Exposure Point 1: Open Source Software

The Open Source movement, with products like Linux, mySQL, and JBoss continues to gain momentum and represents significant opportunities and challenges for IP management. There's lots of open source software out there. There's not a single Open Source license and some of them are extremely onerous. The General Public License (GPL) provides very strong ownership rights back to the Free Software Foundation in exchange for use of Open Source Software. This creates potential devaluation of a company's assets if it has leveraged these Open Source materials in a way that impacts its ownership of key IP.

Moreover, the GPL is unable to police itself as is evident in the case of Linux. There is no monitor of the IP that is transferred into the Open Source portfolio. This creates potential liabilities for companies that utilize these resources. In addition to IBM, Daimler Chrysler is being sued for breach of contract for use of Linux. So, there is no free lunch and no free software.

So, I decided to take a crack at rewriting IPX's copy to be more accurate and useful to those interested in protecting themselves against IP problems. Maybe someone who is trying to address real issues for their clients rather than manufacturing a crisis will find it useful.

Exposure Point 1: Closed Source Software

Closed Source software, with products like Microsoft's Windows, SQL Server, and Internet Explorer continues to dominate much of the software market and represents a significant challenge for IP management. There is lots of closed source software out there. There's not a single closed source end user license agreement (EULA) and some of them are extremely onerous. The Microsoft Windows EULA provides very strong rights back to Microsoft to access your private information in exchange for use of Microsoft Windows in potential violation of Federal laws (for example, Gramm-Leach-Bliley Act of 2001 violations or HIPAA violations). This creates potential devaluation of a company's assets if it exposes private information in violation of Federal laws and could result in criminal or civil sanctions against a company or its officers.

Moreover, Microsoft is unable to police itself as is evident in the case of Timeline. There is poor monitoring of the IP that is transferred into Microsoft's closed source portfolio. This creates potential liabilities for companies that utilize these resources. In addition to Timeline and their customers, Eolas, AT&T, and a litany of others have caught Microsoft breaching their IP rights in the production of Microsoft products. So, there is no safety in closed source software.