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The book wraps up with a look at the legal effects--both positive and negative--of open source/free software licensing.
"I have studied Rosen's book in detail and am impressed with its scope and content. I strongly recommend it to anybody interested in the current controversies surrounding open source licensing." --John Terpstra, Samba.org; cofounder, Samba-Team "Linux and open source software have forever altered the computing landscape. The important conversations no longer revolve around the technology but rather the business and legal issues. Rosen's book is must reading for anyone using or providing open source solutions." --Stuart Open Source Development Labs A Complete Guide to the Law of Open Source for Developers, Managers, and Lawyers Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work--and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today's leading licenses, and helps you make the best choices for your project or organization. Coverage includes: Explanation of why the SCO litigation and other attacks won't derail open source Dispelling the myths of open source licensing Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks "Academic licenses" BSD, MIT, Apache, and beyond The "reciprocal bargain" at the heart of the GPL Alternative licenses: Mozilla, CPL, OSL and AFL Benefits of open source, and the obligations and risks facing businesses that deploy open source software Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more Enforcing the terms and conditions of open source licenses Shared source, eventual source, and other alternative models to open source Protecting yourself against lawsuits
This updated 7th edition examines fundamental issues that both vendors and customers may confront in the negotiation of a software license and a cloud computing agreement, including related issues such as software development, professional services, maintenance and support. Included are four new chapters and 41 new forms, checklists, and policies. The cloud computing chapter has been expanded.
This new Second Edition updates its first edition published in 2005 by examining the fundamental issues that both licensors and licensees confront in the negotiation of a software license. This resource is accompanied by and cross-referenced to an annotated software license. A detailed index and companion CD-ROM is also included for customization of the software license and related forms.
Updated and expanded, this sixth edition is an essential resource for lawyers who work with clients and conduct business transactions in this area. The guide includes new chapters on types of licenses, software development agreements, and software development kits and application program interfaces. New and updated model forms are available on an accompanying website that you can access allowing you to customize for your own practice needs.
"The LESI Guide to Licensing Best Practices, to which I was proudto contribute, has found solid acceptance in the internationallicensing community. The new volume of Licensing BestPractices maintains this high standard. It was designed to becomplementary to its predecessor and broadens the scope of thescholarship. Standing alone, Licensing Best Practices is avaluable source of contemporary information. In combination withThe LESI Guide to Licensing Best Practices, we have a veryvaluable source of insights and practical knowledge." —Heinz Goddar Partner Boehmert & Boehmert "Few if any other intellectual property references lay therequired geographic foundation for the scientific, business, andlegal issues presented. Goldscheider and Gordon demonstrate thattech transfer occurs in a global arena. The book lives up to itstitle: Licensing Best Practices." —James E. Malackowski President & CEO, Ocean Tomo, LLCpast president, LES-USA & Canada An invaluable complement to the field's acclaimed book onlicensing best practices Spanning the globe, from Scandinavia to Japan and Mexico toKorea, Licensing Best Practices provides a comprehensive anduser-friendly resource for professionals in licensing andtechnology management. Featuring contributions from some of themost highly regarded LESI professionals, this definitive guideincludes detailed discussions on some of the hottest topics inlicensing, including: Licensing and Technology Transfer to China Software Licensing as a Driver of the Indian Economy Secrets of Successful Dealmaking in Asia Licensing in Scandinavia-Home of Entrepreneurial Inventors,Industrialists, and Philanthropists Global Innovation and Licensing Opportunities on theInternet Energy and Environment Driving Technology and Licensing Licensing Nanotechnology Assuring Royalty Compliance in High Technology Licensing Intellectual Property Allocation Strategies in JointVentures Applications of Game Theory to IP Royalty Negotiations
The Tech Contracts Handbook is a practical and accessible reference book and training manual on IT contracts. This is a clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language.This handbook is written for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, as any good contract should.Topics covered include: ·Software as a service (SaaS) and cloud computing agreements ·Warranties ·Indemnities ·Open source software ·Service level agreements ·Nondisclosure agreements ·Limitations of liability ·Internet and e-commerce contracts·Software escrow ·Data security ·Copyright licensing ·And much more