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O'Reilly Open Source Convention


Intellectual Property Law Basics for Open Source Developers
Jack Emery

Track: Emerging Topics
Date: Thursday, July 10
Time: 4:30pm - 5:15pm
Location: Salon I

Tutorial outline:

  1. Why open-sourcers should care about intellectual property (IP) law
    • A true story: how to make someone else rich by being naive about IP law
    • Ignoring patents won't make them go away
    • Patents as a tool to advance open-source goals
  2. Understanding the weapons in the IP law arsenal and how they work
    • Patent law basics
      • What is a patent
      • What does a patent cover
      • What kinds of software inventions are patentable
      • How do you get a patent
      • How much does it cost to get a patent
      • What good is a patent when you have one
    • Copyright law basics
      • What is a copyright
      • What does a copyright cover
      • How do you get a copyright
      • How are copyrights enforced
      • Why a copyright isn't a substitute for a patent
    • License basics
      • Licenses as contracts
      • License enforceability issues
      • Why a license isn't a substitute for a patent
  3. Understanding IP strategy
    • IP as an offensive weapon: how infringement litigation works
    • Big company IP strategy
      • Building 'patent fences' around products
      • Exploiting the inability of the patent system to deal effectively with software
    • IP strategy for the 'little guy'
    • IP strategy for the open-source developer
      • Why the GPL and other open-source licenses are not enough
        • Threats on the horizon
        • The privity gap
  4. Where to go from here
    • Sources of additional information

    Download presentation file

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