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Apr 28th, 2015
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  1. Intellectual property
  2. 4 types of protection
  3. 1. patent -compositions of matter, devices
  4. 2. copyright - original expression (including software)
  5. 3. trademark - source id/consumer goodwill
  6. 4. trade secret - valuable, secret business
  7.  
  8. What is copyrightable?
  9. -original works, including software
  10. -default rule is authorship = ownership (unless it's a work made for hire for your employer)
  11. -author has exclusive right to reproduce, distribute, perform, display and modify the work during the author's lifetime + 70 years
  12. -if you write a program from scratch with all original lines of code, you own it
  13.  
  14. Licenses and 'open source'
  15. -license permits someone else to take certain actions with your code and restricts other actions
  16. -microsoft lets you use office, but gives no access to source code, so you can't reverse engineer, etc
  17. -code licensed under an open source license lets you redistribute and use in source and binary forms with or without modification as long as you credit original authors
  18. -hereditary open source lets you run, use, copy, distribute and modify, but prohibits distribution without providing the recipient a copy of the full source code
  19. -if you use someone else's code, you must do so in compliance with with terms of the license
  20. -shouldn't reverse engineer and bake Office into your project code
  21. -if you have grand commercialization plans, consider carefully use of hereditary code
  22.  
  23. For our projects, the code will likely be so intermingled that authorship of any single part will be impossible to determine
  24.  
  25. Who owns it?
  26. 1. do nothing
  27. -default is that everything is so intermingled that each individual has the right to stop any other team member from using any part of it
  28. -you may agree to an allocation or end up fighting each other over it
  29. -the product may end up going nowhere if everyone can't agree
  30. 2. agree that each team member has the right to do whatever they want without any else's input or oversight
  31. -team could agree that each member has teh right to freely use the entire product
  32. -compete on the merits of your commercial plan, but you may step on each other's toes
  33. 3. assign ownership to one team member
  34. -you could all agree to assign your rights to one team member
  35. -the assignee would have the sole right to control the project
  36. 4. assign ownership to a third party
  37. -each team member assigns rights to an entity
  38. -this is how founders in a startup typically do it
  39. -but question remains, who owns the entity and in what shares? Who funds it? Who manages the entity?
  40.  
  41. Other things to consider:
  42. 1. If you assign your rights, what should you receive in return? Anything?
  43. 2. If you assign your rights, make it clear that you will be presenting the project to outsiders
  44. 3. The projects will utilize open source, which may reduce the value
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