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05. 8.2007 (previous | next)
Measuring Licensing and Apportionment

Those who follow IP policy in the technology industries are aware that inventions may contain hundreds, or thousands, of copyright and patent claims. Additionally, inventions can include public domain information. Now, with more awareness that inventions often contain open source information, the question arises: at what point do you differentiate an invention as open source, proprietary or public domain?

On another topic, it appears that all licensing arrangements differ from the GPL.

Free software supporters will argue that certain inclusion of free software will deem an entire technology free software, as suggested by the GPL license. In principal, the entire Windows OS could become free software if (mis)integrated with GPLd information. The GPL runs into problems of playing well with all other licensing schemes, which deters its proliferation; and apportionment, which some scholars cite as possibly limiting of its enforcement.

Innovation will benefit from licensing schemes that allow for flexible and diverse combinations of information. Inventions should combine technologies that fall under different licensing paradigms rather than have one license overriding all others.

posted by Noel Le @ 7:26 AM | Markets: Business, Investment & Innovation

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Comments

Noel, have you ever even read the GPL?

Can you imagine microsoft's or oracle's reaction if I include certain pieces of "their" software in my product? I assure you, it wouldn't be pretty.

What's sauce for the goose is sauce for the gander - the GPL does not prevent you reimplementing similar functionality. If you take the short-cut of using GPL code instead of doing the implementation yourself, you pay the price, enforced by the same copyright laws that give the information monopolists their power too.

"Without copyright law the GPL would be unenforceable. It would also be unnecessary".
The GPL is merely an effort at restoring some balance.


Posted by: spumco at May 9, 2007 7:13 AM

Microsoft would not like you putting their IP into your product unless you licensed it, or otherwise had an agreement with them. On the other hand, if you had their IP in your product, you would pay damages or be forced to take it out, rather than Microsoft changing the licensing terms of the rest of your work (like the GPL).

Posted by: Noel at May 9, 2007 6:40 PM

Microsoft makes quite similar claims in its "shared source" license terms, BTW. Again, sauce for the goose, sauce for the gander. Using (well, distributing) GPL code in violation of the GPL license is akin to violating a license to code from microsoft, not to totally unauthorised use of code.

Posted by: spumco at May 9, 2007 10:15 PM








 
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