ibj-ije academy: technological (r)evolutions
DESCRIPTION
Workshop at the Belgian institute of In-House Counsel. On how technological changes revolutionize the use of Intellectual Property Rights. How In-House Counsel can play a key role to create more value for the business by understanding and using those changes.TRANSCRIPT
Technological (r)evolutions !
IBJ-IJE Academy 201420 March 2014
Goal
Method
1. Importance of Intangibles
2. Intellectual Capital vs Intellectual Property
3. Protection vs Use
4. Technology
New forms of Intellectual Capital
• Community (e.g. Lego)
• Open Source
• Creative Commons
What is Open Source?
• Freedom to run (use)
• Freedom to understand (study)
• Freedom to change
• Freedom to distribute
Categories of OSS licenses
“Artistic” Licenses
No Copyleft
Weak Copyleft
Strong Copyleft
MIT BSD Apache LGPL
GPLv2 GPLv3
AfferoGPL
Current count
(www.opensource.org)
70 licenses
Creative Commons
Open Data
• public
• private
Open HR
Exercise - protection for use
Big Data & Digitization
The story of the wheat on
the chessboard
18,446,744,073,709,551,615= 264 -‐ 1
• Earth mass = 5.97219 x 1024 kg
• Wheat mass (1 grain = 1g) = 1.8446 x 1016 kg
• Wheat mass = 1/100,000,000 Earth
• 2013 grain production = 2,140 Million Tonnes (= 2.140 x 1012 kg)
• Wheat mass= 10,000 x 2013 production
Big Data• The amount of data
doubles every 18-24 months
• 90 % of all data in the world was created in the last 2 years
• most data is generated by users, sensors or machines
Patents (US only) Linear scale
Patents (US only) Log scale
doubling time: 1963-1990: 27 y 1990-2009: 19 y
Prior Art doubling time: 2 y
Exercise - patent strategy
Personalization and the rise of the Consumer-Maker
Cost of copying goes to zero
Cost of personaliza?on goes to zero
Which one is a copy?1
2
3 & 4
5
Exercise - what is a copy?
Open Source & Open
Innovation
“99% of the Global 2000 will include Open Source Software (OSS) in their mission-critical software portfolios by 2016.” (Gartner 2011)
Why?Security – Linus’s Law (named after Linus Torvalds, Linux creator and OSS pioneer) states, “Given enough eyeballs, all bugs are shallow”. OSS offers enhanced security by leveraging the strength of its developer base to quickly identify and fix bugs.!!Quality – OSS offers immensely better quality of code. Imagine thousands of developers constantly striving to innovate and contribute to an OSS versus a handful of developers shipping out a licensed software package.!!Trial & Support – OSS also offers great trial and support options. As the code is free, organizations can try it out at will, and with hundreds of communities and online forums of open source developers, support is never far away for the users.!!Flexibility – Other benefits come in the form of amazing customizability, freedom and flexibility the code offers. Organizations typically tweak the code with minimal effort to best match their requirements, a relatively well-known example being that of Goobuntu, a ‘long term support’ version of Ubuntu developed and used in-house by Google.
Open Source Hardware
“Open innovation is a paradigm that assumes that firms can and should use external ideas as well as internal ideas,
and internal and external paths to market, as the firms look to advance
their technology” !
Henry Chesbrough
Open Innovation
Exercise - OS criteria
TECHNOLOGY
NOVELTY EFFICIENCY
(product) (process)
FUNCTION
SPECIFIC GENERIC
(customer) (producer)
CONTENT
QUALITY QUANTITY
(knowledge) (data)
RelaEveGweightG
Community
Peer-to-Peer & the Crowd
Social Media
“Technology and social interaction for the co-creation of value”
value
Exercise - Annual Accounts
IP?
General Conclusions
1. The IP Paradigm is changing
2. The use of IP/Intellectual Capital is changing
3. Technology cycles are shortening
4. Technology itself is threatening IP old style
Everything becomes software
Use v Protection
Use > Protection