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Intellectual Property and Open Source: A Practical Guide to Protecting Code

Intellectual Property and Open Source: A Practical Guide to Protecting Code

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Author: Van Lindberg
Publisher: O'Reilly Media, Inc.
Category: Book

List Price: $34.99
Buy New: $23.94
You Save: $11.05 (32%)



New (38) Used (7) from $20.89

Rating: 4.5 out of 5 stars 9 reviews
Sales Rank: 357022

Media: Paperback
Number Of Items: 1
Pages: 390
Shipping Weight (lbs): 1.3
Dimensions (in): 9.1 x 7 x 1.1

ISBN: 0596517963
Dewey Decimal Number: 346.73048
EAN: 9780596517960
ASIN: 0596517963

Publication Date: July 1, 2008
Availability: Usually ships in 1-2 business days

Similar Items:

  • Understanding Open Source and Free Software Licensing
  • Producing Open Source Software: How to Run a Successful Free Software Project
  • Anathem
  • Programming Collective Intelligence: Building Smart Web 2.0 Applications
  • Open Source Licensing: Software Freedom and Intellectual Property Law

Editorial Reviews:

Product Description
"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!" -- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society

If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter.

Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as:

How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project?

Most legal sources are too scattered, too arcane, and too hard to read.Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.


Customer Reviews:   Read 4 more reviews...

5 out of 5 stars Both computer and legal libraries strong in technology need this   November 10, 2008
 1 out of 1 found this review helpful

Any outside the field of IT who want to understand how to handle the legal system will find Intellectual Property and Open Source is perfect for understanding how law views intellectual property rights for programmers. The author's an attorney who is also a programmer, so chapters address concerns of all sides, from pursuing ideas while working for another to reverse engineering a project, handling trade secrets, and more. Both computer and legal libraries strong in technology need this.



4 out of 5 stars An author who knows how to relate to programmer   October 1, 2008
I thoroughly enjoyed this book. The initial chapters were a bit dry due to their subject matter: patents, copyright, trade secrets, etc. The author did a great job of keeping your interest by using concepts familiar to programmers to explain these subjects. For example using the constructs of regular expressions and try/catch blocks to explain the reasoning behind patent language.
I was convinced the author was someone I could relate to when in the chapter on trade secrets, he used the 'Flaming Moe' as one of his examples of trade secret calamities.
Once you are through the initial chapters, you are on a good footing for understanding the Open Source licenses presented in the later chapters from a legal perspective. In these chapters, Van is able to dispel myths and misconceptions since the reader has done their 'legal homework' in the beginning of the book.



5 out of 5 stars A must for anyone in the business of techology   September 9, 2008
 1 out of 1 found this review helpful

This book is an excellent resource for anyone involved in technology products. It is a first class primer on intellectual property and uses examples familiar to technical people. There is unavoidable legal discussions but they are presented in a manner that makes it easy to understand.

Anyone in a technology oriented field, especially the computer industry, should read this book.



5 out of 5 stars Targeted well for the technology professional...   September 6, 2008
 2 out of 2 found this review helpful

As a software developer, it's almost a certainty that you either participate in or use open source software somewhere in your computing environment. But even though you may have the source code sitting in front of you, it doesn't mean you can anything you darn well please with it. Van Lindberg's book Intellectual Property and Open Source: A Practical Guide to Protecting Code does a very good job in presenting the intricacies of open source licensing in a way that won't automatically put a developer to sleep. Granted, there's still a lot of legal concepts to wade through, but in my opinion he hit the right mix between legalities and practicalities.

Contents: The Economic and Legal Foundations of Intellectual Property; The Patent Document; The Patent System; Copyright; Trademarks; Trade Secrets; Contracts and Licenses; The Economic and Legal Foundations of Open Source Software; So I Have An Idea...; Choosing A License; Accepting Patches and Contributions; Working With The GPL; Reverse Engineering; Incorporating As A Non-Profit
Appendices: Sample Proprietary Information Agreement (PIA); Open Source License List; Free Software License List; Fedora License List and GPL Compatibility; Public Domain Declaration; The Simplified BSD License; The Apache License, Version 2.0; The Mozilla Public License, Version 1.1; The GNU Lesser General Public License, Version 2.1; The GNU Lesser General Public License, Version 3; The GNU General Public License, Version 2, June 1991; The GNU General Public License, Version 3, June 2007; The Open Software License, Version 3.0
Index

Lindberg accomplishes a couple of purposes in this book. The first few chapters trace the history and general concepts of intellectual property law, such as patents and trade secrets. This is necessary, in that it lays the groundwork to be able to understand what part of your work may or may not be covered by intellectual property laws. While there are plenty of legal concepts and examples cited, he doesn't get so far down into the weeds as to make the material irrelevant to the target audience... technology professionals. The last half of the book then uses that foundation to talk specifically about open source software, licenses, and legal issues being faced today. And really, it's more complex than you'd think (but isn't *anything* legal overly complex?) Each of the licenses he covers has certain advantages and disadvantages that can make a significant impact on how you and others can use your software going forward. For instance, one license may allow the user to use it in any way they see fit, including using it in their own non-open source software. Other licenses actually force any software project using the open source code to also be bound by the same license, meaning that your work has to be made available in open source form to others. Based on what you plan on building and how you want to market it, this could make the difference between a thriving business or a ruinous lawsuit. And again, the writing is appropriate for the technology professional, not four year law students looking to become a partner and retire by the age of 40.

For anyone involved in creating an open-source project (or what they *think* an open source project should be), this should be essential reading. And if you've ever downloaded something from Sourceforge to include in one of your own projects, you also need to read this to clearly understand your rights and obligations. I know we techies would prefer to let other people figure out the legal stuff, but it's not worth it to have your next killer application idea bankrupt you in court...



5 out of 5 stars Clear and complete   August 31, 2008
 1 out of 1 found this review helpful

The author is both a programmer and a lawyer. That combination means that this is the ideal book for programmers as he regularly uses programming concepts to illustrate legal issues.

I really enjoyed this. The writing style is clear and very readable while imparting a lot of knowledge. I particularly enjoyed the explanation of patent details and that he used a real patent (Amazon's 1-click) as the example. I also liked the explanations of the strengths and weaknesses of the various open source licensing options.

There's a lot more here: advice for employees and budding entrepreneurs , reverse engineering (with multiple examples of real life projects) and more.



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