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Legal Challenges to Open Source Licences

Legal Challenges to Open Source Licences

Guadamuz, Andres L., "Legal Challenges to Open Source Licences" . SCRIPT-ed, Vol. 2, No. 2, pp.163-170, 2005

Abstract:

    This paper will concentrate on presenting a legal analysis of two of the main challenges to open source software: SCO's litigation and software patents. The paper discusses the validity of such challenges, their possible impact to the future of open source software, and the possible legal defences used against them.
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Facts on IBM Software

IBM WebSphere Application Server works with a number of Web servers including Apache, Netscape Enterprise and Microsoft Internet Information Services (IIS) as well as IBM HTTP Server for AS/400, IBM HTTP Server for OS/390 and IBM HTTP Server for AIX, Windows NT, Solaris.

It has been repeatedly alleged that in 1997 the NSA had backdoored the export version of Notes, but this is a mis-characterization of what actually happened. Prior to that year, Lotus had been restricted from exporting software that used encryption keys that were longer than 40 bits by United States law. Under an agreement with the US government, Lotus was allowed to start exporting 64 bit keys, so long as 24 bits of each key were recoverable using a special key issued by Lotus to the NSA. The result was that the newer version of Lotus Notes provided stronger protection against industrial espionage than any previous version had been allowed to provide, and it provided no less protection against decryption by the NSA than the previous versions had given. (US export regulations were changed in 2001, so current versions of Lotus products are able to use longer keys and they no longer provide NSA with access to any key bits.)

Rational provides open, industry standard tools, best practices and services for developing business applications and building software products and systems, including embedded software for devices such as cell phones and medical systems.

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