Patents & Copyright
& Trademarks...
Oh, why!?

Deb NicholsonCommunity Outreach Open Invention Network
Great Wide Open - 2014

Who I am

I am not a lawyer

I am definitely not your lawyer

What I'm going to cover

Three different areas of the law cover Intellectual Property

Trademarks for logos, names and symbols

Trademarks for logos, names and symbols

Copyright covers the written word, art and music

Trademarks for logos, names and symbols

Copyright covers the written word, art and music

Patent Law intended for inventions

What it covers

The (supposed) intent behind the law

How we as FOSS creators use it

Trademarks

Names, logos and symbols

Think of it as the style sheet.

Is this from who I think it's from?

Is it safe?

Will it be delicious?

All your red triangles belong to us?

Intent matters.

Apachaysoftwarez.com

If it feels shady, it's probably illegal.

A PatchySoftware

Satire is ok.

Even if it's poorly done.

Especially, if it's poorly done.

Usually good vs. Highly questionable

Using the trademark to refer to the holder

Using the trademark to talk about the holder

Using the trademark to say that you are using something

Check the project's policy

Using the trademark to impersonate the holder

Using your own version of the trademark in a similar context

Using the trademark to imply endorsement you don't have

Check the project's policy

Magenta!

Smell me, maybe?

Copyright

Originally just books.

Think of it as the content

Literary works, art, music

Literary works, art, musicand code

All our software licenses rest on top of copyright law.

Picking a license

Check your upstream

Picking a license

Check your upstream

Check with your boss

Picking a license

Check your upstream

Check with your boss

Copyleft and derivative works

Picking a license

Check your upstream

Check with your boss

Copyleft and derivative works

Permissive licenses

Picking a license

Check your upstream

Check with your boss

Copyleft and derivative works

Permissive licenses

Special snowflakes

Picking a license

Check your upstream

Check with your boss

Copyleft and derivative works

Permissive licenses

Special snowflakes, not recommended

Picking a license

Check your upstream

Check with your boss

Copyleft and derivative works

Permissive licenses

Special snowflakes, not recommended

Unless you are an expert

You got your patents in my copyright?!

Patents

Functionality

Think of it as the answer to, But what does it do?

What is patentable?

What isn't patentable?

What isn't patentable?

Things other people have already done, aka novel

What isn't patentable?

Things other people have already done, aka novel

Things that are obvious

What isn't patentable?

Things other people have already done, aka novel

Things that are obvious

Things that don't or can't exist

What isn't patentable?

Things other people have already done, aka novel

Things that are obvious

Things that don't or can't exist

Algorithms (on their own)

What isn't patentable?

Things other people have already done, aka novel

Things that are obvious

Things that don't or can't exist

Algorithms (on their own)

Naturally occurring phenomena

What isn't patentable?

Things other people have already done, aka novel

Things that are obvious

Things that don't or can't exist

Algorithms (on their own)

Naturally occurring phenomena

Illegal activity

What isn't patentable?

Things other people have already done, aka novel

Things that are obvious

Things that don't or can't exist

Algorithms (on their own)

Naturally occurring phenomena

Illegal activity

Notably, tax fraud

Functional claiming

I fix this problem

I fix this problem, on a computer

Patent suits involving NPEs

Source: PatentFreedom 2013. Data captured as of January 18, 2013.

40% of the time

It's not just about trolls, though

What can you do?

Join the Open Invention Network's non-aggression community for FOSS

What can you do?

Join the Open Invention Network's non-aggression community for FOSS

Which includes access to our defensive patent pool

What can you do?

Join the Open Invention Network's non-aggression community for FOSS

Which includes access to our defensive patent pool

Choose a license with a patent clause

What can you do?

Join the Open Invention Network's non-aggression community for FOSS

Which includes access to our defensive patent pool

Choose a license with a patent clause

Defensive publishing

What can you do?

Recap

I am not a lawyer

Trademark: Don't pretend to be someone else.

Copyright: Choose a license that matches your goals for your code.

Patents: The best offense, ...is defense.

When in doubt, get a lawyer.

Picture Credits

CC.BY - Yellow Brick by Matti Mattila (Flickr) - Moon Cakes by Atlaslin (Wikipedia) - Citgo Sign by Kent Goldman (Flickr) - Feather by Nathan Jones (Flickr) - Beware of the Butterfly by Valentina Powers (Flickr) Battleship by Derek Gavey (Flickr) CC.BY.SA - Yellow Brick Wall by Lee Jordan (Flickr) - Bass Beer by Don Lavange (Flickr) Renaissance Lighbulb by eoin (Flickr) - Troll by Deb Nicholson (mine) - Plastic Boss by noii (Flickr)

GFDL - Cow by Daniel Shwen (Wikipedia)

Public Domain - Caerula Frog by Liquid Ghoul (Wikipedia)

Fair Use - Apache Logo (from the Apache Software Foundation)

Questions?deb@openinventionnetwork.com