基本説明
With a particular emphasis on how the privately-written law embodied in software licenses differs from the public intellectual property law that would otherwise apply.
Full Description
Nearly every use of a computer is subject not only to public intellectual property law, but also to the privately-written law of the software license. Although the United States has only one Copyright Act and one set of patent laws, there exist thousands of different licenses - to which millions of computer users legally bind themselves by the click of a mouse, usually without reading anything but the word "agree." How do these proliferating but largely unread
licenses affect access to software, one of the economy's most valuable resources? In The Software License Unveiled, visionary practitioner Doug Phillips aims to illuminate the unseen law of software to which the software license gives rise.
Contents
Introduction ; Part 1: Today's Software License ; Software and Intellectual Property Law ; Basic Functions of the Software License ; Evolution of Today's Software License ; Digital Rights Management, Software as a Service, and the Fluidity of Code ; Linux, Open Source, and the GPL ; Part 2: Philosophies of Software Access ; The Constitutional View ; Saint Ignucius ; Proprietary Licensing ; The Merits of Legislation by License ; The Legitimacy of Clickwrap Law ; The Utility of Clickwrap Law ; The "Commons," the GPL, and the Public Domain ; Where We Are Likely to Go from Here
