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Software Licenses   >   Further Reading   >   Books

   
 

Books about Software Licenses


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Open Source Licensing: Software Freedom and Intellectual Property Law

By Lawrence Rosen

Prentice Hall
Released: 2004-08-01
Paperback (422 pages)

Open Source Licensing: Software Freedom and Intellectual Property Law
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“I have studied Rosen’s book in detail and am impressed with its scope and content. I strongly recommend it to anybody interested in the current controversies surrounding open source licensing.”
—John Terpstra, Samba.org; cofounder, Samba-Team
“Linux and open source software have forever altered the computing landscape. The important conversations no longer revolve around the technology but rather the business and legal issues. Rosen’s book is must reading for anyone using or providing open source solutions.”
—Stuart Open Source Development Labs

A Complete Guide to the Law of Open Source for Developers, Managers, and Lawyers

Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work—and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today’s leading licenses, and helps you make the best choices for your project or organization. Coverage includes:

  • Explanation of why the SCO litigation and other attacks won’t derail open source
  • Dispelling the myths of open source licensing
  • Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks
  • “Academic licenses”: BSD, MIT, Apache, and beyond
  • The “reciprocal bargain” at the heart of the GPL
  • Alternative licenses: Mozilla, CPL, OSL and AFL
  • Benefits of open source, and the obligations and risks facing businesses that deploy open source software
  • Choosing the right license: considering business models, product architecture, IP ownership,
  • license compatibility issues, relicensing, and more
  • Enforcing the terms and conditions of open source licenses
  • Shared source, eventual source, and other alternative models to open source
  • Protecting yourself against lawsuits

A Primer on Intellectual Property Licensing

By Heather Meeker

Brand: Awe-Struck
Released: 2004-10-05
Paperback (166 pages)

A Primer on Intellectual Property Licensing
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A PRIMER ON INTELLECTUAL PROPERTY LICENSING (Second Edition) is a compact, practical guide to one of the most dynamic and popular areas of legal practice today-intellectual property licensing. Developed by an attorney in private practice who specializes in Silicon Valley technology licensing, this guide presents the basic rules of law you need to know for a licensing practice, along with helpful examples of contractual language, practice tips, and insights on custom and practice in the industry. This textbook is appropriate for a law school or business school seminar, or for practicing attorneys who wish to expand their practice into this exciting field. Individual chapters from this text are also available for seminars and CLE presentations (in electronic format).

A Practical Guide to Software Licensing for Licensees and Licensors

By H. Ward Classen

American Bar Association
Released: 2017-06-01
Paperback (848 pages)

A Practical Guide to Software Licensing for Licensees and Licensors
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With intellectual property rights assuming greater importance in today's world and licensing issues and developments constantly evolving, this book is an essential resource for lawyers who need to understand software licensing. The sixth edition examines the fundamental issues that both licensors and licensees confront in the negotiation of a software license and, where appropriate, looks at relevant ancillary issues such as software development, cloud computing, professional services, and maintenance and support. It primarily focuses on non-mass market agreements, since most “retail” or mass market “off-the-shelf” software is governed by non-negotiable “shrink-wrap,” “browse-wrap,” and “click-wrap” licenses. Nonetheless, the principles of software licensing are the same for shrink-wrap, browse-wrap, click-wrap, and custom-developed software.

Written in practical, easy-to-understand language, this book is cross-referenced to a model agreement. It is written from the perspective of both the licensor and the licensee and includes model forms with alternative clauses to fit many perspectives. New to this edition, an online website will accompany the book that includes customizable and easy-to-use forms and agreements. The sixth edition includes new chapters on:

  • Types of Licenses (New Chapter)
  • Software Development Agreements (New Chapter)
  • Software Development Kits and Application Program Interfaces (New Chapter)
  • 16 New Forms
  • Accompanying Online Website with Model Forms and Agreements

Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements (Corporate and Securities Law Library)

By Mark G. Malven

Practising Law Institute
Spiral-bound (410 pages)

Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements (Corporate and Securities Law Library)
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In a world that is increasingly focused on technological innovation, Technology Transactions: A Practical Guide to Drafting and Negotiating Commercial Agreements provides the reader with the tools necessary to draft, review and negotiate technology transaction agreements with the confidence that he or she is properly addressing the most important issues.

This comprehensive title walks the reader through the major legal considerations that surround any technology transaction, including knowledge of the:
  • Intellectual property basics
  • Regulatory framework of the Internet and domain name system
  • Digital Millennium Copyright Act

Technology Transactions also provides a complete discussion of the many privacy considerations that must be kept in mind in an agreement to leverage any emerging technology. Considerations under the following statutes are discussed:
  • HIPAA
  • The Gramm-Leach-Bliley Act
  • The Childrens Online Privacy and Protection Act (COPPA) as well as the many protections that are afforded to international data transfers

The first eight chapters of Technology Transactions discuss specific types of commercial agreements often used in technology transactions, including:
  • Software license agreements
  • Software development agreements
  • Reseller agreements
  • Cloud computing agreements
  • Domain name transactions
  • Technology licensing and IP-centric joint ventures
  • Technology escrow agreements
  • Non-disclosure agreements

Technology Transactions provides practical examples, including nine form agreements, as well as practice tips on how to avoid common and uncommon legal traps for the unwary.

The Tech Contracts Handbook: Cloud Computing Agreements, Software Licenses, and Other IT Contracts for Lawyers and Businesspeople

By David W. Tollen

American Bar Association
Released: 2016-01-07
Kindle Edition (275 pages)

The Tech Contracts Handbook: Cloud Computing Agreements, Software Licenses, and Other IT Contracts for Lawyers and Businesspeople
 
Product Description:
The Tech Contracts Handbook is a userfriendly reference manual and training guide on software licenses and other IT agreements, along with cloud computing issues. This handbook is for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps, most important, the book uses clear, simple English, just like a good contract.

The book describes each clause typically found in a technology agreement, outlines the issues at stake, and offers negotiation tips and sample contract language. The book addresses four principle types of IT contracts:

• Software license agreements and software ownership agreements
• IP professional services agreements
• Cloud services agreements
• Combination agreements

Topics include warranties, indemnities, open source software, nondisclosure agreements, limitations of liability, software escrow, data security, copyright licensing, both private and government contracts, and much more.

The Open Source Alternative: Understanding Risks and Leveraging Opportunities

By Heather J. Meeker

Wiley
Hardcover (304 pages)

The Open Source Alternative: Understanding Risks and Leveraging Opportunities
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This book is a user manual for understanding and deployment of open source software licensing in business. Written for lawyers and businesspeople alike, it explains and analyzes open source licensing issues, and gives practical suggestions on how to deal with open source licensing in a business context. Including useful forms, information, and both technical and licensing background, this book will help you avoid legal pitfalls and edcuate your organization about the risks of open source.

Legal Guide to Video Game Development

American Bar Association
Paperback (315 pages)

Legal Guide to Video Game Development
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This authoritative handbook takes you through the legal maze of producing a video game, from the moment you get the original idea through publication. This practical, prescriptive book is an essential resource for legal professionals with clients in the area as well as for video game developers.

Each chapter in this revised edition of Legal Guide to Video Game Development contains a general road map to one legal aspect of video game production:
  • Patents, Copyright and Trademarks
  • Business and Finance Issues
  • Risk and Insurance
  • Intellectual Property Agreements
  • Licensing and Open Source Material
  • EULAs and Terms of Use
  • The Children’s Online Privacy Protection Act
  • Publishing Your Game

Written by experienced lawyers who work closely with their software and video game developer clients, this is a guide to the process of taking an idea and creating a product, from beginning to end. Chapters include the relevant forms, agreements, and contracts for that phase of production, as well as numerous helpful tips on negotiation and decoding legalese. The book features an online forms library with downloadable templates for the end-user license agreements, terms of use, and nondisclosure agreements you’ll need.

Legal Guide to Video Game Development is perfect for entertainment and intellectual property lawyers; art, design, trade, and law schools; and burgeoning artists with an idea, in need of a guide to get them to inception.

Open (Source) for Business: A Practical Guide to Open Source Software Licensing -- Second Edition

By Heather Meeker

CreateSpace Independent Publishing Platform
Paperback (284 pages)

Open (Source) for Business: A Practical Guide to Open Source Software  Licensing -- Second Edition
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Heather Meeker’s Open Source for Business is a practical, readable guide to help businesspeople, engineers, and lawyers understand open source software licensing. Based on the author’s twenty years as an attorney working at the crossroads of intellectual property and technology, this guide explains the legal and technical principles behind open source licensing so you can make the right decisions for your business. It offers tips on using open source, contributing to open source projects, and releasing your own open source software. You'll also get access to quick-reference tables on the major open source licenses, plus forms and checklists you can use to promote compliance. In this book, you will learn . . . • Why open source is not a “virus” • What the GPL is and how to handle it • When and how to conduct open source audits • What a user-friendly open source policy looks like • How to avoid and respond to open source enforcement claims • How to use open source to fight patent infringement claims • How to manage trademarks for open source products

Software Licenses (Iintellectual Property Law Series)

By LandMark Publications

LandMark Publications
Released: 2014-08-06
Kindle Edition (3343 pages)

Software Licenses (Iintellectual Property Law Series)
 
Product Description:
THIS CASEBOOK contains a selection of 95 U. S. Court of Appeals decisions that analyze and discuss issues related to the licensing of software applications. The selection of decisions spans from 2002 to the date of publication.

A copyright is better described as a bundle of rights: the right to reproduce the copyrighted work, the right to prepare derivative works from the copyrighted work, and the right to perform or display the copyrighted work. 17 U.S.C. § 106; see Davis v. Blige, 505 F.3d 90, 98 (2d Cir.2007). Thus, the author has the exclusive right to produce derivative works. See Dun & Bradstreet Software Servs., Inc. v. Grace Consulting Inc., 307 F.3d 197, 212-13 (3d Cir.2002); Dam Things from Denmark, 290 F.3d at 563-64. If the original work is copyrightable, then the original author or authors must consent to the creation of a derivative work by a third party — unauthorized creation of a derivative work, which incorporates the original work, constitutes an infringement of the underlying work. 17 U.S.C. § 106; 1 Nimmer on Copyright § 3.04; Dun & Bradstreet Software Servs., Inc., 307 F.3d at 212-13; Dam Things from Denmark, 290 F.3d at 563-64. Brownstein v. Lindsay, 742 F. 3d 55 (3rd Cir. 2014)

With respect to licensing a joint work, each co-author is entitled to convey non-exclusive rights to the joint work without the consent of his co-author. 1 Nimmer on Copyright § 6.10. See Davis, 505 F.3d at 98-100. The only caveat is that the licensing author must account to his co-author for his fair share of profits from any non-exclusive license. 1 Nimmer on Copyright § 6.12. If a co-author attempts to convey exclusive rights, his co-author can convey the same exclusive rights — in effect, such an exclusive license becomes a non-exclusive license. Id. § 6.10; see Davis, 505 F.3d at 100-01 ("A co-owner may grant a non-exclusive license to use the work unilaterally, because his co-owners may also use the work or grant similar licenses to other users and because the non-exclusive license presumptively does not diminish the value of the copyright to the co-owners."). Accordingly, the only way for truly exclusive rights to be conveyed to a joint work is for all co-authors to consent to such an exclusive conveyance. As with tenants in common of real property, a co-author can transfer or assign the rights to his ownership interest in the joint work, but this does not affect the ownership rights of his co-author. 1 Nimmer on Copyright § 6.11; Davis, 505 F.3d at 99-100. Brownstein v. Lindsay, ibid.

With respect to transferring the ownership of a joint work, a co-author cannot transfer the ownership interest of his co-author. The Copyright Act's "statute of frauds" requires that any transfer of an ownership interest must be signed and in writing. 17 U.S.C. § 204(a); see Barefoot Architect, Inc. v. Bunge, 632 F.3d 822, 827 (3d Cir.2011). Brownstein v. Lindsay, ibid.

The Tech Contracts Handbook: Software Licenses and Technology Services Agreements for Lawyers and Businesspeople

By David W. Tollen

American Bar Association
Paperback (250 pages)

The Tech Contracts Handbook: Software Licenses and Technology Services Agreements for Lawyers and Businesspeople
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This is a practical and accessible reference book and training manual on IT contracts. It's a clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language.This handbook is for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, like a good contract.Topics covered include:    Software as a service (SaaS) and cloud computing agreements    Warranties    Indemnities    Open source software    Service level agreements    Nondisclosure agreements    Limitations of liability    Internet and e-commerce contracts    Software escrow    Data security    Copyright


 
   
   

 
       


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