Vous êtes sur la page 1sur 3

I.

INTRODUCTION
1. Software
2. Online Content Theft

A. KINDS OF SOFTWARES
1. Open Source
- Short discussion
2. Commercial
- Short discussion

B. CAN SOFTWARE QUALIFY FOR PATENT PROTECTION?

C. UNDERSTANDING OPEN SOURCE SOFTWARE


1. Definition
- https://opensource.org/osd
- https://github.com/open-source
- Various articles. Google it.
2. Characteristics of Open Source
a. Free
Free to use, Free to modify, Free to share, Free to redistribute.
When you download a copy, you own it. It's completely yours.
b. Created and Improved by Volunteers (Community of Users)
- a large group of contributors all over the world may donate their
time and skills to develop a software for everyone.
3. Examples of Open Source Software for Website Creation
a. WordPress (www.wordpress.org)
- About
b. Joomla (www.joomla.org)
- About
c. Ghost (www.ghost.org)
- About
D. POSSIBLE ISSUES REGARDING INTELLECTUAL PROPERTY PROTECTION
AND SUGGESTED DISPUTE RESOLUTION
1. Issues for Open Source Softwares
a. What if an Open Source Software is downloaded and modified; and
sold to a 3rd party, who owns the copyright?
b. The Open Source system of software development is community-
based. Anyone can modify and improve the same. Programmers who
introduces new codes have their own respective copyrights. The
question now is about ownership.
Who owns the latest improved software?
What if the original author of the software decides to register the
original software for patent protection, what happens to the
modification of codes by other programmers with respect to
intellectual property protection?
c. What if the original creator of an Open Source Software decides to
register the software for patent protection, what happens to the
existing websites powered by said software What about those copies
of the Open Source software which are downloaded and saved on a
computer or on an online server, will they be covered by the patent
protection?
2. Issues for Commercial Softwares
a. There are several softwares which are uploaded and distributed in
various hackers online community (e.g. bestblackhatforum.com).
Anyone can download the software and freely use it. What is the
remedy of the software author with respect to intellectual property
protection. How can the author prevent those who are already using
the software without authorization?
b. An unauthorized hacker may crack or null certain encrypted
computer software in order to use the same freely. Is the reason of a
hacker telling the creator of a product, like were just testing your
software before we decide to buy it a valid reason. Is Fair Use defense
applicable?
c. Another problem is the geographical location. How can the hackers be
prosecuted in case they reside in different countries?
- In the absence of International Law, which Law is applicable.
3. CASES OF ACTUAL INFRINGMENT
a. Software Related Disputes
i. Ownership issues
ii. Infringement Issues
iii. Related Legal Principles
4. VALID DEFENSES
a. Fair Use
b. Prior User
c. Etc
II. CONTENT THEFT UNDER PAID BLOGGING AGREEMENTS
A. Understanding Paid Blogging Agreement
B. Possible Issues Regarding Paid Blogging Agreement
How to prosecute a blogger, residing in different countries, who copies an
article posted in a Paid Blogging website without attribution.
The easiest available remedy to anyone in case of copyright infringement
is to contact the blog owner. In the absence of a treaty what is the
remedy if the original author wants to claim damages.
III. SUGGESGED PACIFIC SETTLEMENT
A. For Open Source Software
1. Prior to the application of Patent Protection, the prior version should still
be open source.
2. After the application of the Patent protection, the users of the updated
version shall need to get a license first.
3. Software developers will still be allowed to modify and distribute the
software which is not covered by the patent protection.
4. Software Upgrade and Pay
5. For Paid Blogging
1. Mandatory attribution by providing a backlink to the original source.
2. Etc