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17	17	{{include reference="Projects.About the Flow Syllabus"/}}
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19		-[[Primary Currents that Create and Maintain FLOW]]
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20	20
21		-(% style="color:green" %)
22		-= Introduction =
	21	+{{include reference="Projects.Primary Currents that Create and Maintain FLOW"/}}
23	23
24		-== Scope ==
25		-
26		-[[image:factorsofproduction_small.png||style="float: left;" width="20%"]]
27		-
28		-* A Visual Guide to Intellectual Capital Management http://www.projectmanagementhotel.com/attachments/5986/IntellectualCapitalManagement_VisualGuide_25may2013PDF.pdf
29		-** [[Poster: Factors of Production>>attach:factorsofproduction_posterJPG.jpg||rel="__blank" title="Poster: Factors of Production"]]
30		-** [[Definitions — Factors of Productions]]
31		-— Enabling factors for managing intellectual resources in engineering design http://www.designsociety.org/download-publication/26772/enabling_factors_for_managing_intellectual_resources_in_engineering_design
32		-** Target Outcomes
33		-— For course participants
34		-— For the organization
35		-— For external stakeholders
36		-
37		-== How to Make it Easier for Corporate Legal Counsel to Help You ==
38		-
39		-A benefit of this course can be to build more effective lines of communication between the technical developers/managers of free/libre/open works for your organization and your corporate legal counsel. The sources below report a trend whereby corporate legal counsel has been brought into more of a core business management role than in the past. The corollary is that developers/managers of free/libre/open works must become effective in their ability to communicate with legal counsel. //An Explanation of Computation Theory for Lawyers// http://www.groklaw.net/article.php?story=20091111151305785 is excellent, but is probably more than your lawyers have time to read. They will often need to rely directly upon you, as developers and development team managers, to explain what you do, in a manner that is parsed or ported into legal concepts.
40		-
41		-* Categories of Law http://hrsbstaff.ednet.ns.ca/jmontgom/Law%2012/Unit%201/2%20-%20Categorizing%20Law.ppt
42		-* The Evolving Role of General Counsel (Canadian Bar Association) http://www.ccca-accje.org/Fr/resources/PDF/The%20Evolving%20Role%20of%20General%20Counsel_R.Patzelt_posted%20Sept.09.11.pdf also http://www.cba.org/cba/Halifax2011/pd/ccca-401.aspx
43		-* An Expanding Role: Changes for corporate counsel – comparing Canadian and global trends (Deloitte) http://www.deloitte.com/assets/Dcom-Canada/Local%20Assets/Documents/FA/ca_en_fa_corporate_counsel_050211.pdf
44		-* The Role of In-House Counsel: Global Distinctions (Association of Corporate Counsel, US) http://www.acc.com/legalresources/quickcounsel/troicgd.cfm
45		-* Privilege Primer: Best Practices for Internal Counsel http://mcmillan.ca/privilege-primer-best-practices-for-internal-counsel
46		-* Law and Society in Transition: [[Introduction>>url:http://books.google.ca/books?id=P5xrwZ8QyVwC&lpg=PA9&ots=ynrasLHIVr&dq=%22misplaced%20concreteness%22%20law&pg=PA123#v=snippet&q=%22Year%20by%20year,%20law%20seems%20to%20penetrate%20and%20constrain%22&f=false||rel="__blank" title="Introduction"]]
47		-* Practical Advice to Scale Open Source Legal Support http://www.linuxfoundation.org/publications/compliance/practical-advice-to-scale-open-source-legal-support
48		-
49		-=== Internal Organizational Context ===
50		-
51		-☏ __Audio File (pending):__ Listen to a Discussion with an Invited Authority on Intellectual Rights Compliance Management and Risk Identification
52		-
53		-* Janet Campbell, Director, Intellectual Property, Secretary and Legal Counsel, Eclipse Foundation. Janet is responsible for the review of intellectual property proposed for inclusion in Eclipse open source projects. This review includes examining both the provenance of the intellectual property and license compatibility. She is author of the Eclipse Legal Process and maintains the document on an ongoing basis. She is also co-author of the Eclipse Guide to Legal Documents, which has benefitted from the work of several contributors over the years. In this session, Janet will discuss how the Eclipse Foundation manages contributions of source code to Eclipse projects and undertakes due diligence to reduce and mitigate risks due to parties involved in re-use or re-distribution. http://www.microdoc.com/eclipse-embedded-day-2009-video-managing-open-source-legal-issues-janet-campbell
54		-
55		-== Decision-Making Under Uncertainty at the Intersection between "Source Code" and "Civil Code" ==
56		-
57		-* "The Methodological Significance of Uncertainty":/projects/course-free-libre-open/wiki/Uncertainty
58		-** Learning in and about complex systems http://www.exponentialimprovement.com/cms/uploads/LearningInAndAboutComplexSystems.pdf
59		-** [[Emergent Learning Maps]]
60		-** The Fallacy of Misplaced Concreteness http://books.google.ca/books?id=P5xrwZ8QyVwC&lpg=PA9&ots=ynrasLHIVr&dq=%22misplaced%20concreteness%22%20law&pg=PA9#v=onepage&q=%22misplaced%20concreteness%22%20law&f=false
61		-— Ceci n'est pas une pipe http://foucault.info/documents/img/notapipe/surrealistplumber.jpg
62		-— The Fallacy of Misplaced Specificity http://books.google.ca/books?id=CT8f9KAcpMgC&lpg=PA242&ots=Ep1Kw4-GNH&dq=%22misplaced%20specificity%22%20law&pg=PA242#v=onepage&q=%22misplaced%20specificity%22%20law&f=false
63		-** Communication Models http://communicationtheory.org/category/communication-models/ and http://communicationtheory.org/category/communication-models/page/2/ (See: http://communicationtheory.org/osgood-schramm-model-of-communication/ )
64		-** Success & Failure in IT Projects
65		-— What Is Failure? http://martinfowler.com/bliki/WhatIsFailure.html
66		-— The Rise and Fall of the Chaos Report Figures http://www.cs.vu.nl/~x/chaos/chaos.pdf
67		-* Concepts vs. Legislation vs. Jurisdiction vs. Litigation in a Composite International Legal Environment
68		-** The International Free and Open Source Software Law Review http://www.ifosslr.org/ifosslr
69		-** The International Free and Open Source Software Law Book http://ifosslawbook.org/about/
70		-** The Creative Commons Jurisdiction Database http://wiki.creativecommons.org/Jurisdiction_Database
71		-** Comparison of IP Laws in California and Canada http://142.103.216.236/ccsip/Wiki%20Pages/Comparison%20of%20IP%20Laws%20in%20California%20and%20Canada.aspx
72		-
73		-== Reducing Uncertainty through Intellectual Provenance Management ==
74		-
75		-* Intellectual [[Provenance>>url:http://osi.xwiki.com/bin/Projects/Definitions+%E2%80%94+Factors+of+Productions#HSomeNotesontheTerminologyof22IP2228or...22YouSayTom-8-to2CIsayTom-a-to2229||title="Provenance"]]
76		-— Electronic Discovery in Canada: Best Practices and Guidelines http://www.cch.ca/_resources/pdf/ebook/b109.pdf
77		-— How might your current practices be improved to make it easier for you lawyers to help you in the event of litigation?
78		-
79		-* W3C PROV Family of Documents
80		-— An Overview of the PROV Family of Documents: W3C Working Group Note http://www.w3.org/TR/prov-overview/
81		-— A Free/Libre/Open Source Implementation of W3C-PROV in Taverna Workflow Management System http://www.taverna.org.uk/documentation/taverna-2-x/provenance/
82		-
83		-☏ __Audio File (pending):__ Listen to a Discussion with the Co-Editors of Groklaw on the Surreal World of Copyright & Patent Litigation
84		-
85		-* **Mark Webbink** Co-Editor of Groklaw since 2011, and Board Member of the Software Freedom Law Center, works as Executive Director of the Center for Patent Innovations at New York Law School, where he also oversees the Peer To Patent project run with the U.S. Patent and Trademark Office. As a senior lecturing fellow at Duke University School of Law he teaches patent, copyright, trademark and trade secret licensing. He was the first General Counsel at Red Hat from from 2000 to 2004, as well as Senior Vice President, and from 2004 to August 2007 Deputy General Counsel, retiring from Red Hat in 2007. He received his J.D., magna cum laude, from North Carolina Central University School of Law in 1994. http://www.nyls.edu/faculty/faculty_profiles/mark_webbink/
86		-
87		-* **Pamela Jones** is the Founding Editor (2003-11), then Co-Editor and was for a decade the primary contributor to Groklaw. Applying open-source methods to research, her blog grew to become a top source of news and analysis on litigation and legislation relevant to free/libre/open source software, visited by millions of daily visitors with legal and technology backgrounds. Her most prominent coverage was the twisted decade-long SCO-initiated cases relating to copyright claims; various cases that address the issue of software patents being patents on mathematics, and the Oracle v. Google patent case in cooperation with Mark Webbink. She also initiated articles asking the community to search for prior art. The 16th of May 2013 was Groklaw's 10th Anniversary http://www.groklaw.net/articlebasic.php?story=20130515162826518 PJ ended her involvement on 10 August 2013 http://10questions.peppla.com/pj.html.html when it became apparent that the US government would not respect the Moral Rights of her sources to remain anonymous. See: http://cyber.law.harvard.edu/property/library/moralprimer.html
88		-
89		-☏ __Audio File (pending):__ Listen to a Discussion with an Invited Authority on the Composite International Legal Environment Governing Copyrights, Patents and Contracts (Part 1)
90		-
91		->//Various domains of law affect computer program developers, and managers, and the organizations they work for. Their own legal incorporation, and that of each of their clients, may be state/provincial or national. And yet the developers, and managers may participate in free/libre/open works with globally-distributed co-authors and co-managers. Many multinational/multilateral organizations have employees located in multiple countries who participate in free/libre projects under rules of employment particular to their state/provincial or national jurisdictions and types of employers (commercial, charitable, educational, governmental, multilateral). In addition to the differences of semantic meaning of words across languages and contextually different concepts across cultures, formal laws and contracts are codified within different state/province, national, pluri-national, and multi-national legal jurisdictions. How should developers and development team managers take into account this deeply heterogeneous legal environment? What obvious pitfalls can be avoided? What risks must just be accepted?//
92		-
93		-* "Eben Moglen":http://www.softwarefreedom.org/about/team/ is Executive Director of the Software Freedom Law Center and Professor of Law and Legal History at Columbia University Law School. He has represented many of the world's leading free software developers, and co-authored the GNU series of licenses. 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 for Justice Thurgood Marshall of the United States Supreme Court. He is admitted to practice in the State of New York and before the United States Supreme Court. Recently he started the FreedomBox Foundation.
94		-
95		-== FLOW: Free/Libre/Open Works ≡ (Good Values) + (Good Value) ==
96		-
97		-* [[The Value Proposition for Participating in Free Libre Open Works]]
98		-** [[About FLOW and RENT Business Models]]
99		-** [[Does the Free|Gratis|NoFee Aspect of Free|Libre|Open Constitute "Predatory Pricing"?]]
100		-** Open Season http://www.iam-magazine.com/issues/Article.ashx?g=744683bc-5660-4a1b-bda5-bf5e1316586b
101		-** FOSS Primers http://www.iosn.net/publications/foss-primers
102		-— FOSS Licensing http://en.wikibooks.org/wiki/FOSS_Licensing
103		-** Open Source Security Strategy http://c2.com/cgi/wiki?OpenSourceSecurityStrategy
104		-** Clarifying Guidance Regarding Open Source Software http://dodcio.defense.gov/Portals/0/Documents/FOSS/2009OSS.pdf
105		-** What can be learned from physical free/libre/open markets?
106		-— The global market for bags of plain air http://www.freedoniagroup.com/DocumentDetails.aspx?ReferrerId=FG-01&studyid=2839 (Some configurations are limited by patents, eg: http://innovativeip.wordpress.com/2010/07/28/bubble-wrap-a-great-inventor-success-story/
107		-— The global market for bottles of plain water https://en.wikipedia.org/wiki/Bottled_water#Global_sales
108		-— The global market for free/libre/open hardware http://singularityhub.com/2010/05/10/13-open-source-hardware-companies-making-1-million-or-more-video/
109		-
110		-* Operational Metadata for Digital Restrictions/Rights Management (DRM)
111		-** ODRL
112		-— Resource Description Framework (RDF) http://www.w3.org/RDF/
113		-— ODRL Community Group http://www.w3.org/community/odrl/
114		-— Describing Copyright in RDF http://creativecommons.org/ns#
115		-— Introducing RDF for GNU Licenses http://www.fsf.org/blogs/licensing/2009-06-rdf See: http://www.gnu.org/licenses/gpl-3.0.rdf
116		-** XrML
117		-— A Formal Foundation for XrML (eXtensible rights Markup Language) www.cs.cornell.edu/home/halpern/papers/xrml.pdf
118		-— XrML Reference Implementation:
119		-— MPEG-21 Rights Expression Language http://mpeg.chiariglione.org/standards/mpeg-21/rights-expression-language
120		-— MPEG-21 Rights Data Dictionary http://mpeg.chiariglione.org/standards/mpeg-21/rights-data-dictionary
121		-
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