A fun and high-level intro to the various types of "intellectual property" for free and open source developers.

1. Patents & Copyright
& Trademarks...
Oh, why!?
Deb Nicholson
Community Outreach
Open Invention Network
Great Wide Open- 2014

2. Who I am

3. I am not a lawyer

4. I am definitely not your lawyer

5. What I'm going to cover

6. Three different areas of the law cover
“Intellectual Property”

7. ● Trademarks – for logos, names and symbols

8. ● Trademarks – for logos, names and symbols
● Copyright – covers the written word, art and music

9. ● Trademarks – for logos, names and symbols
● Copyright – covers the written word, art and music
● Patent Law – intended for inventions

10. ● What it covers
● The (supposed) intent behind the law
● How we – as FOSS creators – use it

11. Trademarks

12. Names, logos and symbols

13. Think of it as the style sheet.

15. Is this from who I think it's from?

16. Is it safe?

17. Will it be delicious?

19. All your red triangles belong to us?

21. Intent matters.

22. Apachaysoftwarez.com

23. If it feels shady, it's probably illegal.

24. A Patchy
Software

25. Satire is ok.

26. Even if it's poorly done.

27. Especially, if it's poorly done.

28. 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

29. Magenta!

30. Smell me, maybe?

31. Copyright

32. Originally just books.

33. Think of it as the content

35. Literary works, art, music

36. Literary works, art, music
and code

38. All our software licenses rest
on top of copyright law.

39. Picking a license
● Check your upstream

40. Picking a license
● Check your upstream
● Check with your boss

41. Picking a license
● Check your upstream
● Check with your boss
● Copyleft and derivative works

42. Picking a license
● Check your upstream
● Check with your boss
● Copyleft and derivative works
● Permissive licenses

43. Picking a license
● Check your upstream
● Check with your boss
● Copyleft and derivative works
● Permissive licenses
● Special snowflakes

44. Picking a license
● Check your upstream
● Check with your boss
● Copyleft and derivative works
● Permissive licenses
● Special snowflakes, not recommended

45. 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

46. You got your patents in my copyright?!

47. Patents

48. Functionality

49. Think of it as the answer to,
“But what does it do?”

51. What is patentable?

52. What isn't patentable?

53. What isn't patentable?
● Things other people have
already done, aka “novel”

54. What isn't patentable?
● Things other people have
already done, aka “novel”
● Things that are obvious

55. What isn't patentable?
● Things other people have
already done, aka “novel”
● Things that are obvious
● Things that don't or can't exist

56. 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)

57. 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

58. 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

59. 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

60. “Functional claiming”

61. “I fix this problem”

62. “I fix this problem, on a computer”

63. Patent suits involving “NPEs”
Source: PatentFreedom © 2013. Data captured as of January 18, 2013.

64. “40% of the time”

65. It's not just about trolls, though

70. What can you do?

71. ● Join theOpen Invention Network's
non-aggression community for FOSS
What can you do?

72. ● Join theOpen Invention Network's
non-aggression community for FOSS
● Which includes access to our defensivepatent pool
What can you do?

73. ● Join theOpen Invention Network's
non-aggression community for FOSS
● Which includes access to our defensivepatent pool
● Choose a license with a patent clause
What can you do?

74. ● Join theOpen Invention Network's
non-aggression community for FOSS
● Which includes access to our defensivepatent pool
● Choose a license with a patent clause
● Defensive publishing
What can you do?

75. Recap

76. I am not a lawyer

77. Trademark: Don't pretend
to be someone else.

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

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

80. When in doubt, get a lawyer.

81. Picture Credits
CC.BY - Yellow Brick by Matti Mattila (Flickr)- Moon Cakes by Atlaslin (Wikipedia) -
Citgo Signby Kent Goldman (Flickr) -Feather byNathanJones (Flickr) -Bewareof the
Butterfly by Valentina Powers (Flickr)– Battleship by Derek Gavey (Flickr)
CC.BY.SA - Yellow Brick Wall by Lee Jordan (Flickr) -Bass Beerby 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)

82. Questions?
deb@openinventionnetwork.com