Maureen O'Sullivan | University of Galway (original) (raw)
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Papers by Maureen O'Sullivan
Free, open source, libre1 software, FOSS2, FLOSS3 or LOSS4 - however one chooses to describe non-... more Free, open source, libre1 software, FOSS2, FLOSS3 or LOSS4 - however one chooses to describe non-proprietary software - is all protected by copyright but subject to a vast array of different licensing conditions. The Free Software Foundation approves some licences, the Open Source Initiative approves many more, whilst many licences are created for particular projects both inside and outside of the software realm. However, the GNU GPL, with its contributory commons, dominates this scene. The reasons for this are analysed, especially in the context of Spain and Latin American countries where the software and this licence proliferate. The GNU GPL has recently been revised, although older versions will continue in use. This paper gives an overview of FLOSS (using an all inclusive term) licences, considers alternative legal paradigms and hones in on the GPL's most recent renaissance - discussing its terms and wider implications.
Journal of Animal Ethics
Abstract:This article compares and contrasts the patenting of animals, humans, and biotechnologic... more Abstract:This article compares and contrasts the patenting of animals, humans, and biotechnological inventions in the United States, at the European Patent Office, and within the European Union. It shows that morality is not a concern of U.S. legislative instruments or courts and patents have been granted liberally on living organisms, from microorganisms to mammals, in North America since the 1980s. By way of contrast, both European legislative instruments enshrine a morality bar that must be employed to deny patentability. Their implementation, however, is unpredictable due to a lack of detailed guidance on what morality means. The remit of the morality bar extends principally to humans, but the interests of animals must now also be factored into the equation. The manner in which this is done is unclear and patents on plants, although controversial among the public in general, do not unduly trouble lawmakers now that a significant time has elapsed since this Rubicon was crossed. This article explains and critically assesses these systems while identifying some of the ethical problems that are likely to emerge in due course focusing on the ad hoc regard paid to animals and the lack of a structured approach to considering their rights or welfare.
First Monday, 2008
Creative Commons and contemporary copyright: A fitting shoe or "a load of old cobblers"? by Maure... more Creative Commons and contemporary copyright: A fitting shoe or "a load of old cobblers"? by Maureen O'Sullivan This article examines copyright's historic trajectory from a common law to a statutory privilege, turning almost full circle in recent years, in the current age of high technology. It simultaneously probes theories of intellectual property rights which are grounded in somewhat skewed ideas related to tangible property, and contextual parallels and contrasts are drawn between physical and ephemeral resources throughout. The founding and fomenting of various civil society organisations in response to the expansions in the term and scope of copyright law, such as Creative Commons, is then charted. This leads on to complex questions about what constitutes the public domain, and whether and how it should be facilitated. The aims of grassroots movements such as Creative Commons to persuade and assist authors, through voluntary means, to relax their legislative rights and its impact on copyright law and practice, are also critically evaluated. Contents 3. Enter a handsome prince, seeking a shoe that fits 4. Creative Commons licensing: Gilded carriage or plain old pumpkin? 5. Cobbling creativity? Privatisation versus the public domain 6. Nailing the solution: Recycle, repair or replace? Conclusion 138. Robert P. Merges, (2004). "A new dynamism in the public domain," University of Chicago Law Review, volume 71 (Winter), 183 at p. 203.
The Journal of Information, Law and Technology ( …, 2002
The phenomenon of free or open source software (OSS) has garnered increasing attention in the leg... more The phenomenon of free or open source software (OSS) has garnered increasing attention in the legal field over the past number of years. It provides a paradigmatically different model of software development and marketing than proprietary software, which has traditionally ...
First Monday, 2008
Creative Commons and contemporary copyright: A fitting shoe or "a load of old cobblers"? by Maure... more Creative Commons and contemporary copyright: A fitting shoe or "a load of old cobblers"? by Maureen O'Sullivan This article examines copyright's historic trajectory from a common law to a statutory privilege, turning almost full circle in recent years, in the current age of high technology. It simultaneously probes theories of intellectual property rights which are grounded in somewhat skewed ideas related to tangible property, and contextual parallels and contrasts are drawn between physical and ephemeral resources throughout. The founding and fomenting of various civil society organisations in response to the expansions in the term and scope of copyright law, such as Creative Commons, is then charted. This leads on to complex questions about what constitutes the public domain, and whether and how it should be facilitated. The aims of grassroots movements such as Creative Commons to persuade and assist authors, through voluntary means, to relax their legislative rights and its impact on copyright law and practice, are also critically evaluated. Contents 3. Enter a handsome prince, seeking a shoe that fits 4. Creative Commons licensing: Gilded carriage or plain old pumpkin? 5. Cobbling creativity? Privatisation versus the public domain 6. Nailing the solution: Recycle, repair or replace? Conclusion 138. Robert P. Merges, (2004). "A new dynamism in the public domain," University of Chicago Law Review, volume 71 (Winter), 183 at p. 203.
Free, open source, libre1 software, FOSS2, FLOSS3 or LOSS4 - however one chooses to describe non-... more Free, open source, libre1 software, FOSS2, FLOSS3 or LOSS4 - however one chooses to describe non-proprietary software - is all protected by copyright but subject to a vast array of different licensing conditions. The Free Software Foundation approves some licences, the Open Source Initiative approves many more, whilst many licences are created for particular projects both inside and outside of the software realm. However, the GNU GPL, with its contributory commons, dominates this scene. The reasons for this are analysed, especially in the context of Spain and Latin American countries where the software and this licence proliferate. The GNU GPL has recently been revised, although older versions will continue in use. This paper gives an overview of FLOSS (using an all inclusive term) licences, considers alternative legal paradigms and hones in on the GPL's most recent renaissance - discussing its terms and wider implications.
Journal of Animal Ethics
Abstract:This article compares and contrasts the patenting of animals, humans, and biotechnologic... more Abstract:This article compares and contrasts the patenting of animals, humans, and biotechnological inventions in the United States, at the European Patent Office, and within the European Union. It shows that morality is not a concern of U.S. legislative instruments or courts and patents have been granted liberally on living organisms, from microorganisms to mammals, in North America since the 1980s. By way of contrast, both European legislative instruments enshrine a morality bar that must be employed to deny patentability. Their implementation, however, is unpredictable due to a lack of detailed guidance on what morality means. The remit of the morality bar extends principally to humans, but the interests of animals must now also be factored into the equation. The manner in which this is done is unclear and patents on plants, although controversial among the public in general, do not unduly trouble lawmakers now that a significant time has elapsed since this Rubicon was crossed. This article explains and critically assesses these systems while identifying some of the ethical problems that are likely to emerge in due course focusing on the ad hoc regard paid to animals and the lack of a structured approach to considering their rights or welfare.
First Monday, 2008
Creative Commons and contemporary copyright: A fitting shoe or "a load of old cobblers"? by Maure... more Creative Commons and contemporary copyright: A fitting shoe or "a load of old cobblers"? by Maureen O'Sullivan This article examines copyright's historic trajectory from a common law to a statutory privilege, turning almost full circle in recent years, in the current age of high technology. It simultaneously probes theories of intellectual property rights which are grounded in somewhat skewed ideas related to tangible property, and contextual parallels and contrasts are drawn between physical and ephemeral resources throughout. The founding and fomenting of various civil society organisations in response to the expansions in the term and scope of copyright law, such as Creative Commons, is then charted. This leads on to complex questions about what constitutes the public domain, and whether and how it should be facilitated. The aims of grassroots movements such as Creative Commons to persuade and assist authors, through voluntary means, to relax their legislative rights and its impact on copyright law and practice, are also critically evaluated. Contents 3. Enter a handsome prince, seeking a shoe that fits 4. Creative Commons licensing: Gilded carriage or plain old pumpkin? 5. Cobbling creativity? Privatisation versus the public domain 6. Nailing the solution: Recycle, repair or replace? Conclusion 138. Robert P. Merges, (2004). "A new dynamism in the public domain," University of Chicago Law Review, volume 71 (Winter), 183 at p. 203.
The Journal of Information, Law and Technology ( …, 2002
The phenomenon of free or open source software (OSS) has garnered increasing attention in the leg... more The phenomenon of free or open source software (OSS) has garnered increasing attention in the legal field over the past number of years. It provides a paradigmatically different model of software development and marketing than proprietary software, which has traditionally ...
First Monday, 2008
Creative Commons and contemporary copyright: A fitting shoe or "a load of old cobblers"? by Maure... more Creative Commons and contemporary copyright: A fitting shoe or "a load of old cobblers"? by Maureen O'Sullivan This article examines copyright's historic trajectory from a common law to a statutory privilege, turning almost full circle in recent years, in the current age of high technology. It simultaneously probes theories of intellectual property rights which are grounded in somewhat skewed ideas related to tangible property, and contextual parallels and contrasts are drawn between physical and ephemeral resources throughout. The founding and fomenting of various civil society organisations in response to the expansions in the term and scope of copyright law, such as Creative Commons, is then charted. This leads on to complex questions about what constitutes the public domain, and whether and how it should be facilitated. The aims of grassroots movements such as Creative Commons to persuade and assist authors, through voluntary means, to relax their legislative rights and its impact on copyright law and practice, are also critically evaluated. Contents 3. Enter a handsome prince, seeking a shoe that fits 4. Creative Commons licensing: Gilded carriage or plain old pumpkin? 5. Cobbling creativity? Privatisation versus the public domain 6. Nailing the solution: Recycle, repair or replace? Conclusion 138. Robert P. Merges, (2004). "A new dynamism in the public domain," University of Chicago Law Review, volume 71 (Winter), 183 at p. 203.