McCoy Smith

@mccoysmith
114 Followers
18 Following
253 Posts
Patent/IP & Open Source Attorney: www.lexpan.law
Cascadian: 🇺🇸 & semi-🇨🇦.
Posting almost exclusively on (P), (C), (R), (Ↄ) &⚽️. Frequently unseriously.
This week’s (2nd) home project.
[lower flag is Cascadia]
I'm running for a position on the Open Source Initiative's Board of Directors this year, as an Individual member.
If you are an individual member, I welcome your support. You are allowed to join as an individual member up until voting starts (Mar 7) and cast a ballot.
*Full disclosure: I also ran in 2020 and didn't win so this is my second go-round.
More here:
https://opensource.org/about/board-of-directors/elections/individual
How the election of Individual director works

Eligibility Eligible candidates are all OSI individual members whose full membership was current (started or renewed and paid) no later than one week before the opening of nominations.  Eligible voters…

Open Source Initiative
Celebrating 10 years together/7 years married in Llao Llao 🇦🇷 with
Everyone's talking about AI these days; now, including me.
I'll talk about (C), & open source, & AI, and how we've thought about licensing in open source for 40+ years might not work for AI.
And it's free!
[Presentation pre-recorded, with live Q&A after]
https://deepdiveai.sessionize.com/session/528528
Copyright -- Right Answer for Open Source Code, Wrong Answer for Open Source AI?

Open source has always found its legal foundation primarily in copyright. Although many codes of behavior around open source have been adopted and promulgated by various open source communities, in the end it is the license attached to any piece of open source that dictates how it may be used and what obligations a user must abide by in order to remain legally compliant. Artificial Intelligence is raising, and will continue to raise, profound questions about how copyright law applies -- or does not apply -- to the process of ingesting training content, processing that content to extract information used to generate output, what the that information is, and the nature of the output produced. Much debate, and quite a bit of litigation, has recently been generated around questions raised by the input phase of training Artificial Intelligence, and to what extent the creators of materials used in that input phase have any right -- morally or legally -- to object to that training. At the same time, whether or not the output of AI can be the subject matter of copyright, or patent, protection is also being tested in various jurisdictions -- with clashing results. What occurs between input and output remains an unresolved issue -- and whether there is any legal regime that can be used to guarantee that legal, normative rules can control how those processes are used exist in the way that copyright, and copyright licensing, do so in open source at present. The presentation will discuss these issues in depth with a lens toward testing whether copyright -- or any other intellectual property regime -- really can be useful in keeping AI "open."

Blog posting below is by a client who hired me to challenge an overbroad patent covering his community's open source (GPL) 3D printing device.
A client's perspective on the process (and how often people are offered the most expensive alternative, or not to even try).
There are some larger lessons here that I'm going to write on in a bit, after the patent office process is officially complete.

H/T to Alex Moss @ Public Interest Patent Law Institute for the referral.
https://torbjornludvigsen.com/blog/2023/#patent_1

Torbjorn Ludvigsen

Reprap blog

Those of you who toil in the fields of software license analysis and compliance (open source or not) might be interested in participating in this survey:
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I’m not sure putting this article behind a prohibitively expensive paywall is best way to get the word out about this legislation, which is problematic.

FWIW the patent in question was invalidated, without using IPR, by yours truly.

https://www.theinformation.com/articles/keep-patent-trolls-in-check

Keep Patent Trolls in Check

Many startups and tech nonprofits face legal harassment from patent holders that don’t make products but file lawsuits in the hopes of wringing settlements from businesses. These so-called patent trolls have been thorns in the side of small innovators for years. Now, the U.S. Patent and ...

The Information
Moonrise over Lake Te Anau & Fiordlands, NZ 🇳🇿
History shows
Again and again
How nature points out
The folly of men