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Legal Papers and Presentations

This page contains links to Open Source-related articles, papers, presentations and similar materials created by and for a legal audience. All of these materials are provided subject to Open Bar's Terms of Use and the Disclaimers.

All of the materials express the opinions of the authors, and do not necessarily reflect the opinions of Open Bar or any of its officers, directors or members. All materials included on or linked to from this site are for educational purposes only, and are neither legal advice nor legal opinions. If you need legal advice on open source issues, please consult your attorney.

General/Background

Title	Author	Summary	Date	Format
A Little Knowledge Can Hurt! The Quandary of a Balanced IPR Policy	Michele Herman and Tom Watson	A paper on the intellectual property rights (IPR) policy and processes adopted by a standards setting organization (SSO).	March, 2006
Intellectual Property Risks Associated with Implementing Open Industry Standards	Michele K. Herman	A tutorial on Intellectual Property Risks Associated with Implementing Open Industry Standards	March, 2006
Free and Open Source Software: An Introduction	Gwyn Firth Murray	A brief "primer" on the basics of FOSS, including a summary of its history, characteristics and increasing influence.	January, 2006
Open Source and the Commodity Urge: Disruptive Models for a Distruptive Development Process	Matthew N. Asay	Discussion of how the most important innovations for the next decade of software will come from business model innovation, mostly spawned by open source license requirements.	November 8, 2004
Will Open Source Close Your Exit?	Karen F. Copenhaver Ira Heffan	Overview of some effects of open source in M & A transactions.	Winter 2004
Open Source Software: Weighing the Benefits and Risks	Ira Heffan	Overview of some of the benefits and restrictions of open source licensing.	Summer 2001

Best Practices

Title	Author	Summary	Date	Format
Published as: Attribution Requirements in FOSS Licensing	Gwyn Firth Murray	Most FOSS Licenses Require Some Form of Attribution	September 2007
Published as: Bringing FOSS into the Enterprise: Thoughts on Best Practices in the Oregon Intellectual Property Newsletter	Gwyn Firth Murray	Free and Open Source Software Best Practices in the Enterprise	October 2006
Getting with the Program: A Guide for Lawyers Working with Free and Open Source Software in the Enterprise	Gwyn Firth Murray	Free and Open Source Software Best Practices in the Enterprise	October 2005

License Analysis and Enforceability

Title	Author	Summary	Date	Format
Taking the Case: Is the GPL Enforceable?	Jason B. Wacha	Identifies and addresses the major arguments regarding the enforceability of the GPL.	January, 2005
Why You Need to Understand Open Source Licenses	Heather Meeker	Open source background, business models and risks.	July 2001
Explanation and analysis of the concept of "copyleft"	Ira Heffan	Analysis of GPL's enforceability as a shrinkwrap and shareware license agreement.	July, 1997

Litigation

Title	Author	Summary	Date	Format
Open Source Litigation August 2004	Jason B. Wacha	Summary of current issues in open source-related litigation.	August 2004
What Should You Know About SCO International?	Ira Heffan Miguel C. Danielson	Background on SCO claims regarding Linux.	July, 2003

Mergers & Acquisitions

Title	Author	Summary	Date	Format
Buying the Penguin: Acquisitions and Open Source	Heather Meeker	Issues to consider when purchasing companies who may be utilizing open source.	July 2003

Open Standards

Title	Author	Summary	Date	Format

Patents

Title	Author	Summary	Date	Format

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