Free and Open Source Software Policy, Law and Practice

Author: Noam Shemtov; Ian Walden
Publisher: Oxford University Press
ISBN: 9780199680498
Published In: November 2013
Format: Paperback , 544 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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First in-depth treatment of Free and Open Source Software (FOSS) arrangements and its relationship with other areas of law.
Comprehensive coverage of FOSS in relation to different IP regimes, its commercial implications and policy implications
Written by expert FOSS practitioners and researchers.

Free and Open Source Software (FOSS) is realised through legal instruments, private law agreements, licences, promises and community norms. These private law instruments reside within a public law framework that grants exclusive and monopoly rights to creators of intellectual property.

Written by FOSS experts, this work delivers an in-depth examination of the legal and commercial structures relating to the usage and exploitation of FOSS software. FOSS has become an increasingly important component of the ICT industry, embodied in the products that we use and the systems we depend on. Major industry players such as IBM have embraced FOSS and it impacts on all its users.

This work will enable readers to understand the legal environment within which FOSS operates. The first part examines FOSS in relation to the key IP regimes. The commercial implications of FOSS are then examined from different components of the supply chain. The final part examines the implications of FOSS for policy makers.

Readership: Legal practitioners worldwide advising the IT industry. Also of interest to policy-makers, computer scientists and IP academics.

1: Ian Walden: Open Source as Philosophy, Methodology and Commerce: Using Law with Attitude
2: Ross Gardler: Open Source and Governance
Part 1: Intellectual Property Regimes
3: Luke McDonagh: Copyright, contract and FOSS
4: Noam Shemtov: Trade Marks and FOSS
5: Malcolm Bain: Patents and FOSS
6: Peter Langley: Patent Litigation and Patent Wars
Part 2: Business Models and Usage
7: Amanda Brock: Commercial Agreements
8: Neil Brown: Business Implications of FOSS
9: Jakub Mencl and Kuan Hon: FOSS in a Cloud Environment
Part 3: Public Policy Issues
10: Alan Cunningham: Open Source, Standardisation and Innovation
11: Iain Mitchell QC: Public Sector and Open Source
12: Andrew Katz: Open Everything

Noam Shemtov is a lecturer in Intellectual Property and Technology Law at the Centre for Commercial Law Studies at Queen Mary, University of London. He is the LLM course convener for Intellectual Property and the Creative Industries. He is also the Programme Director for Certificate in Intellectual Property and the Certificate in Trade Mark Law and Practice. Noam is also a visiting lecturer at Universidad Autonoma de Madrid and is a qualified solicitor both in the UK and in Israel.

Dr Ian Walden is Professor of Information and Communications Law and Head of the Institute of Computer and Communications Law in the Centre for Commercial Law Studies, Queen Mary, University of London. His publications include Telecommunications Law and Regulation (Editor, OUP, 4th ed., 2012). Ian has been involved in law reform projects for the World Bank, the European Commission, UNCTAD, UNECE and the EBRD, as well as for a number of individual states. Ian is a solicitor, Of Counsel to Baker & McKenzie <http://www.bakermckenzie.com/> and is on the Board of the Press Complaints Commission.

Contributors:
Andrew Katz, Partner, Moorcrofts LLP
Amanda Brock, Origin Ltd
Neil Brown
Iain G Mitchell QC, Murray Stable
Dr Luke McDonagh, Fellow, London School of Economics
Malcolm Bain, Founding Partner, ID Law Partners
Alan Cunningham, Cloud Computing Research Assistant, Queen Mary, University of London
Ross Gardler, OpenDirective LLP
Peter Langley, Managing Director, Origin Ltd
Jakub Mencl, Associate, White and Case LLP
Kuan Hon, Cloud Computing Research Assistant, Queen Mary, University of London