Strategies for licensors and licensees Prof JEONG for licensors and... · What’s the goal of FOSS...

J . K . J E O N G

P R O F . P H . D . I N L A WL A W S C H O O L

K A N G W O N N A T I O N A L U N I V E R S I T Y

C O M M I S S I O N E RK O R E A C O P Y R I G H T C O M M I S S I O N

2018 APEC Workshop – Promoting Best Practices in Licensingfor SME’s Creative Industries

Strategies for licensors and licensees

Contents

2018-06-12(c) J. K. JEONG All Rights Reserved.

2

Several Support Systems in KOREA for Copyright work’s License

Potential Market on Artificial Intelligence and Platform Industry

Open Source License Strategy


3

Several Support Systems in KOREA for Copyright work’s License

Several Support Systems in KOREA for License


4

Copyright Authentication Copyright Authentication is a certification system that certifies

that a certification body is the right holder of a copyrighted work and issues a certificate to contribute to the legal safety for overseas transactions and the creation of a legal distribution environment

Authentication mark



5

Support for the distribution of works Digital Copyright Trade Center



6

Support for the distribution of works Searching Copyright Owner



7

Support for FAIR USE Enlarge the Public Domain : CCL & KOGL What is KOGL? It is “Korea Open Government License”

Copyright works expired, donated works, works created by Government, for anyone to freely use.

www.kogl.or.kr



8

Support for Open Source Licenses


9

Potential Market on Artificial Intelligence and Platform Industry

What is the 4th industrial revolution?

2018-06-12

10

(c) J. K. JEONG All Rights Reserved.

Artificial Intelligence

Who is the creator?

The impact would be great!

AI

Hyper Connectivity

Who is the owner of information?

The impact would be Big!

Big Data

User Generated Contents and 3D Printing

Who is consumer?

The impact would be Big!

Prosumer

Ref. : Baduk(GO) by AI using Big Data

2018-06-12

11


The Copyrightability of the record of a game of Baduk(KIBO)

Can AlphaGo be Copyright owner?

Should Google pay for big data(KIBOs)?

AI

Big Data

Music by AI using Big Data

2018-06-12

12


The Copyrightability of music by A.I.

Who is the Copyright owner? A.I.? Or man?

Should A.I. or man pay for big data(musics)?

AI

Big Data

Discussion in KOREA

2018-06-12

13


In 2016, we discussed about 30 themes which AI and Big Data are main issues among.

The discussion is in progress.

On my opinion, AI issue is not only IP issue but also pan-legal issue, so we should have enough time to discuss it.

But Big Data issue should be resolved as soon as possible. Therevision of Copyright Act in Japan and U.K. would be referencesfor the revision in KOREA and U.S. cases would be influences ondiscussion. Anyway, gathering and use of Big Data would beapproved as the fair use and it would be helpful for the relatedindustry.

Ref. : Baduk(GO) by AI using Big Data

2018-06-12

14


Whether AlphaGo(or Google) has copyright on KIBO by AlphaGo is ambiguous or deniable in KOREA.

After doing revision, the gathering and fair use of Big Data(KIBOs) would be legal.

AIs will make so many KIBOs.

AI

Big Data

Music by AI using Big Data

2018-06-12

15


Whether AIs or the owner of AI have copyright on music by AI is ambiguous or deniable in KOREA.

After doing revision, the gathering and fair use of Big Data(musics) would be legal.

AIs will make so many musics. The number of music would be increased greatly.

AI

Big Data

Music by AI using Big Data on open source platform

2018-06-12

16


Magenta Project(magenta.tensorflow.org)

Joint development model using Open Source Platform

Distribution on Apache 2.0 License

This development model would make musics to be public assets.

So many musics by AI would make musics to be public assets.

Music by AI using Big Data on service platform

2018-06-12

17


Digital Data exists on service platforms in internet.

Service Platforms are increasing in size and dividing markets into blocks.

How can we control those service platforms outside KOREA?

What should we do?

2018-06-12

18


Caesar’s is to Caesar, Human’s is to Human.

The right for music is for human.

The works by AI is for public.

We should make New business model for human.

Distinction from AI’s and performances…

We should control service platforms for human.

New legal measures for Anti-competition and Anti-monopoly.

Fair and reasonable distribution of profit by service platforms

International agreement and cooperation.


19

Open Source License Strategy

What’s the goal of FOSS Society?

2018-06-12

20


What’s the goal of FOSS Society?

2018-06-12

21


Richard Stallman in 2003 at the opening ceremony of NIXAL (a GLUG) at Netaji Subhash Engineering College, Calcutta, India(Source: Wikipedia)

Stallman announced the plan for the GNU operating system in September 1983 on several ARPANET mailing lists and USENET.Stallman started the project on his own and describes: "As an operating system developer, I had the right skills for this job. So even though I could not take success for granted, I realized that I was elected to do the job. I chose to make the system compatible with Unix so that it would be portable, and so that Unix users could easily switch to it.“ (Source: Wikipedia)

What can make system compatible?- Just Code?- No, with license!

What’s the threat to system compatible?

2018-06-12

22


• Forking?• Patent litigation?• Obligation to support FOSS developer’s family?• Legal statutes of nations?• Responsibility for SW defects?• Anti-trust law?

I feel confident that litigation is the main threat to FOSS society-Patent litigation : Mr. Stallman also expect, I am sure!-Copyright litigation : I guess he didn’t expect in detail.

Several Lawsuit related to Open Source SW

2018-06-12

23


• The Ninth Circuit Court of Appeals reversed the trial judge holding an open source copyright claim was enforceable and damages awarded. • The case then settled on February 16, 2010.• The case established the rule of law that terms and conditions of an Artistic License are “enforceable copyright conditions”

(Source: Wikipedia)

Jacobsenv.

Katzer

ChristophHellwig

v.VMware

(Source: https://sfconservancy.org/copyleft-compliance/vmware-lawsuit-faq.html)


2018-06-12

24


• is NOT FOSS case, but SW case • Dual License

- commercial use at charge OR no charge personal use • The Court addressed that failure in duty of license is just breach of contract, not infringement of the Copyright.

Open Capture case in KOREA

Several casesin

AMERICA

•Condition or Covenant, and Why Should You Care?- The court concluded that the key question was whether the parts of the agreement the defendants allegedly breached were mere covenants (things the defendants agreed not to do when they accepted the license), or also conditions of the license (things that must be satisfied in order for the defendants to be licensed at all). Because the license at issue went out of its way to state that licensees' obligations were "conditions," the court concluded that if the defendants were in breach, the plaintiff could sue for copyright infringement.)

(Source: https://www.eff.org/deeplinks/2008/08/condition-or-covenant-and-why-should-you-care)


2018-06-12

25


Oraclev.

Google

• idea contained in developer's computer code did not merge with its expression;• developer's declaring source code contained protectable expression that was entitled to copyright protection;• a set of commands to instruct a computer to carry out desired operations may contain expression that is eligible for copyright protection;• developer's packages of application programming interfaces were not precluded from copyright protection just because they also performed functions; • operator's copying of developer's software was not de minimus;• BUT it is fair use in this case• Compatibility among licenses of Oracle is also debatable

Question: License code is Legal code?- It makes FOSS SW to enjoy freedom? -

2018-06-12

26


• is building blocks such as components, APIs including FOSS• is focusing into SSO, interfaces and behavior• is bringing forth fair use controversy• is to use so many sub programs,,,,,, so many and enormously…

Programming SW

GPLv.2 Code

MPL Code

Apache Code

EPL Code

MIT Code

GPLv.3 Code

QPL Code

Does this SW threaten FOSS community OR freedom of SW use when the developer opens source code with MPL?

Question: License code is Legal code?- It makes FOSS SW to enjoy freedom? -

2018-06-12

27


배포하고 싶은 프로젝트:

GPLv2 only GPLv2 혹은이후버전

GPLv3 혹은이후버전

LGPLv2.1 only LGPLv2.1 혹은이후버전

LGPLv3 혹은이후버전

Copy Code 형태로사용:

GPLv2 only 가능 가능 불가GPLv2로변환할

경우가능GPLv2로변환할

경우가능불가


가능 가능 가능GPL로 변환할경

우가능GPL로 변환할경

우가능GPLv3로변환할

경우가능

GPLv3 불가GPLv3로변환할

경우가능가능

GPLv3로변환할경우가능



LGPLv2.1 only GPLv2로변환할경우가능

GPL로 변환할경우가능


가능 가능GPLv3로변환할

경우가능

LGPLv2.1 혹은이후버전


GPL로 변환할경우가능


가능 가능 가능

LGPLv3 불가GPLv3로변환하거나업그레이드

할경우가능



LGPLv3로 업그레이드할경우가

능가능

Use a Library형태로사용:

GPLv2 only 가능 가능 불가GPLv2로변환할


경우가능불가


가능 가능 가능GPL로 변환할경

우가능GPL로 변환할경

우가능GPLv3로변환할

경우가능

GPLv3 불가GPLv3로업그레이드할경우가능

가능GPLv3로변환할



경우가능

LGPLv2.1 only 가능 가능 가능 가능 가능 가능

LGPLv2.1 혹은이후버전

가능 가능 가능 가능 가능 가능

LGPLv3 불가 가능 가능 가능 가능 가능

Diagnosis: What’s the problem against freedom?

2018-06-12

28


• Difficult to understand meaning of licenses• Difficult to understand conflictions among licenses

-Every differentiation cause breach of contract? OR infringement of copyright?-Should we calculate compliances of so may licenses?

• Difficult to estimate legal crisis-Because legal systems and statutes in nations are different-Because copyright law is difficult in itself-Because sentences in FOSS licenses are very incomprehensible-Because so many FOSS licenses exist in the world-Because so many FOSS licenses exist in one computer program-Because even GPL-family licenses are not compatible

In conclusion, the most important issue for freedom isn’t only in open source but also in compatibility among licenses

Proposal : All communities should declare the limits to infringement of copyright

2018-06-12

29


• Hierarchy of clauses of FOSS licenses-1 class(very important/kernel for freedom) : copyleft clauses-2 class(important/not the core for freedom) : ex. No warranty-3 class(covenants) : Regional limitation…etc.

• We should treat the breach of license -In 1 class : infringement of copyright-In 2 class : breach of contract in special damages occur-In 3 class : don’t care

• We can make define classification in the view of 1 class- Severe copyleft licenses : ex. GPLs- Middle licenses between the copyright and copyleft : ex. MPLs- Intimate licenses to proprietary : ex. BSDs* Unfortunately even in this classification, combination SWs belonging to other groups is not possible.

2018-06-12

30


Date post:	19-Mar-2020
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times

Strategies for licensors and licensees Prof JEONG for licensors and... · What’s the goal of FOSS...

Documents