Law & Life: Silicon Valley
"A view of law and life in Silicon Valley, the global technology center." This blawg covers open source issues.
Author: Mark Radcliffe is a partner at DLA Piper's Silicon Valley office. He is the Open Source Initiative's general counsel and an editor of the Journal of Internet Law and on the editorial boards of Computer Lawyer and Cyberspace Lawyer.
Blawg Related Categories: Intellectual Property Law • Internet Law • States • California • Partner
Recent Posts from Law & Life: Silicon Valley
-
Most Influential People in Open Source
Mindtouch recently named the Most Influential People in Open Source in their blog http://www.mindtouch.com/blog/2009/10/27/most-influential-people-in-open-source/. I think that it is a measure of the health of the industry that it is difficult to identify those people…
-
GPLv2 is Not Legally Unsound, but It Has Challenges
A recent article by the Register incorrectly stated that Karen Copenhaver and I thought that the GPLv2 was “legally unsound” in a recent Black Duck webinar. (you can listen to the webinar if you want to check for…
-
French Court Indirectly Finds the GPL Enforeceable for First Time
In case of first impression in France, the Court of Appeals in Paris has issued a holding, as part of a larger dispute over the delivery of software, that supports the assumption that the General Public License is…
-
Microsoft & Linux: Did Hell really Freeze Over?
When Microsoft contributed drivers to Linux to GPLv2, my reaction (and the general reaction in the community) was that “hell had frozen over” and to bring out the skates http://www.microsoft.com/presspass/features/2009/Jul09/07-20LinuxQA.mspx. Several recent reports suggest that…
-
ALI Principles: Recommended Actions
As I have mentioned in an earlier blog, the American Law Institute (ALI) has approved the Principles of the Law of Software Contracts (the Principles). Although ALI continues to make minor changes to the Principles,…
-
OSCON and Free Panels on Legal Issues in Open Source: July 22
Although we were not able to include a separate legal track in OSCON, we have put together an independent track (with the assistance and blessing of OSCON) in a connecting hotel. We will address venture…
-
Licensing Shift: Move Toward GPLv3 but away from GPL based Licenses
The most recent Black Duck survey of the use of open source licenses reveals some very interesting trends. http://www.marketwatch.com/story/gplv3-licenses-quadruple-in-2009-but-gpl-projects-drop-by-five-percent-from-2008-levels. First, GPLv3, the first revision to GPLv2 in twenty years, is increasing in adoption: it is…
-
ALI Approves Principles of the Law Software Contracts: Potential Major Problems for the Software Industry
The American Law Institute (“ALI”) approved the Principles of the Law of Software Contracts (the “Principles”) on May 19, 2009. I have discussed these Principles in the past in this blog http://lawandlifesiliconvalley.com/blog/?p=134. Although the Reporters…
-
Major Change in Patent Agreements: Covenant Not to Sue Same as Patent License for Patent Exhaustion
In a major change in the law, the Court of Appeals for the Federal Circuit (”CAFC”) held in Transcore v. ETC found that covenants not to sue have the same effect on patent exhaustion as…
-
SDForum Global Open Source Colloquium: March 23
I am participating in SDForum’s Global Open Source Colloquium for the third year. This Colloquium is held the day before OSBC. http://www.sdforum.org/index.cfm?fuseaction=Calendar.eventDetail&eventID=13371 The event is always fun because it is much smaller than OSBC and permits…