Licensing of patents |
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Higher category: Patents, Patent law |
The Defensive Patent License (DPL) is a patent license proposed by Jason Schultz and Jennifer Urban, directors of the Samuelson Law, Technology & Public Policy Clinic at the University of California, Berkeley as a patent licensing equivalent of the GPL copyright license. [1] [2] [3]
It requires entities licensing their patents under the DPL to license all of their patents under the DPL, with free licenses granted to all other DPL participants. [4] DPL participants remain free to launch patent lawsuits against non-participants.
DPL 1.0 [5] was published on November 16, 2013, and a "birthday" celebration held at the Internet Archive. [6] The Internet Archive was designated as the fiscal umbrella organization until it has its own non-profit entity. It was launched on February 28, 2014 at a conference in Berkeley. [7]
Bruce Perens is an American computer programmer and advocate in the free software movement. He created The Open Source Definition and published the first formal announcement and manifesto of open source. He co-founded the Open Source Initiative (OSI) with Eric S. Raymond. Today, he is a partner at OSS Capital.
Free software or libre software, infrequently known as freedom-respecting software, is computer software distributed under terms that allow users to run the software for any purpose as well as to study, change, and distribute it and any adapted versions. Free software is a matter of liberty, not price; all users are legally free to do what they want with their copies of a free software regardless of how much is paid to obtain the program. Computer programs are deemed "free" if they give end-users ultimate control over the software and, subsequently, over their devices.
Freeware is software, most often proprietary, that is distributed at no monetary cost to the end user. There is no agreed-upon set of rights, license, or EULA that defines freeware unambiguously; every publisher defines its own rules for the freeware it offers. For instance, modification, redistribution by third parties, and reverse engineering are permitted by some publishers but prohibited by others. Unlike with free and open-source software, which are also often distributed free of charge, the source code for freeware is typically not made available. Freeware may be intended to benefit its producer by, for example, encouraging sales of a more capable version, as in the freemium and shareware business models.
The MIT License is a permissive free software license originating at the Massachusetts Institute of Technology (MIT) in the late 1980s. As a permissive license, it puts only very limited restriction on reuse and has, therefore, high license compatibility.
The Apache License is a permissive free software license written by the Apache Software Foundation (ASF). It allows users to use the software for any purpose, to distribute it, to modify it, and to distribute modified versions of the software under the terms of the license, without concern for royalties. The ASF and its projects release their software products under the Apache License. The license is also used by many non-ASF projects.
The Organization for the Advancement of Structured Information Standards is a nonprofit consortium that works on the development, convergence, and adoption of open standards for cybersecurity, blockchain, Internet of things (IoT), emergency management, cloud computing, legal data exchange, energy, content technologies, and other areas.
An open standard is a standard that is openly accessible and usable by anyone. It is also a prerequisite to use open license, non-discrimination and extensibility. Typically, anybody can participate in the development. There is no single definition, and interpretations vary with usage.
A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work". A CC license is used when an author wants to give other people the right to share, use, and build upon a work that the author has created. CC provides an author flexibility and protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work.
Open-source software (OSS) is computer software that is released under a license in which the copyright holder grants users the rights to use, study, change, and distribute the software and its source code to anyone and for any purpose. Open-source software may be developed in a collaborative public manner. Open-source software is a prominent example of open collaboration, meaning any capable user is able to participate online in development, making the number of possible contributors indefinite. The ability to examine the code facilitates public trust in the software.
The Berkeley Open Infrastructure for Network Computing is an open-source middleware system for volunteer computing and grid computing. Originally developed to support the SETI@home project, it became generalized as a platform for other distributed applications in areas as diverse as mathematics, linguistics, medicine, molecular biology, climatology, environmental science, and astrophysics, among others. BOINC aims to enable researchers to tap into the enormous processing resources of many personal computers around the world.
Open-source hardware (OSH) consists of physical artifacts of technology designed and offered by the open-design movement. Both free and open-source software (FOSS) and open-source hardware are created by this open-source culture movement and apply a like concept to a variety of components. It is sometimes, thus, referred to as FOSH. The term usually means that information about the hardware is easily discerned so that others can make it – coupling it closely to the maker movement. Hardware design, in addition to the software that drives the hardware, are all released under free/libre terms. The original sharer gains feedback and potentially improvements on the design from the FOSH community. There is now significant evidence that such sharing can drive a high return on investment for the scientific community.
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics. Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities which do not practice their asserted patent may not be considered "patent trolls" when they license their patented technologies on reasonable terms in advance.
Open Invention Network (OIN) is a company that acquires patents and licenses them royalty-free to its community members who, in turn, agree not to assert their own patents against Linux and Linux-related systems and applications.
The Educational Community License (ECL) is a free and open source license based on the Apache license and created with the specific needs of the academic community in mind.
The Linux Foundation (LF) is a non-profit technology consortium founded in 2000 as a merger between Open Source Development Labs and the Free Standards Group to standardize Linux, support its growth, and promote its commercial adoption. Additionally, it hosts and promotes the collaborative development of open source software projects. It is a major force in promoting diversity and inclusion in both Linux and the wider open source software community.
In the 1950s and 1960s, computer operating software and compilers were delivered as a part of hardware purchases without separate fees. At the time, source code, the human-readable form of software, was generally distributed with the software providing the ability to fix bugs or add new functions. Universities were early adopters of computing technology. Many of the modifications developed by universities were openly shared, in keeping with the academic principles of sharing knowledge, and organizations sprung up to facilitate sharing. As large-scale operating systems matured, fewer organizations allowed modifications to the operating software, and eventually such operating systems were closed to modification. However, utilities and other added-function applications are still shared and new organizations have been formed to promote the sharing of software.
A free-software license is a notice that grants the recipient of a piece of software extensive rights to modify and redistribute that software. These actions are usually prohibited by copyright law, but the rights-holder of a piece of software can remove these restrictions by accompanying the software with a software license which grants the recipient these rights. Software using such a license is free software as conferred by the copyright holder. Free-software licenses are applied to software in source code and also binary object-code form, as the copyright law recognizes both forms.
Proprietary software, also known as non-free software or closed-source software, is computer software for which the software's publisher or another person reserves some licensing rights to use, modify, share modifications, or share the software, restricting user freedom with the software they lease. It is the opposite of open-source or free software. Non-free software sometimes includes patent rights.
The GNU General Public License is a series of widely used free software licenses that guarantee end users the four freedoms to run, study, share, and modify the software. The license was the first copyleft for general use and were originally written by the founder of the Free Software Foundation (FSF), Richard Stallman, for the GNU Project. The license grant the recipients of a computer program the rights of the Free Software Definition. These GPL series are all copyleft licenses, which means that any derivative work must be distributed under the same or equivalent license terms. It is more restrictive than the Lesser General Public License and even further distinct from the more widely used permissive software licenses BSD, MIT, and Apache.
Open source is source code that is made freely available for possible modification and redistribution. Products include permission to use the source code, design documents, or content of the product. The open-source model is a decentralized software development model that encourages open collaboration. A main principle of open-source software development is peer production, with products such as source code, blueprints, and documentation freely available to the public. The open-source movement in software began as a response to the limitations of proprietary code. The model is used for projects such as in open-source appropriate technology, and open-source drug discovery.
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