Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, copyrights, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in most of the world's legal systems.
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights.
A software patent is a patent on a piece of software, such as a computer program, libraries, user interface, or algorithm.
SCO Group, Inc. v. International Business Machines Corp., commonly abbreviated as SCO v. IBM, is a civil lawsuit in the United States District Court of Utah. The SCO Group asserted that there are legal uncertainties regarding the use of the Linux operating system due to alleged violations of IBM's Unix licenses in the development of Linux code at IBM. The lawsuit was filed in 2003, it has lingered on through the bankruptcy of SCO Group and the adverse result in SCO v. Novell, and was reopened for continued litigation by order of a new judge on June 14, 2013. Pursuant to the court order reopening the case, an IBM Motion for Summary Judgment was filed based upon the results of the Novell decision. On December 15, 2014, the judge granted most of IBM's motion, thereby narrowing the scope of the case, which remained open. On March 1, 2016, following a ruling against the last remaining claims, the judge dismissed SCO's suit against IBM with prejudice. SCO filed an appeal later that month. In February 2018, as a result of the appeal and the case being partially remanded to the circuit court, the parties restated their remaining claims and provided a plan to move toward final judgement.
The Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions, procedure number 2002/0047 (COD) was a proposal for a European Union (EU) directive aiming to harmonise national patent laws and practices concerning the granting of patents for computer-implemented inventions, provided they meet certain criteria. The European Patent Office describes a computer-implemented invention (CII) as "one which involves the use of a computer, computer network or other programmable apparatus, where one or more features are realised wholly or partly by means of a computer program".
Eben Moglen is an American legal scholar who is professor of law and legal history at Columbia University, and is the founder, Director-Counsel and Chairman of Software Freedom Law Center.
Groklaw is a website that covered legal news of interest to the free and open source software community. Started as a law blog on May 16, 2003, by paralegal Pamela Jones ("PJ"), it covered issues such as the SCO-Linux lawsuits, the EU antitrust case against Microsoft, and the standardization of Office Open XML.
New York Law School (NYLS) is a private law school in Tribeca, New York City. NYLS has a full-time day program and a part-time evening program. NYLS's faculty includes 54 full-time and 59 adjunct professors. Notable faculty members include Edward A. Purcell Jr., an authority on the history of the United States Supreme Court, and Nadine Strossen, constitutional law expert and president of the American Civil Liberties Union from 1991 to 2008.
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.
Jonathan Ward "Jon" Dudas is the senior vice president, senior associate to the president and secretary of the University of Arizona. He previously served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) until January 18, 2009. He was nominated to the position by former President George W. Bush in March 2004 and appointed in July 2004. Dudas previously served as acting Under Secretary and Director, and Deputy Under Secretary and Deputy Director from 2002 to 2004. He is also a member of the board of directors of Conversant Intellectual Property Management.
David Richard Koepsell is an American author, philosopher, attorney, and educator whose recent research focuses on how ethics and public policy deal with emerging science and technology. He has been a practicing attorney, been employed as an ontologist, been a university professor, and has lectured worldwide. He is a visiting professor of research ethics at National Autonomous University of Mexico, director of research and strategic initiatives at Comisión Nacional de Bioética (CONBIOETICA) Mexico, an adjunct professor at University at Buffalo and a senior fellow and education director of the Center for Inquiry Transnational, based in Amherst, New York.
Opposition to software patents is widespread in the free software community. In response, various mechanisms have been tried to defuse the perceived problem.
Sir Robert Raphael Hayim Jacob, PC, known as Robin Jacob, is a former judge in the Court of Appeal of England and Wales.
Alan Cox is a British computer programmer who has been a key figure in the development of Linux. He maintained the 2.2 branch of the Linux kernel and continues to be heavily involved in its development, an association that dates back to 1991. He lives in Swansea, Wales, where he lived with his wife Telsa Gwynne, who died in 2015 and now lives with author Tara Neale, whom he married in 2020. He graduated with a BSc in Computer Science from Swansea University in 1991 and received an MBA from the same university in 2005.
Haldane Robert Mayer is a Senior United States circuit judge of the United States Court of Appeals for the Federal Circuit.
Morgan Chu, is an American intellectual property attorney.
David "Dave" J. Kappos is an attorney and former government official who served as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) from 2009 to 2013. Kappos is currently a partner at New York law firm Cravath, Swaine & Moore.
Carlo Piana is a lawyer by training and a free software advocate. A qualified attorney in Italy, Piana has been practicing IT law since 1995, focusing his practice on software, technology, standardization, data protection and digital liberties in general, and served as external general counsel to the Free Software Foundation Europe ("FSFE").
Karen Sandler is the executive director of the Software Freedom Conservancy, former executive director of the GNOME Foundation, an attorney, and former general counsel of the Software Freedom Law Center. She holds an honorary doctorate from KU Leuven.
