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Intellectual Property and Open Source

A Practical Guide to Protecting Code

By
Van Lindberg
Publisher:
O'Reilly Media
Released:
July 2008
Pages:
400
Press Release
Description
This book is a guide to the legal system-without the legalese. From trade secrets to open source, this book offers a clear and understandable approach to intellectual property issues from a developer's point of view. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source delivers an engrossing survey of the legal landscape and practical advice about situations you're likely to encounter when working on open source projects and pursuing new business ideas.
Full Description
Table of Contents

  1. Chapter 1 The Economic and Legal Foundations of Intellectual Property

    1. Law and Code

    2. The Types of Intellectual Property

    3. Intellectual Property and Market Failure

    4. Evaluating the System

  2. Chapter 2 The Patent Document

    1. The Construction of a Patent

    2. The Face of the Patent

    3. Conception of the Invention

    4. The Body of the Patent

    5. The Claims

    6. Other Resources

  3. Chapter 3 The Patent System

    1. The Patent System As a Knowledge Cache

    2. Requirements for Getting a Patent

    3. Getting a Patent

    4. Patent Proliferation

  4. Chapter 4 Copyright

    1. Copyright in Context

    2. The Terms of Copyright

    3. The Copyright Term

    4. Owning a Copyright

    5. The Rights Granted by Copyright

  5. Chapter 5 Trademarks

    1. Trademarks Defined

    2. The Economic Function of Trademarks

    3. Modern Trademark Law in the United States

  6. Chapter 6 Trade Secrets

    1. Trade Secrets Defined

    2. The Flaming Moe: The Life and Death of a Trade Secret

    3. Trade Secrets and Software Development

    4. Trade Secrets, Businesses, and Consultants

  7. Chapter 7 Contracts and Licenses

    1. Licenses and Firewalls

    2. Why Contracts and Licenses Matter

    3. Contract Law Principles

    4. Intellectual Property Contracts

    5. Applying a License to Intellectual Property

  8. Chapter 8 The Economic and Legal Foundations of Open Source Software

    1. A Brief Digression into Terminology

    2. Understanding Open Source

    3. Credit Unions and Open Source: An Analogy

    4. The Role of Open Source Licenses

    5. The Open Source Definition

    6. Different Types of Open Source Licenses

  9. Chapter 9 So I Have an Idea...

    1. Cautionary Tales

    2. Employees and Inventions

    3. Look At What You Sign

    4. The Employer-Employee Relationship

    5. Tell the Company

    6. What Do You Do?

  10. Chapter 10 Choosing a License

    1. Why Do I Need a License?

    2. No License Required

    3. Proprietary Commercial Licensing

    4. Open Source Licensing

    5. Why You Should Not Write Your Own License

    6. Choosing an Open Source License

  11. Chapter 11 Accepting Patches and Contributions

    1. Back to (Copyright) Basics

    2. Three Solutions

    3. Administrative Issues

  12. Chapter 12 Working with the GPL

    1. Daily Life with the GPL

    2. Understanding the Terms of the Debate

    3. Linking and Licensing

    4. Copyright Confusion

    5. Thinking About Derivative Works

    6. Questions and Answers

  13. Chapter 13 Reverse Engineering

    1. Storming the Castle

    2. A Sample Reverse Engineering Procedure

    3. The Digital Millennium Copyright Act

  14. Chapter 14 Incorporating As a Non-Profit

    1. Why Incorporate Your Project?

    2. Creating a Non-Profit Entity

    3. Operating a Non-Profit Organization

    4. Umbrella Organizations As an Alternative

  1. Appendix Sample Proprietary Information Agreement (PIA)

    1. Proprietary Information and Inventions Assignment Agreement

  2. Appendix Open Source License List

    1. Open Source Licenses

  3. Appendix Free Software License List

    1. Free Software Licenses

  4. Appendix Fedora License List and GPL Compatibility

    1. Licenses Approved for Use with Fedora

    2. GPL Compatibility Matrix

  5. Appendix Public Domain Declaration

  6. Appendix The Simplified BSD License

    1. The BSD License

  7. Appendix The Apache License, Version 2.0

  8. Appendix The Mozilla Public License, Version 1.1

    1. 1. Definitions

    2. 2. Source Code License

    3. 3. Distribution Obligations

    4. 4. Inability to Comply Due to Statute or Regulation

    5. 5. Application of this License

    6. 6. Versions of the License

    7. 7. DISCLAIMER OF WARRANTY

    8. 8. Termination

    9. 9. LIMITATION OF LIABILITY

    10. 10. U.S. Government End Users

    11. 11. MISCELLANEOUS

    12. 12. Responsibility for Claims

    13. 14. Multiple-Licensed Code

    14. Applying the Mozilla Public License

  9. Appendix The GNU Lesser General Public License, Version 2.1

    1. The GNU Lesser General Public License (LGPL), Version 2.1

  10. Appendix The GNU Lesser General Public License, Version 3

    1. The GNU Lesser General Public License (LGPL), Version 3

  11. Appendix The GNU General Public License, Version 2, June 1991

    1. The GNU General Public License (GPL), Version 2

  12. Appendix The GNU General Public License, Version 3, June 2007

    1. The GNU General Public License (GPL), Version 3

  13. Appendix The Open Software License, Version 3.0

    1. The Open Software License (OSL), Version 3.0

  14. Colophon

View Full Table of Contents
Product Details
Title:
Intellectual Property and Open Source
By:
Van Lindberg
Publisher:
O'Reilly Media
Formats:
  • Print
  • Ebook
  • Safari Books Online
Print Release:
July 2008
Ebook Release:
June 2009
Pages:
400
Print ISBN:
978-0-596-51796-0
| ISBN 10:
0-596-51796-3
Ebook ISBN:
978-0-596-55832-1
| ISBN 10:
0-596-55832-5
Customer Reviews
About the Author

  1. Van Lindberg

    The title that best describes Van Lindberg's job is "translator" - translating from "lawyer" to "engineer" and back. He enjoys working with both computer code and legal code to get things done.

    As an attorney, Van helps people build businesses around ideas. His experience allows him to analyze and evaluate intellectual property in a sale, license or litigation context. Van also participates in the Open Source community. He helps businesses work with and develop Open Source software and helps developers navigate the legal system to achieve project goals. He has direct experience in digital circuit design; operating system design; application programming; networked and distributed systems; virtualization; wireless networking; high-availability systems and programming languages.

    Outside of the traditional IP areas, Van is particularly interested in the Open Source licensing model. He has been involved (mostly as a user, but with occasional contributions) in the Open Source community since 1994. Van's favorite computer language is Python.

    View Van Lindberg's full profile page.

Colophon

The cover image is composed of two stock photos overlaid with artwork by Monica Kamsvaag. The cover font is in various weights of Helvetica Neue. The text font is Adobe's Meridien; the heading font is ITC Bailey; and the code font is LucasFont's TheSansMonoCondensed.

  • Book cover of Intellectual Property and Open Source
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