Bradley Kuhn
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7 Notable Legal Developments in Open Source in 2016
In 2012 the jury in the first Oracle v. Google trial found that Google's inclusion of Java core library APIs in Android infringed Oracle's copyright. The district court overturned the verdict, holding that the APIs as such were not copyrightable (either as individual method declarations or their "structure, sequence and organization" [SSO]). The Court of Appeals for the Federal Circuit, applying 9th Circuit law, reversed, holding that the "declaring code and the [SSO] of the 37 Java API packages are entitled to copyright protection." The U.S. Supreme Court declined to review the case, and in 2016 a closely watched second trial was held on Google's defense of fair use. In May 2016 the jury returned a unanimous verdict in favor of Google...
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Open Source Projects Aren't Tax Scams
IRS is eyeing open source projects and Tea Party groups as possible tax scams, raising a real question: Do open source foundations need nonprofit status? Read More »
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Top 10 FOSS Legal Stories in 2016
The year 2016 resulted in several important developments that affect the FOSS ecosystem. While they are not strictly "legal developments" they are important for the community. For one, Eben Moglen, the general counsel of the Free Software Foundation, stepped down. Eben has been a leader on FOSS legal issues since the late 1990s and has been critical to the success of the FOSS movement. The FOSS community owes him a huge debt of gratitude, and I expect that he will continue to be active in the FOSS community. The success of FOSS adoption was dramatically illustrated when Microsoft joined the Linux Foundation and summarized in the article, Open Source Won. So, Now What? in Wired magazine...
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OpenSym 2016
The International Symposium on Open Collaboration (OpenSym, formerly WikiSym) is an annual conference series dedicated to open collaboration research and practice. OpenSym’s fiscal sponsor is the U.S.-based 501(c)3 tax exempt non-profit organization The John Ernest Foundation. Any donations to OpenSym are therefore tax deductible under U.S. tax law...
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