期刊名称：International Free and Open Source Software Law Review
印刷版ISSN：1877-6922
出版年度：2011
卷号：3
期号：1
页码：25-58
DOI：10.5033/ifosslr.v3i1.57
语种：English
出版社：International Free and Open Source Software Law Review
摘要：For many years software patenting has been an area of considerable contention, particularly in relation to whether it can, or should, be able to co-exist with Free and Open Source licenses. This issue has gained substantial additional impetus with the publication by the European Commission of the European Interoperability Framework, version 2, which, amongst other objectives, seeks to promote a level playing field for Free and Open Source Software in European public services. However, interoperability will often require the software to interact with a Standard which contains unavoidable patents. The issues raised by this were of concern to a client of Andrew Katz 1 , The client sought the Opinion of Counsel on the matter and Andrew Katz prepared a brief setting out the client's concerns and, by way of illustration, providing the text of a cross-section of commonly-used Free and Open source Software Licences. The Opinion was issued jointly by Iain G. Mitchell QC and Stephen Mason, Barrister. The Client has now generously given permission for the Opinion to be published provided that the client's identity is not disclosed. What follows is a suitably edited version of that Opinion, which has been anonymised to respect the wishes of the client and which has been slightly shortened to allow for publication in the Review 1 Andrew Katz, Solicitor, of Moorcrofts, Solicitors, James House, Mere Park, Dedmere Road, Marlow, Bucks SL7 1FJ http://www.moorcrofts.com
关键词：Law;information technology;Free and Open Source Software;Open Standards;European Interoperability Framework v.2
