| Judul | Abstract | Halaman |
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| Interoperability and open standards: The key to true openness and innovation | Most people agree that providing a shared set of standards produces a broad advantage for all actors involved in the ICT market. First of all, it is an advantage for active operators in that market (companies, developers, designers), but also for users of computer technologies, simple observers and scholars as well.
However, if on one hand the same concept of standard appears to be quite intuitive and broadly known, on the other hand not so many people are aware of the complex dynamics behind the standard definition process, particularly in relation to today globalized and technology-savvy world. Even fewer people seem aware that, when a standard definition process is not being carried with true transparency and care, this procedure could even become counterproductive for the innovation itself. Therefore, in recent years, a new approach for the standard definition process has been emerging, with the aim of producing standards based on the broadest level of openness and interoperability: the so-called open standards.
This essay will start by addressing the broad concept of standards, with specific reference to the world of technology; later, it will focus on the drafting process of standards, highlighting major problems regarding its legal, economic and technology aspects. The final section will concentrate on the very concept of an open standard. | 052 A15 Vol. 03, Issue 01, 2011 |
| Compatibility of the licensing of embedded patents with open source licensing terms | For many years software patenting has been an area of considerable contention, particularly in relation to whether it can, or should, be able to co-exist with Free and Open Source licenses. This issue has gained substantial additional impetus with the publication by the European Commission of the European Interoperability Framework, version 2, which, amongst other objectives, seeks to promote a level playing field for Free and Open Source Software in European public services. However, interoperability will often require the software to interact with a Standard which contains unavoidable patents. | 052 A15 Vol. 03, Issue 01, 2011 |
| Patentable subject matter: The view from europe | This article presents a review of the position regarding the availability of patent protection for computer-implemented inventions (software in particular) in Europe. The specifics of the European Patent Office approach to this, i.e. providing a low threshold for exclusion on grounds of non-patentable subject matter, but not allowing non-technical features to contribute to an inventive step, is contrasted with that in the United Kingdom, where the EPO-derived contribution approach still holds. Some comparisons are made with the position in the United States, post Bilski. | 052 A15 Vol. 03, Issue 01, 2011 |
| Open source licensing notices in Web applications | More and more applications are moving to the Web. Often, such applications present a combination of client- and server-side code. Almost all FOSS licenses require an explicit notice in the code regarding the license applicability and sometimes even the entire license text. However, for Web applications this approach can add significant performance penalties. In this article I discuss the theory and practice of various approaches towards this issue. | 052 A15 Vol. 03, Issue 01, 2011 |
| Groklaw - Where We Have Been and Where We Are Going | After 8 years documenting litigation, explaining complicated legal matters and debunking uncertainty in the field of FOSS, Pamela Jones passed the baton on the Groklaw.net news website over to Mark Webbink. Under his editorship, Groklaw 2.0 will remain committed to its values and accuracy in reporting, though it will increasingly engage with issues like patent litigation to reflect current market tensions and imperatives. | 052 A15 Vol. 03, Issue 01, 2011 |
| Free and open source software compliance: An operational perspective | FOSS compliance involves many operational considerations that go beyond legal matters and the purview of the Law Department. Compliance policies, processes, training, and tools enable a company to use FOSS effectively. Essential compliance elements include identification of FOSS used in products; review and approval of planned FOSS use; and satisfaction of license obligations. The Linux Foundation’s Open Compliance Program provides many resources to assist with compliance. | 052 A15 Vol. 03, Issue 01, 2011 |
