Wolters Kluwer Law & Business Open Source Software and Intellectual Property Rights (Information Law series 32)

This book proposes a sui generis model for software, following the pattern of recently developed technological distinctions in such fields as database protection, integrated computer circuits, plant breeders rights, and the recognition given to collective rights like collective trademark, geographical indication, and traditional knowledge. The author approaches his proposal of a model software law via a thorough analysis of the matter, involving such issues and topics as the following: contract law versus licensing law; existing public licenses and public distribution systems; scope of the license geographic regions and markets, fields of use and products, sublicensing, royalties; exclusions, term, revocation, and termination of license; copyleft and infectious terms; distribution system libraries, kernel modules, source code editors, compilers; patents and interoperability; applicability of the principle of exhaustion, the unclean hands defence, and the misuse doctrine; implied license; internationalization challenges; and status and standing of subsidiaries, controlled companies, and affiliates. The author s analysis draws on case law, legal commentaries, books, journal articles, trade journals, and magazines, as well as on informal interviews and discussions with academicians and practitioners. A full model software law is presented in the last chapter. The book puts forth a major initiative to correct the balance between public and private rights to computer software.