ENTRIES TAGGED "intellectual property"

Seeking prior art where it most often is found in software

Open Invention Network plans to mine open source projects for patent busters

Patent ambushes are on the rise again, and cases such as Apple/Samsung shows that prior art really has to swing the decision–obviousness or novelty is not a strong enough defense. Obviousness and novelty are subjective decisions made by a patent examiner, judge, or jury. In this context, a recent conversation I had with Keith Bergelt, Chief Executive Officer of the…
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Developer Week in Review: Oracle's big bet fails to pay off

Developer Week in Review: Oracle's big bet fails to pay off

Google dodges a bullet, a new Perl in town, and GCC loses an OS.

Oracle fails to convince a jury that Google owes them big bucks, the annual refresh of Perl has arrived, and FreeBSD says goodbye to an increasingly restrictive GCC license.

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Developer Week in Review: Are APIs intellectual property?

Developer Week in Review: Are APIs intellectual property?

APIs may be IP, and C remains popular, even when obfuscated.

We look at the legal status of APIs and how the Oracle versus Google suit may be affecting it, along with the relative popularity of languages and the world's worst C programs.

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Fair use: A narrow, subjective, complicated safe haven for free speech

Fair use: A narrow, subjective, complicated safe haven for free speech

Attorney Miles Feldman on the ins and outs of fair use.

Litigation and intellectual property attorney Miles Feldman addresses issues of fair use, including the deciding factors courts consider, research tools to determine the status of works, and Creative Commons licensing.

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Developer Week in Review: A pause to consider patents

Developer Week in Review: A pause to consider patents

There was good news and bad news on the intellectual property front this week.

We take a look at two major events that rocked the technology intellectual property wars, centered on a courtroom in Texas and a standards body a continent away.

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Jury to Eolas: Nobody owns the interactive web

Jury to Eolas: Nobody owns the interactive web

A decision to strike down patents to the "Interactive Web" is an important victory for the networked commons.

A Texas jury has struck down a company's claim to ownership of the interactive web. Eolas, which has been suing technology companies for more than a decade, now faces the prospect of losing the patents.

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The week the web changed Washington

Collective action halted SOPA and PIPA. Now we're in unexplored territory.

Collective action channeled through the Internet halted the progress of SOPA and PIPA this week. The promise of these communication tools has come of age, and they'll be sorely needed to face the challenges of the 21st century.

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Intellectual Property Strategy: a book, a panel, and a movement

The speakers, who included household names of the free culture movement such as Lawrence Lessig and Eric von Hippel, emphasized the culture shift that is breaking the seemingly iron grip of current policies that favor wealthy companies with portfolios of patents and copyrights. But I think even these speakers failed to convey how huge a sea change in underway.

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Intellectual property gone mad

Intellectual property gone mad

Sweeping patent changes aren't likely, but small solutions may curb patent trolls.

Patent trolling could undermine app ecosystems, but who can mount a legitimate challenge? Here's four potential solutions.

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Developer Week in Review: Start your lawyers!

Developer Week in Review: Start your lawyers!

If the lawsuit fits, the Kinect SDK for Windows arrives, and IPv6 day fails to excite.

The legal community continued to feed off IP disputes among software giants, Microsoft brings the Kinect SDK to Windows, and the web switches IPv6 on for a day, but did anyone notice?

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