Web 2.0 presents interesting intellectual property issues

1. Web 2.0
Intellectual Property Issues
Karl Larson
May 22, 2006

2. Presentation Overview
• Background
• Web 2.0 Overview
• Who Owns the Data
• Typical Licensing Terms
• Copyleft Issues
• Web 2.0 Recommendations and Tips

3. Background
Web 1.0
• A collection of independent websites with little or no
collaboration
• Software delivered as packaged software
– For instance, desktop applications such as the Web browser
itself
• Data content is controlled by the packaged software
• Enterprise technologies begin their life in the enterprise
and then make their way eventually to the consumer
space

4. Web 2.0 Overview
What is Web 2.0?
• A “concept” that describes the current trend in Web
development – not a particular technology
• A catch-all descriptor for what is essentially much
more dynamic Internet computing – no hard boundary
• The Transition of the Web from a collection of
websites to a full-fledged computing platform
– Merges new and existing technologies to create an entirely
different online experience
– Websites and applications that can more dynamically share
and exchange data and information on-line

5. Web 2.0 Overview
What is Web 2.0?
• A mishmash of tools and websites that foster
collaboration and participation.
• Web services that are driven by users and data rather
than specific features
• Like Soylent Green, “Web 2.0 is made of people!”
http://www.slate.com/id/2138951/?nav=navoa

6. Web 2.0 Overview
Characteristics of Web 2.0
• Treats the Web as a computing platform
– Open and made of collective pieces (e.g., multiple websites)
– Driven by its users and data than specific features
– Uses services rather than packaged software
• Open and distributed
– Information is broken up into “microcontent” that can be distributed
over many domains
– Allows data to be aggregated and remixed
•Pushes control of data to the end user
•Provides users control of how information is categorized and
manipulated
• Allows collaboration
– Harnesses collective intelligence from user participation
– Encourages constructive social interaction

7. Web 2.0 Overview
Web 2.0 Software Distribution Model
• Services are offered through the Web
• Uses thin clients (e.g., the Web browser) to offer
services
• Software is quickly and frequently updated (i.e.,
perpetual beta)
• One software version exists
• Uses open standards and an open application
programming interface (API)

8. Web 2.0 Overview
Web 1.0 vs. 2.0
DoubleClick  Google AdSense
Ofoto  Flickr
Akamai  BitTorrent
mp3.com  Napster
Britannica Online  Wikipedia
personal websites  blogging
evite  upcoming.org and EVDB
domain name speculation  search engine optimization
page views  cost per click
screen scraping  web services
publishing  participation
content management systems  wikis
directories (taxonomy)  tagging ("folksonomy")
stickiness  syndication
Source: Tim O’Reilly
http://www.oreillynet.com/pub/a/oreilly/tim/news/2005/09/30/what-is-web-20.html

9. Web 2.0
Examples
• Mashups
– Google Map APIs - Allows Google maps to be embedded into a
web page using a programmable API
– Flickr - Create communities with content (e.g., photos) provided
by their members
• RSS Feeds – Really Simple Syndication Feeds
– Allows a user to subscribe to a page with notification every time
that page changes (often referred to as the “live Web” or
“incremental Web”)
• Wikis
– Wikipedia - An online encyclopedia that allows its content to
added and edited by any user
• Blogs and Podcasts

10. Web 2.0
Mashups
• A website or web application that combines and integrates
data content from more than one source
• Content used in mashups is typically sourced from a third
party via a public interface or API
(http://www.wikipedia.com)

11. Web 2.0
Top Mashup APIs
http://www.programmableweb.com/

12. Web 2.0
Mashup Example – ByOwnerPlanet
• Uses Google Maps to show
houses for sale by owner by
geographic area
http://www.byownerplanet.com

13. Web 2.0
RSS (Really Simple Syndication)
• A family of web feed formats, specified in XML and used for
Web syndication
• RSS is used by news websites, weblogs and podcasting
• Web feeds provide data content together with links to the full
versions of the content, and other metadata
• RSS delivers data content as an XML file called an RSS feed,
webfeed, RSS stream, or RSS channel
• Provides the ability to track updates on a Web site using an
aggregator
(http://www.wikipedia.com)

14. Web 2.0 Overview
How RSS Works
2. Data content is requested
by the reader
RSS
Web Page Reader
1. The reader periodically checks to see
if the page or site has been updated

15. Web 2.0
RSS Example – MSNBC
http://www.msnbc.com
http://www.2rss.com

16. Web 2.0
Corporate Advantages of Using RSS over E-mail
• Relevant information may be organized into delivery channels
which may be processed by customers/users at any time
• RSS may be delivered to customer/users without spam
• RSS is more suited to receiving information rather than
communication
• Allows customers/users to select their preferred delivery
channels

17. Web 2.0
Wiki
• A type of website that allows potentially any user to add, remove, or
otherwise edit all content, very quickly and easily, sometimes without
the need for registration
• An effective tool for collaborative writing
(http://www.wikipedia.com)

18. Web 2.0
Wiki Example – Wikipedia
• A Collaborative Dictionary
that is open to editing in real
time by any user
• Contributors become authors,
editors and publishers
http://www.wikipedia.com

19. Web 2.0
Blogs
• A web-based publication consisting primarily of periodic articles,
most often in reverse chronological order
• Typically focuses on a particular subject, such as food, politics or
local news, or may serve as an online diary
• Typically combines text, images, and links to other blogs, web pages,
and other media related to its topic (http://www.wikipedia.com)

20. Web 2.0
Blog Examples
http://www.blogmaverick.com http://3lepiphany.typepad.com/3l_epiphany/2006/03/a_taxonomy_of_l.html

21. Web 2.0
Data Content is Shared
• There is a growing expectation on the Web that data
content is shared
• Data content isn’t community property
– However, the concept of limited sharing is becoming extinct in
the digital age
• This paradigm shift began happening long before Web
2.0
– Web 2.0 is in response to this paradigm shift not the cause

22. Web 2.0
Who Owns the Data?
• What does all this mean to the nature of the Web and
how we use and share information?
• How does it change the notion of “content”?
• Or copyright?
• Copyright and data protection, in the digital environment
pose potential legal risks

23. Web 2.0
What is a Copyright
• The right of the owner of a copyrighted work to permit or
deny others from reproducing, distributing or performing the
copyrighted work or creating derivative works thereof
• Copyrightable subject matter includes:
– literary works (e.g., articles, stories, journals, or computer programs)
– music and song lyrics
– plays and screenplays
– pictures, graphics and sculptures
– blueprints of architecture
– audiovisual recordings such as movies
– sound recordings
– architectural works
17 U.S.C. § 106 et seq.

24. Web 2.0
Fair Use
• Section 107 of the Copyright Act provides that the “fair use” of a
copyrighted work for the purpose of criticism, comment, news
reporting, teaching, scholarship or research is not an infringement
• Section 107 of the Copyright Act lists four factors to be
considered:
– The purpose and character of the use
– The nature of the copyrighted work
– Amount and substantiality of the portion used in relation to the
copyrighted work as a whole
– The effect of the use upon the potential market for or value of the
copyrighted work
• However, there is no specific number of words, lines, or notes that
may safely be taken within this “fair use” exception

25. Web 2.0
Rights to Data Content
• Common solution is to use a license:
– Terms of use licenses
– GNU licenses
– Creative Commons licenses
• Owners still own, creators still create, and both are
acknowledged for their roles
– Both retain some control over their creations
– Both can make money from them (depending upon the license)
– License defines access and use of data content and APIs

26. Web 2.0
Common Web 2.0 Licenses
http://creativecommons.org/ http://www.gnu.org/licenses/licenses.html

27. Web 2.0
Example – Typical RSS Licensing Terms
• Personal, non-commercial use only
• Non-competition provision
• Provision against tarnishing, infringing, or diluting
trademarks
• Restrictions on advertisements
• Restrictions on frequency of use (i.e., bandwidth)
• Provision that commercial or other uses require written
permission (and if mutually agreeable – a license)

28. Web 2.0 Licensing Terms
Google Web APIs Terms of Use License
The Google Web APIs service is
made available to you for your
personal, non-commercial use
only (at home or at work). * * * And
you may not use the search
results provided by the Google Web
APIs service with an existing
product or service that competes
with products or services offered
by Google.
If you are interested in doing
anything different than the
foregoing, you must first obtain
Google's written consent. If you
fail to do so, Google reserves the
right to take legal action. . . .
http://www.google.com/apis/api_terms.html

29. Web 2.0 Licensing Terms
Google Web APIs Terms of Use License (continued)
So long as you comply with your
obligations under this Agreement,
you may indicate that a product or
service that you created either used
or is based on Google Web APIs
provided that those products or
services do not in Google's
reasonable opinion (1) tarnish,
infringe, or dilute Google's
trademarks, (2) violate any
applicable law, and (3) infringe any
third-party rights. If you wish to use
the GOOGLE trademark and/or logo
in any other manner, you must first
obtain Google's written consent.
http://www.google.com/apis/api_terms.html

30. Web 2.0 Licensing Terms
The New York Times RSS License Agreement
[Y]ou may not, directly or indirectly: (a) sell, modify,
translate, copy, publish, transmit, distribute or
otherwise disseminate the Content or any portion
thereof; or delete or fail to display any promotional
taglines included in the Content (b) rent, lease, or
otherwise transfer rights to the Content; (c) display
the name, logo, trademark or other identifier of
another person (except for NYT or you) on your
Site in such a manner as to give the viewer the
impression that such other person is a publisher
or distributor of the Content on the Site; (d) remove,
conceal or obliterate any copyright or other proprietary
notice or any credit-line or date-line on other mark or
source identifier included on Content or in the
Services, including without limitation, the size, color,
location or style of NYT's marks; . . ..
http://www.nytimes.com/gst/nytheadlines.html

31. Web 2.0 Licensing Terms
CNN RSS License Agreement
RSS is a free service offered by CNN
for non-commercial use. Any other
uses, including without limitation the
incorporation of advertising into or
the placement of advertising
associated with or targeted towards
the RSS Content, are strictly
prohibited. You must use the RSS
feeds as provided by CNN, and you
may not edit or modify the text,
content or links supplied by CNN. For
web posting, reprint, transcript or
licensing requests for CNN material,
please send your request to
licensing.agent@turner.com.
http://www.cnn.com/services/rss/

32. Web 2.0 Licensing Terms
CNN RSS License Agreement (continued)
CNN retains all ownership and other
rights in the RSS Content, and any
and all CNN logos and trademarks
used in connection with the RSS
Service. You must provide
attribution to the appropriate CNN
website in connection with your
use of the RSS feeds. If you provide
this attribution using a graphic, you
must use the appropriate CNN
website's logo that we have
incorporated into the RSS feed.
http://www.cnn.com/services/rss/

33. Web 2.0
Recommendations for Commercial Use of Data Content
• Non-competition provision
• Recognition of source
• Provision against tarnishing, infringing, or diluting
trademarks
• Restrictions on advertisements
• Restrictions on frequency of use (i.e., bandwidth)
• Usage fees
• Indemnification provision
• Right to terminate license at any time

34. Copyleft
What is Copyleft?
• A concept of providing free or open source software
that others can legally copy, modify under a free
software license.
– Typically all modified and extended versions of the software
must also be free or open source software as well
• GNU licenses provide varying degrees of copyleft
protection
– The GNU General Public License (GPL)
– The GNU Lesser General Public License (LGPL)
– The GNU Free Documentation License (FDL)

35. Copyleft
Typical Copyleft Licensing Terms
• Maintain all original copyright notices on source code
• Conspicuously and appropriately publish on each copy an
appropriate copyright notice and cause any executable thereof to
display such copyright notice
• Any patents relating to the software must be licensed for everyone’s
free use
• Modified files must carry prominent notices indicated that they were
changed, the date of the change and what portions were changed
• Provide copies/downloads of the source code including any
modifications to the public at no charge

36. Web 2.0 Licensing Terms
GNU General Public License
You may modify your copy or copies
of the Program or any portion of it,
thus forming a work based on the
Program, and copy and distribute
such modifications or work under the
terms of Section 1 above, provided
that you also meet all of these
conditions: * * * You must cause
any work that you distribute or
publish, that in whole or in part
contains or is derived from the
Program or any part thereof, to be
licensed as a whole at no charge
to all third parties under the terms
of this License.
http://www.google.com/apis/api_terms.html
http://www.gnu.org/licenses/gpl.html

37. Web 2.0 Tips
Issues for Companies
• Sufficient rights
– Data content and/or APIs access rights
– Use of data content
– Use of trademarks
• Indemnification
– Copyright infringement
– Patent infringement
– Privacy violations
• Identity
• Patents
• Distributed applications

38. Web 2.0 Tips
Tips for Companies
• Investigate how Web 2.0 technologies can impact their marketing
and internal communications or collaborations. For instance:
– RSS feeds may be used to distribute information to clients to allow
customers to “pull” up-to-date information on products and services
– Blogs may be used to generate interest about products and/or to foster
communication and collaboration with customers and partners
• Investigate licensing options that are available for use of different
Web 2.0 technologies
• Utilize licenses for any export of company data content using
Web 2.0 technologies
• Carefully review copyleft licenses before integrating open source
code and/or data content

39. Useful Resources
• www.programmableweb.com
– Information on mashups and new Web 2.0 APIs
• www.google.com/apis/maps
– Google website
• www.gnu.org
– The GNU Project web server.
• www.macworld.com/2005/04/secrets/junecreate/index.php
– Start you own Podcast
• www. usatoday.com/tech/columnist/andrewkantor/2006-01-10-web-20_x.htm
– “What ‘Web 2.0’ means to us”
• www.slate.com/id/2138951/?nav=navoa
– “Web 2.0”
• www.gigalaw.com
– GigaLaw.com® website

40. Gardere Wynne Sewell LLP
Karl Larson
3000 Thanksgiving Tower
1601 Elm Street
Dallas, TX 75201-4761
Phone: 214.999.4582 Fax: 214.999.3582
klarson@gardere.com