Theoretical No More: Blockchain Technology, Cryptocurrencies and the Tax, Legal and Business Implications
Podcast: Blockchain Intellectual Property Considerations for Innovators and Investors
GPL (General Public License) is one of the widely used licenses for open-source software. GPL requires derivative code based on GPL open-source code to also be distributed under GPL, ensuring open-source availability. This...more
Open-source software (OSS) representations and warranties are an integral part of the intellectual property (IP) representations and warranties in mergers and acquisitions (M&A) transactions and financings, as M&A transaction...more
Companies (including through the use of AI) are increasingly reliant on open source software to expedite their software development. A recent case filed in California, SFC v. Vizio, calls upon the state court to interpret two...more
Generative Artificial Intelligence (AI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users, making it the fastest-growing...more
In Part 1 of this article, I addressed various legal issues that can arise with AI-based code generators. Many of these problems stem from using open source to train the models and the compliance obligations imposed by the...more
AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise...more
Recently filed litigation against Microsoft Corporation, GitHub, Inc., and various OpenAI entities ("Defendants") highlights new challenges that generative artificial intelligence ("AI") presents and risks associated with...more
Open-source software is different from traditional, licensed software, and some developers might want to be careful about how they use open-source platforms. AI has complicated matters further, and developers need to be aware...more
Host Mary O'Brien interviews Wilson Sonsini technology transaction attorneys John McGaraghan and Andrew Poling to discuss open source software and considerations for gaming companies. Conversation Highlights: - an...more
With technology deals increasingly involving open source software (OSS), clients are seeking our help analyzing OSS licenses, developing open source policies and negotiating contract terms for open source. In this episode,...more
On September 14, 2022, the Office of Management and Budget (“OMB”) issued a memorandum on Enhancing the Security of the Software Supply Chain through Secure Software Development Practices (“OMB Memo”) to help ensure software...more
In this episode, Wilson Sonsini Partner Scott McKinney provides a general overview of intellectual property and why it matters. As a gamer himself, Scott delves into the various ways to protect a gaming company – from...more
In today’s digital age, the question isn’t whether there is open source software being used in a company’s products, but how it is being used and what license governs its use. Open source is ubiquitous. Despite its...more
Across industries, open-source software provides the foundation for a significant number of applications, with open-source components per commercial application growing more than six-fold in the last five years. ...more
Despite the fact that open source or so-called “free” software has been available for more than 30 years, and is likely used in the vast majority of software programs being developed today, many people remain confused as to...more
What is open-source software? To ask the question is almost to answer it. Open source software (OSS) simply describes software code that is distributed on an “open-source” basis – which means, in a way that allows others to...more
A controversial new open source license designed for use with decentralized applications was recently approved by the Open Source Initiative (OSI). The Cryptographic Autonomy License (CAL) claims to be the first open source...more
In a move that evidences an emerging pattern, Rothschild Patent Imaging LLC, a non-practicing entity (“NPE”), has filed a complaint asserting patent infringement against the open source software organization, the GNOME...more
The chances are high that your company uses open source software (“OSS”) in some capacity. While the benefits of OSS are clear, it is also clear that OSS can pose significant legal risks that must be addressed. The best way...more
Sound View Innovations is launching patent attacks against commonly used open source software including jQuery and Apache Hadoop. Sound View is targeting end users of these software components. This is a typical tactic of...more
Many companies are now aware that if they incorporate open-source software into their products, there are specific terms and conditions that go along with the grant of the use of the particular OSS that are spelled out in...more
On their own, blockchain technology, open source software, and patents each present legal issues that are often complex and frequently misunderstood. When combined, the complexity and misunderstandings of these three topics...more
CoKinetic Systems Corporation filed suit against Panasonic Avionics Corporation, seeking damages in excess of $100 million, in part, for violation of the GPL v2 open source license. CoKinetic alleged that Panasonic blocked...more
Despite the prevalence of open source software and its ubiquitous use in the software industry, there has been little litigation in the United States analyzing and interpreting the terms of open source licenses. On April 25,...more
On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more