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Open Patent
Patentleft is the practice of licensing patents (especially biological patents) for royalty-free use, on the condition that adopters license related improvements they develop under the same terms. Copyleft-style licensors seek "continuous growth of a universally accessible technology commons" from which they, and others, will benefit. ''Patentleft'' is analogous to copyleft, a license that allows distribution of a copyrighted work and derived works, but only under the same or equivalent terms. Uses The Biological Innovation for Open Society (BiOS) project implemented a patentleft system to encourage re-contribution and collaborative innovation of their technology. BiOS holds patented technology for transferring genes in plants, and licenses the technology under the terms that, if a license holder improves the gene transfer tool and patents the improvement, then their improvement must be made available to all the other license holders. The open patent idea is designed to be p ...
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Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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Copyleft
Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, ''freedoms'' refers to the use of the work for any purpose, and the ability to modify, copy, share, and redistribute the work, with or without a fee. Licenses which implement copyleft can be used to maintain copyright conditions for works ranging from computer software, to documents, art, scientific discoveries and even certain patents. Copyleft software licenses are considered ''protective'' or ''reciprocal'' in contrast with permissive free software licenses, and require that information necessary for reproducing and modifying the work must be made available to recipients of the software program, which are often distributed as binary executables. This information is most commonly in the form of source code files, which usually contain a copy of the license terms and acknowledge the authors of t ...
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Libre Culture
The free-culture movement is a social movement that promotes the freedom to distribute and modify the creative works of others in the form of free content or open content without compensation to, or the consent of, the work's original creators, by using the Internet and other forms of media. The movement objects to what it considers over-restrictive copyright laws. Many members of the movement argue that such laws hinder creativity. They call this system "permission culture". The free-culture movement, with its ethos of free exchange of ideas, is aligned with the free and open-source-software movement, as well as other movements and philosophies such as open access (OA), the remix culture, the hacker culture, the access to knowledge movement, the copyleft movement and the public domain movement. History Precursors In the late 1960s, Stewart Brand founded the ''Whole Earth Catalog'' and argued that technology could be liberating rather than oppressing.. He coined the slog ...
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Patent Law
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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Licensing Executives Society International
The Licensing Executives Society International, or LES International (LESI, or formally "LES International, Inc."), is a not for profit, non-political, umbrella organization having 33 national and regional member societies, interested in technology transfer or licensing of intellectual property rights - from technical know-how and patented inventions to software, copyright and trademarks. It was founded in 1973, and incorporated in 2000 in the United States. As of 2019, LESI has approximately 9,000 individual members in 90 countries, including representatives of companies, scientists, engineers, academicians, governmental officials, lawyers, patent and trademark attorneys, and consultants".LESI
web site, ''About Us'', Consulted on December 11, 2019.
LESI publishes a quarterly journal called ''les Nouvelles''. The organization was one of eight trade organi ...
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Viral License
Viral license is an alternative name for copyleft licenses, especially the GPL, that allows derivative works only when permissions are preserved in modified versions of the work. Copyleft licenses include several common open-source and free content licenses, such as the GNU General Public License (GPL) and the Creative Commons Attribution-Sharealike license (CC BY-SA). Scope The term is most often used to describe the GPL, which requires that any derivative work also be licensed under compatible licenses with the GPL. The viral component is described as such because the licenses spreads a continuing use of the licenses in its derivatives. The "virality" can force a license change of free software, e.g. when software is derived from two or more sources having incompatible viral licenses in which the derivative work could not be re-licensed at all. Although the concept is generally associated with licenses that promote free content, some have attempted to compare it to the p ...
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Software Patent
A software patent is a patent on a piece of software, such as a computer program, libraries, user interface, or algorithm. Background A patent is a set of exclusionary rights granted by a state to a patent holder for a limited period of time, usually 20 years. These rights are granted to patent applicants in exchange for their disclosure of the inventions. Once a patent is granted in a given country, no person may make, use, sell or import/export the claimed invention in that country without the permission of the patent holder. Permission, where granted, is typically in the form of a license which conditions are set by the patent owner: it may be free or in return for a royalty payment or lump sum fee. Patents are territorial in nature. To obtain a patent, inventors must file patent applications in each and every country in which they want a patent. For example, separate applications must be filed in Japan, China, the United States and India if the applicant wishes to obtain pat ...
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Public Domain
The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, and composition. Legal definitions Creative works require a cre ... to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because those rights have expired, anyone can legally use or reference those works without permission. As examples, the works of William Shakespeare, Ludwig van Beethoven, Leonardo da Vinci and Georges Méliès are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by a country's copyright laws, and are therefore in the public domain; for example, in the United States, items excluded from copyright include the for ...
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Patent Troll
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, and the like). Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities which do not practice their asserted patent may not be considered "patent trolls" when they license their patented technologies on reasonable terms in advance. Other related concepts include patent holding company (PHC), patent assertion entity (PAE), and non-practicing entity (NPE), which may or may not be considered a "patent troll" depending on the position they are taking and the perception of that position by th ...
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Open Source
Open source is source code that is made freely available for possible modification and redistribution. Products include permission to use the source code, design documents, or content of the product. The open-source model is a decentralized software development model that encourages open collaboration. A main principle of open-source software development is peer production, with products such as source code, blueprints, and documentation freely available to the public. The open-source movement in software began as a response to the limitations of proprietary code. The model is used for projects such as in open-source appropriate technology, and open-source drug discovery. Open source promotes universal access via an open-source or free license to a product's design or blueprint, and universal redistribution of that design or blueprint. Before the phrase ''open source'' became widely adopted, developers and producers have used a variety of other terms. ''Open source'' gained ...
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Open Patent Alliance
The Open Patent Alliance is a patent pool that was announced on June 9, 2008, for owners and claimants of patents and intellectual property related to the WiMAX standard. The inaugural members include Alcatel-Lucent, Cisco Systems, Clearwire, Intel, Samsung The Samsung Group (or simply Samsung) ( ko, 삼성 ) is a South Korean multinational manufacturing conglomerate headquartered in Samsung Town, Seoul, South Korea. It comprises numerous affiliated businesses, most of them united under the ..., and Sprint. Owners and claimants who have not joined the alliance include Wi-LAN and Qualcomm. References OPA President Says Patent Pool Effort Must Change, WirelessWeek, June 2009WiMAX patent group issues call for patents, FierceBroadbandWireless, June 2009WiMAX group calls for patent pool, EE Times, June 2009 External links * Patent law organizations {{org-stub ...
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Open Invention Network
Open Invention Network (OIN) is a company that acquires patents and licenses them royalty-free to its community members who, in turn, agree not to assert their own patents against Linux and Linux-related systems and applications. History The company was incorporated on 31 October 2005. Based in Durham, NC, it was founded on November 10 by IBM, Novell, Philips, Red Hat, and Sony. NEC subsequently became a member. In December 2013, Google became a member. In July 2016, it was announced that Toyota became a member. On October 10, 2018, Erich Andersen announced that Microsoft joined as a licensee. Canonical Ltd., Canonical and TomTom are associate members. Keith Bergelt is the chief executive of the company. Bergelt had previously served as President and CEO of Paradox Capital, LLC As of November, 2021 membership in the OIN stood at approximately 3,500 business licensees. The list of applications considered by OIN, according to Red Hat's Mark Webbink, includes Apache HTTP Server, Ap ...
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