result of the government the US belong to it's a approximate the access like when I found out that this is only about the money that's it's argued that the world might be called columns so many times by a committee people some of the forces i would get you you get people that's actually closes in German and and the only way was drawn at some point in the US so exactly here but a tendency that the In the last year you you to you you the actual not people on Lewis's translators transliterated Monday in this case you need the chair the model of you find those under these up but this also co those that it is there way I had to be in the of and that this a you know you you you you you you you you you you you you you you you you you you so you can see this sort of the theory of short
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Softwareentwickler
Bit
Prozess <Physik>
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Punkt
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Code
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Metadaten

Formale Metadaten

Titel IP risks for OSS developers
Untertitel How to protect yourself against IP infringements by other developers in an open source project?
Serientitel FOSDEM 2014
Autor Sype, Yung Shin Van Der
Provoost, Soo Mee
Lizenz CC-Namensnennung 2.0 Belgien:
Sie dürfen das Werk bzw. den Inhalt zu jedem legalen Zweck nutzen, verändern und in unveränderter oder veränderter Form vervielfältigen, verbreiten und öffentlich zugänglich machen, sofern Sie den Namen des Autors/Rechteinhabers in der von ihm festgelegten Weise nennen.
DOI 10.5446/32552
Herausgeber FOSDEM VZW
Erscheinungsjahr 2014
Sprache Englisch

Inhaltliche Metadaten

Fachgebiet Informatik
Abstract Open source software developers, just like any other developers, have to be aware of the legal liability they can incur. The topic of this talk is the infringement liability of contributors in open source projects. Typical for open source projects is that they contain multiple (more or less anonymous) contributions by multiple developers. Since the regulation on patent and copyright protection applies also in case of open source software development, co-authors in the project should take care that the re-use of pieces of code does not infringe intellectual property rights of third parties. The proposed talk aims to address two pertinent questions in this regard: - Can co-authors, contributing to an open source project, be held liable for the wrongful re-use of code by other co-authors, contributing to the project? - If so, which legal mechanisms could be used to protect good faith OSS developers against such liability? This research is funded by the EU FP7 Framework Programme under grant agreement No. 318508 (MUSES)

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