The few legal researchers in this area worldwide seem hell-bent on fitting
free software into a copyright mold, even though the introduction of
copyright coverage of software had been very divisive in its time and cut
hackers (I use this term interchangeably with free software developer) off
from a previously communally held resource. This may once have been the only
option, but I now believe that the exclusive reliance on copyright has had
its day.
A new law to protect free software, a sui generis or "of its own kind"
legislative regime, is warranted for a number of reasons: First, it will
extend the ambit and number of rights already granted in free software
licenses, which would prevent vexatious cases such as SCO vs. IBM from ever
coming to the fore by giving exemptions, for example, from liability for
inadvertent infringements of copyright by free software dev... (more)
Free software has relied on the system of copyright together with licenses,
or contract law, to protect it since the decision was taken in the US in 1980
to extend the Copyright Act to cover software as a literary work.
Whereas proprietary software licenses restrict what the user can do, free
software licenses amplify the limited rights available to users under
copyright. Copyright vests automatically in the author, meaning that s/he
doesn’t have to do anything - such as registration - in order to protect
the work. It also binds everyone, even if they are unaware of the
infringem... (more)
The Justice Department made it crystal clear this morning that if Google
hadn’t abandoned its controversial ad deal with Yahoo the companies would
have found themselves in court.
The agency put out a statement from the head of its antitrust unit Thomas
Barnett saying that Yahoo and Google “abandoned their advertising agreement
after the Department of Justice informed the companies that it would file an
antitrust lawsuit to block the implementation of the agreement.”
And he explained why the agency had decided to sue: “If implemented, the
agreement between these two companies accoun... (more)
Maureen O'Sullivan is a UK-based lecturer
Scott Sellers
Anthony Franco
Daniel Morris
Wayne Walls
Niki Acosta
Jereme Hancock
Oren Michels
Marvin Wheeler
Douglas Kim
Ken Guiberson
