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Professor of Law and Legal History

The Renaissance of Invention: Free Software and the Next American Century
37 minutes, 17mb, recorded 2006-07-28
Image caption: Eben Moglen
Eben Moglen

One of the things that open source software needs the most is the full protection of the law. Eben Moglen, Professor of Law at Columbia University Law School and a leading advocate of open source rights, congratulates the open source community on their success in becoming an important part of current technology, but also discusses how important it is to protect the user's rights. He reviews the legal atmosphere of intellectual property rights and how more restrictive to sharing they have become in recent years and how the end user has become the biggest loser because of this change.

Moglen first asks whether licenses still matter. He reviews how things are different from twenty-five years ago where open source had few adherents and software was fiercely protected by companies. Now the most important information technology can be found in the user's pocket. The user doesn't just want a music player/video player/telephone; they want a device that can do anything. This is where the open source community can be particularly skillful.

He also discusses the shift in the legal understanding of intellectual property. In the late 20th century, there was a shift to the idea that only by NOT sharing could innovation happen, leading to more restrictive copyright, trademark, and patent laws. He makes it clear that future developments will only be really useful to the end user with information sharing, open source.

Moglen also answers a few questions, such as the controversy about GPLv3 and Linux, and whether software patents are more dangerous than other patents.


Our publication of this program was made possible by the support of the following:

Eben Moglen is Professor of Law and Legal History at Columbia University Law School and General Counsel of the Free Software Foundation. In addition to FSF, Professor Moglen has represented many of the world's leading free software developers. Professor Moglen earned his PhD in History and law degree at Yale University during what he sometimes calls his “long, dark period” in New Haven. After law school he clerked for Judge Edward Weinfeld of the United States District Court in New York City and to Justice Thurgood Marshall of the United States Supreme Court. He has taught at Columbia Law School – and has held visiting appointments at Harvard University, Tel Aviv University and the University of Virginia – since 1987. In 2003 he was given the Electronic Frontier Foundation's Pioneer Award for efforts on behalf of freedom in the electronic society.

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This free podcast is from our O'Reilly Media Open Source Conference series.

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