The General Direction of FLOW
The General Direction of FLOW
Learning Outcomes: Participants will be able to situate the conceptual and operational scope of discussion about Free/Libre/Open Works in relation to other fields of concern, using terminology that makes sense across multiple professions and disciplines. The broad schema provided here will help participants to communicate more effectively with others, including their legal counsel, their entry-level staff, their senior executives, and their management peers in partner organizations.
Scope
- About FLOW and RENT Relationships
- Definitions — Factors of Productions
- 3D Mnemonic Device — Factors of Production
— Enabling factors for managing intellectual resources in engineering design http://www.designsociety.org/download-publication/26772/enabling_factors_for_managing_intellectual_resources_in_engineering_design
FLOW: Free/Libre/Open Works ≡ (Good Values) + (Good Value)
- Good Values
- Software Engineering Code of Ethics and Professional Practice http://www.acm.org/about/se-code
- Economic Rationality and Ethical Behavior https://repositori.upf.edu/bitstream/handle/10230/682/584.pdf?sequence=1
- An Introduction to Software Engineering Ethics http://www.scu.edu/ethics/practicing/focusareas/technology/software-engineering-ethics.html
- What is Free Software http://www.fsf.org/about/what-is-free-software
- Debian Social Contract http://www.debian.org/social_contract
- Good Value
- The Value Proposition for Participating in Free Libre Open Works
- Analyzing the Open Source Communities’ lifecycle with communication data http://www.cocomo.lu/static/media/uploads/Publications/Paper-AnalyzingTheOpenSourceCommunitiesLifecycleWithCommunicationData.pdf
- A Quantitative Study of the Adoption of Design Patterns by Open Source Software Developers http://michael.hahsler.net/research/patterns_oss2004/OSS_patterns_preprint.pdf
- A Review of Models for Evaluating Quality in Open Source Software http://www.sciencedirect.com/science/article/pii/S2212667813000178
- Exploiting Open-source Projects to Study Software Design http://www.mii.lt/informatics_in_education/pdf/INFE096.pdf
- FLOW Rationale
- Open Season http://www.iam-magazine.com/issues/Article.ashx?g=744683bc-5660-4a1b-bda5-bf5e1316586b
- Open Source Security Strategy http://c2.com/cgi/wiki?OpenSourceSecurityStrategy
- Does the Free|Gratis|NoFee Aspect of Free|Libre|Open Constitute "Predatory Pricing"?
- Clarifying Guidance Regarding Open Source Software http://dodcio.defense.gov/Portals/0/Documents/FOSS/2009OSS.pdf
- What can be learned from physical free/libre/open markets?
— The global market for bags of plain air http://www.freedoniagroup.com/DocumentDetails.aspx?ReferrerId=FG-01&studyid=2839 (Some configurations are limited by patents, eg: http://innovativeip.wordpress.com/2010/07/28/bubble-wrap-a-great-inventor-success-story/
— The global market for bottles of plain water https://en.wikipedia.org/wiki/Bottled_water#Global_sales
— The global market for free/libre/open hardware http://singularityhub.com/2010/05/10/13-open-source-hardware-companies-making-1-million-or-more-video/
How to Make it Easier for Corporate Legal Counsel to Help You
About the Role of Non-Lawyers
- The Responsible Developer
- Lawyers, Engineers and Technology: A Case Study http://www.slaw.ca/2011/08/25/lawyers-engineers-and-technology-a-case-study/
- How to Research a Legal Problem: A Guide for Non-Lawyers http://www.aallnet.org/sis/lisp/HowToResearchLegalProblem_FINAL.pdf
- Legal Sources for Non-Law School Courses http://www.bc.edu/content/dam/files/schools/law_sites/library/pdf/researchguides/nonlawschool.pdf
About the Role of Lawyers
- The Evolving Role of General Counsel (Canadian Bar Association) http://www.ccca-accje.org/Fr/resources/PDF/The%20Evolving%20Role%20of%20General%20Counsel_R.Patzelt_posted%20Sept.09.11.pdf also http://www.cba.org/cba/Halifax2011/pd/ccca-401.aspx
- An Expanding Role: Changes for corporate counsel – comparing Canadian and global trends (Deloitte) http://www.deloitte.com/assets/Dcom-Canada/Local%20Assets/Documents/FA/ca_en_fa_corporate_counsel_050211.pdf
- The Role of In-House Counsel: Global Distinctions (Association of Corporate Counsel, US) http://www.acc.com/legalresources/quickcounsel/troicgd.cfm
- Privilege Primer: Best Practices for Internal Counsel http://mcmillan.ca/privilege-primer-best-practices-for-internal-counsel
- Law and Society in Transition: Introduction
- Practical Advice to Scale Open Source Legal Support http://www.linuxfoundation.org/publications/compliance/practical-advice-to-scale-open-source-legal-support
- Role of a Lawyer (US, Japan, EU) http://www.westglobalissues.com/forms/ethics_sample.pdf
About the Types of Law
- Categories of Law http://hrsbstaff.ednet.ns.ca/jmontgom/Law%2012/Unit%201/2%20-%20Categorizing%20Law.ppt
- Basics of Legal Research http://www.lawschool.cornell.edu/library/whatwedo/researchguides/basics.cfm
- Case Law versus Statute Law: An Evolutionary Comparison http://crei.cat/people/ponzetto/case_vs_statute(1).pdf
- Common Law vs Statutory Law http://www.diffen.com/difference/Common_Law_vs_Statutory_Law
- Statute Law or Case Law? http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1168662
Decision-Making Under Uncertainty at the Intersection between "Source Code" and "Civil Code"
- The Methodological Significance of Uncertainty
- Learning in and about complex systems http://www.exponentialimprovement.com/cms/uploads/LearningInAndAboutComplexSystems.pdf
- Emergent Learning Maps
- The Fallacy of Misplaced Concreteness http://books.google.ca/books?id=P5xrwZ8QyVwC&lpg=PA9&ots=ynrasLHIVr&dq=%22misplaced%20concreteness%22%20law&pg=PA9#v=onepage&q=%22misplaced%20concreteness%22%20law&f=false
— Ceci n'est pas une pipe http://foucault.info/documents/img/notapipe/surrealistplumber.jpg
— The Fallacy of Misplaced Specificity http://books.google.ca/books?id=CT8f9KAcpMgC&lpg=PA242&ots=Ep1Kw4-GNH&dq=%22misplaced%20specificity%22%20law&pg=PA242#v=onepage&q=%22misplaced%20specificity%22%20law&f=false - Communication Models http://communicationtheory.org/category/communication-models/ and http://communicationtheory.org/category/communication-models/page/2/ (See: http://communicationtheory.org/osgood-schramm-model-of-communication/ )
- Success & Failure in IT Projects
— What Is Failure? http://martinfowler.com/bliki/WhatIsFailure.html
— The Rise and Fall of the Chaos Report Figures http://www.cs.vu.nl/~x/chaos/chaos.pdf
- Concepts vs. Legislation vs. Jurisdiction vs. Litigation in a Composite International Legal Environment
- The International Free and Open Source Software Law Review http://www.ifosslr.org/ifosslr
- The International Free and Open Source Software Law Book http://ifosslawbook.org/about/
- The Creative Commons Jurisdiction Database http://wiki.creativecommons.org/Jurisdiction_Database
- Comparison of IP Laws in California and Canada http://142.103.216.236/ccsip/Wiki%20Pages/Comparison%20of%20IP%20Laws%20in%20California%20and%20Canada.aspx
Audio Files
☏ Audio File (pending): Listen to a Discussion with the Co-Editors of Groklaw on the Surreal World of Copyright & Patent Litigation
- Mark Webbink Co-Editor of Groklaw since 2011, and Board Member of the Software Freedom Law Center, works as Executive Director of the Center for Patent Innovations at New York Law School, where he also oversees the Peer To Patent project run with the U.S. Patent and Trademark Office. As a senior lecturing fellow at Duke University School of Law he teaches patent, copyright, trademark and trade secret licensing. He was the first General Counsel at Red Hat from from 2000 to 2004, as well as Senior Vice President, and from 2004 to August 2007 Deputy General Counsel, retiring from Red Hat in 2007. He received his J.D., magna cum laude, from North Carolina Central University School of Law in 1994. http://www.nyls.edu/faculty/faculty_profiles/mark_webbink/
☏ Audio File (pending): Listen to a Discussion with an Invited Authority on the Composite International Legal Environment Governing Copyrights, Patents and Contracts (Part 1)
- "Eben Moglen":http://www.softwarefreedom.org/about/team/ is Executive Director of the Software Freedom Law Center and Professor of Law and Legal History at Columbia University Law School. He has represented many of the world's leading free software developers, and co-authored the GNU series of licenses. Professor Moglen earned his PhD in History and law degree at Yale University during what he sometimes calls his “long, dark period” in New Haven. After law school he clerked for Judge Edward Weinfeld of the United States District Court in New York City and for Justice Thurgood Marshall of the United States Supreme Court. He is admitted to practice in the State of New York and before the United States Supreme Court. Recently he started the FreedomBox Foundation.
☏ Audio File (pending): Listen to a Discussion with an Invited Authority on Intellectual Rights Compliance Management and Risk Identification
- Janet Campbell, Director, Intellectual Property, Secretary and Legal Counsel, Eclipse Foundation. Janet is responsible for the review of intellectual property proposed for inclusion in Eclipse open source projects. This review includes examining both the provenance of the intellectual property and license compatibility. She is author of the Eclipse Legal Process and maintains the document on an ongoing basis. She is also co-author of the Eclipse Guide to Legal Documents, which has benefitted from the work of several contributors over the years. In this session, Janet will discuss how the Eclipse Foundation manages contributions of source code to Eclipse projects and undertakes due diligence to reduce and mitigate risks due to parties involved in re-use or re-distribution. http://www.microdoc.com/eclipse-embedded-day-2009-video-managing-open-source-legal-issues-janet-campbell