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Krzysztof Siewicz,
a Polish lawyer at Grynhoff Woźny & Partners, a law firm in Poland [1], where he specializes in the field of intellectual property rights law, new technologies and tax law. He holds a Doctor of law from Leiden University with a thesis on open source software [2]. Krzysztof Siewicz cooperated over five years with Jaap van den Herik who holds a part-time professorial chair from Leiden University [3], Department of Law, with specialization in Computer and Law since 1988.
Krzysztof Siewicz [4]

The Rybka case

Excerpt from Open Source has a Price, editorial ICGA Journal, Vol. 34, No. 2, by Jaap van den Herik and Krzysztof Siewicz [5]:
We accept the findings for the ICGA which implies that Rybka is based on (or simply includes parts of) Fruit to the extend constituting encroachment onto copyrights to Fruit. Here we recognize the efforts and diligence of the panel and in particular the Secretariat resulting in the report.

An abstract case

Excerpt from Siewicz's analyses from Open Source has a Price, editorial ICGA Journal, Vol. 34, No. 2, by Jaap van den Herik and Krzysztof Siewicz [6]:
GPL and copyright compliance do not automatically trigger compliance with ICGA Tournament Rule 2. It seems that the rule goes further than GPL, because it allows declaring programs invalid when they are close derivatives, even if all authors are mentioned and source code is available. The GPL allows any derivatives.

Moreover, there is a very interesting issue that could be investigated more deeply, namely, identifying copyright infringement in cases other than simple copying. This is a difficult topic. It is even more difficult in programming, where there are many techniques available other than simple copying. Programs include different levels of abstraction, and it is not clear which similarities (at which level) trigger copyright infringement, and which do not.
...

Nevertheless, ICGA does not have to stick to the balance struck in copyright law. Namely, it may require attribution and refuse to accept programs even if all non-copyrightable ideas are used, thus setting a higher standard for "originality" than the one in copyright law. ICGA rules can go further than copyright because these two have different purpose.


Selected Publications


External Links


References

  1. ^ Grynhoff Woźny Wspólnicy - Kancelaria Prawna - About us
  2. ^ Krzysztof Siewicz (2010). Towards an improved regulatory framework of free software : protecting user freedoms in a world of software communities and eGovernments. Doctoral thesis, Leiden University, Promoters: Jaap van den Herik, A.H.J. Schmidt
  3. ^ Prof.dr. H.J. van den Herik (Jaap) - Leiden Scientists
  4. ^ Przedsiębiorcy mogą udowodnić, że nie muszą płacić tantiem - Prawo i wymiar sprawiedliwości, Gazeta Prawna, September 4, 2009, (Polish), translated by Google Translate
  5. ^ Jaap van den Herik, Krzysztof Siewicz (2011). Open Source has a Price. ICGA Journal, Vol. 34, No. 2
  6. ^ Jaap van den Herik, Krzysztof Siewicz (2011). Open Source has a Price. ICGA Journal, Vol. 34, No. 2

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