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WordCamp Talk 2014

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"Ps and Qs of IP, Privacy Policies and Open Source Software" presentation, given October 4, 2014 at WordCamp Tampa.

Text of WordCamp Talk 2014

  • 1. Ps and Qs of IP, PrivacyPolicies and Open SourceSoftwareWordCamp TampaOctober 4, 2014

2. Intellectual Property Copyright Expression of ideas Trademarks Source indicator- logos, phrases Patents Inventions, business methods 3. Copyright Simple to invoke Fixation in a tangible medium Long period of protection Life of author + 70 years-single author Serious penalties Criminal, fines of up to $250,000 per offense 4. Copyright Registration is your best bet Gives you advantages Dont mail it to yourself!!! Registering software First and last 25 pages of source code Elements you want to protect, can includeaudiovisual elements 5. Copyright Owner gets a bundle of rights Reproduce work Display it publicly Make derivative works Distribute copies Perform the work- literary, dramatic works Perform via digital transmission- soundrecording 6. DMCA-Digital Millennium Copyright Act Covers sites where content is posted byothers Need copyright agent to receive takedownnotices, put back notices Viacom v. YouTube Upholds safe harbor protection for websites,puts responsibility to enforce rights oncopyright owner instead 7. Copyright Know who owns the work, get permission(license) Get permission in writing Dont just rely on fair use Pay attention to terms of use, licenses 8. Creative Commons Variety of Licenses Attribution Attribution-Share Alike Attribution-NoDerivs Attribution-Non Commercial Attribution-Non Commercial- Share Alike Attribution-Non Commercial-No Derivs 9. Trademark Source indicator for goods or services Matter of federal, state law Can include Names, slogans Logos Colors Scents Sounds 10. Trademarks Strongest protection- Federal registration Done by class of goods or services Can reserve mark prior to actual usethrough application Test for infringement Likelihood of confusion Unauthorized use of mark 11. Trademark Standard: Use in commerce Strongest protection: federal registration Factors for strength of mark: Generic Descriptive Suggestive Arbitrary or Fanciful 12. Trademark New gTLDs Concern for trademark owners Over 1900 domains applied for with ICANN .app, .blog, .book, .sucks, .rip Applications being evaluated Some going to contract soon Trademark Clearinghouse Will give TM owners opportunity to object toregistrations for infringing domains 13. Privacy Policies Why do we haveprivacy policies? 14. Privacy Policies And people want toknow what youredoing with their data 15. Privacy Policies and ToS but lets face it, most people just clickaccept and heres whyWhy We Just Click AcceptTrying to makethe update popup go awaySo much tinyfontJust take me tomy downloadalready!Boring! 16. Species of Privacy Laws Species of Privacy Laws FERPA HIPAA COPPA CALOPPA Potpourri of State Privacy Laws EU Data Privacy Laws Cloud Mobile Payments 17. Terms of Service or Use/EULAs Rules of the road Govern what you can do Hey, thats my light saber! Apps w/ terms that conflict with the appthey work with i.e. SnapHack and Snapchat 18. COPPA Childrens Online Privacy Protection Act(COPPA) (1998) Prohibits operators of commercial websitesand online services; From collecting or disclosing personalinformation Of minors under age 13; Without verifiable parental consent 19. COPPA Notice required Operators must tell parents what information iscollected and how it is used, even if they consent Not just for Kids Sites Applies to any site that collects birth dateinformation from children Many sites forbid registration if D.O.B. indicatesuser is under 13, to avoid COPPA problems COPPA prohibits conditioning a childs participation in agame, or the offering of a prize, on child disclosing morepersonal information than is necessary to participate 20. CALOPPA California Online Privacy Protection Act Requires all commercial operators ofwebsites or online services conspicuouslypost privacy policies to inform consumersabout Categories of PII being collected and With which 3rd parties the PII will be shared 21. CALOPPA New requirements- eff. Jan 1, 2015 Delete button: Require retailer to allow minorwho is registered user to delete or requestdeletion of any content posted by the minor Operators must provide minors with notice ofability delete online content and instructions Operators prohibited from marketing oradvertising certain categories of products orservices to minors 22. CALOPPA Joint Statement of Principles With major app platforms Voluntarily agreed to Provide consumers with opportunity to reviewapps privacy policy before downloading Work to educate app developers about theirprivacy obligations, and Develop tools for consumers to report non-compliantapps 23. DMCA Make sure you have a copyright agent Register with the Copyright Office Have a takedown/put back policy Follow it! 24. Best Practices Keep it current Revisit often Keep it prominent Should be living documents Revise often, adapt to meet new needs Monitor FTC rulings, developments Be really careful about apps & kids Protect the data you collect Collect only as much data as you need 25. Open Source Software Software where source code is available Greater freedom to use, modify Great variety in license terms, types Can save you time, money But what does that license say? 26. Open Source- Who isLicensing? Author Contributor Distributor 27. Licensing SpectrumBSD/MIT CDDL/MPL GPL2/GPL3Less Restrictive/Wide Open More Restrictive/Militantly Open 28. Terms to Consider1. Heredity2. Copyleft3. Linking4. Open source improvements5. Patent Grant6. Merging7. Distribution8. Change tracking9. Attribution10. Hardware Locks 29. License Terms- Permissive Beer License Can do what you want with source code BSD Have to use copyright notice MIT More like a license grant Apache Patent grant, attribution requirement 30. Hybrid Licenses Usually revocable if you violate terms Eclipse Have to make source code available MPL, CDDL Very popular MPL requires new license for newcontributions Artistic License 2.0 APL 31. Restrictive/Copyleft Licenses Keep software open source forever GPL, LGPL GPL2 GPL3 LGPL Exceptions for linking to use libraries 32. GPL 2 or Later GPL 2 Strong copyleft No linking Can charge for object code, but must providesource code Have to give attribution No hardware locks 33. GPL 3 Major changes Cannot use with digital rights managementmedia Adds hardware lock protection Grant anyone using or modifying code licenseto use patents that protect algorithms in code Cant link to code w/ DMCA protections 34. Why Do the Licenses Matter? Can affect Products Company Finances And everyonesfavorite.lawsuits! 35. Recent Litigation Patent cases Copyright cases BusyBox software Table Turner Palm Pre 36. Best Practices Know where every line of code came from Know what the license says Include required documentation Know what will trigger the license Cover open source issues in contractswith suppliers Indemnities Train your team 37. More Tips Evaluate risk Value versus risks Be very, very responsive to claims Audit and track your IP Create policies and follow them Document compliance efforts 38. How Not to Provide Author Info Dont just include link to generic license Have to provide the info to fill in the blanksto help people comply 39. Questions? Follow me on Twitter@punklawyer @ChrissieScelsi

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