Eben Moglen

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7 Notable Legal Developments in Open Source in 2016

In 2012 the jury in the first Oracle v. Google trial found that Google's inclusion of Java core library APIs in Android infringed Oracle's copyright. The district court overturned the verdict, holding that the APIs as such were not copyrightable (either as individual method declarations or their "structure, sequence and organization" [SSO]). The Court of Appeals for the Federal Circuit, applying 9th Circuit law, reversed, holding that the "declaring code and the [SSO] of the 37 Java API packages are entitled to copyright protection." The U.S. Supreme Court declined to review the case, and in 2016 a closely watched second trial was held on Google's defense of fair use. In May 2016 the jury returned a unanimous verdict in favor of Google...

Amazon Web Services, Cisco, Dell, Facebook, Fujitsu, Google, IBM, Intel, Microsoft, NetApp, Rackspace, VMware And The Linux Foundation Form New Initiative To Support Critical Open Source Projects

Press Release | The Linux Foundation, Amazon Web Services, Cisco, Dell, Facebook, Fujitsu, Google, IBM, Intel, Microsoft, NetApp, Rackspace, VMware | April 24, 2014

The Linux Foundation today announced it has formed a new project to fund and support critical elements of the global information infrastructure. The Core Infrastructure Initiative enables technology companies to collaboratively identify and fund open source projects that are in need of assistance, while allowing the developers to continue their work under the community norms that have made open source so successful.

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Karen Sandler Addresses Open Source's "Identity Crisis"

For Karen Sandler, software freedom isn't simply a technical matter. Nor is it a purely ideological one. It's a matter of life and death. Sandler, Executive Director of the non-profit Software Freedom Conservancy, says software freedom became personal when she realized her pacemaker/defibrillator was running code she couldn't analyze. For nearly a decade—first at the Software Feedom Law Center, then at the GNOME Foundation before Conservancy—she's been an advocate for the right to examine the software on which our lives depend...

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Libre Software Meeting Makes Room For European Politicians

Gijs Hillenius | European Commission (EC) | June 29, 2013

Members of the European Parliament and public administrations working with free and open source software solutions are getting together at the Libre Software Meeting, taking place in Brussels between 8 and 11 July. Read More »

Open Source Needs To Clean Up Its Language

Simon Phipps | InfoWorld | November 1, 2013

The licensing terms 'weak copyleft,' 'strong copyleft,' and 'permissive' are confusing. Here are my proposed alternatives Read More »

Pursuing Adoption of Free and Open Source Software in Governments

Free and open source software creates a natural — and even necessary — fit with government. I joined a panel this past weekend at the Free Software Foundation conference LibrePlanet on this topic and have covered it previously in a journal article and talk. Our panel focused on barriers to its adoption and steps that free software advocates could take to reach out to government agencies. Read More »

The Linux Foundation’s Core Infrastructure Initiative Announces New Backers, First Projects To Receive Support And Advisory Board Members

Press Release | The Linux Foundation, The Core Infrastructure Initiative (CII) | May 29, 2014

The Core Infrastructure Initiative (CII), a project hosted by The Linux Foundation that enables technology companies, industry stakeholders and esteemed developers to collaboratively identify and fund open source projects that are in need of assistance, today announced five new backers, the first projects to receive funding from the Initiative and the Advisory Board members who will help identify critical infrastructure projects most in need of support...

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Top 10 FOSS Legal Stories in 2016

The year 2016 resulted in several important developments that affect the FOSS ecosystem. While they are not strictly "legal developments" they are important for the community. For one, Eben Moglen, the general counsel of the Free Software Foundation, stepped down. Eben has been a leader on FOSS legal issues since the late 1990s and has been critical to the success of the FOSS movement. The FOSS community owes him a huge debt of gratitude, and I expect that he will continue to be active in the FOSS community. The success of FOSS adoption was dramatically illustrated when Microsoft joined the Linux Foundation and summarized in the article, Open Source Won. So, Now What? in Wired magazine...