The Software License Unveiled

The Software License Unveiled : How Legislation by License Controls Software Access

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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 more

Product details

  • Hardback | 232 pages
  • 162.56 x 236.22 x 20.32mm | 385.55g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 0195341872
  • 9780195341874

Review quote

"This is a thorough tour of the software license. Phillips challenges conventional models and ideologies, and offers real-world examples and insights for anyone who has a stake in software distribution." --Eric Schmidt, Chairman of the Board and CEO, Google Inc."Douglas Phillips has provided us with a wide-ranging and thoughtful analysis of current problems with software licensing, and his proposed solution is clear and sensible." --Jameson W. Doig, Professor of Politics and Public Affairs Emeritus, Princeton University"In Doug Phillips' skillful hands, the subject of software licensing comes alive. He has a lot of smart things to say about this novel but important legal issue -- and he says them well." --Alan S. Blinder, Gordon S. Rentschler Memorial Professor of Economics and Public Affairs, Princeton University"If you're at all interested in privately made "laws," technology and its legal framework or the history of the software industry, you'll enjoy taking a gander at The Software License Unveiled." "The Software License Unveiled is a well-written and illuminating book. Caselaw citations are listed in a Table of Cases, and the well-constructed index contains many cross-references. I recommend this book for all types of law libraries..." --Bryan M. Carso, Coordinator of Reference & Instructional Services, Western Kentucky University Law Libraries, Bowling Green, KY, Legal Information Alert"This book will persuade you to question the assumption that complex legislative software licenses are desirable or inevitable. Phillips writes about this technical subject with humor and ease, as someone who has been in the trenches representing software licensors and licensees for decades." -California Lawyer"An enlightened point of view."-les Nouvellesshow more

About Douglas E. Phillips

Douglas Phillips is Vice President and General Counsel of Promontory Interfinancial Network, an Arlington, Virginia company that provides technology-based solutions for financial institutions. Previously he was Of Counsel to Covington & Burling and senior member of the Technology Transactions Group, where his practice focused on software and intellectual property aspects of acquisitions and funding transactions. He was also president of the Business Software Alliance, an organization formed by Microsoft and other world-leading software companies to protect intellectual property rights and increase market access more

Table of 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 Hereshow more

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