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Open Source, , Toward

 http://tinyurl.com/yqfcq (Groklaw)

 Copyright law, guarantees protections  to copy  Exclusive right to create derivative works  Exclusive right to distribute work  Exclusive right to perform/display work  Fair use exceptions, First Amendment tension, facts and ideas vs their expression

CPS 82, Fall 2010 6.1 CPS 82, Fall 2010 6.2

FOSS: Free and Open Source FOSS: Personalities

 What does free mean?   Accomplishments  Speech and beer  rms' web page  GNU (gnu's not Unix)  Grounded in ethics, social responsibility  Lots of tools: gcc and more  Copyleft GPL: 1989  Open Source  Macarthur (1990)  Development method  Grace Hopper award  Appeals to “Fortune 500” more than free  National Academy of Engineering  About reliability, performance, security, …  Free as in speech

CPS 82, Fall 2010 6.3 CPS 82, Fall 2010 6.4 FOSS: Personalities (continued) FOSS: Personalities (continued)

 Accomplishments  Eric Raymond  Linus Torvalds  Accomplishments  Cathedral and Bazaar  esr's web page  Linus' Blog  Linux, early '90s • Open Source->Business • Unix, Minix, Linux

 "Given enough eyeballs,  Open Source advocat all bugs are shallow" • Attributed to Torvalds  Still "oversees" Linux development  Halloween documents  9/2010, US Citizen  Open Source and OSI

CPS 82, Fall 2010 6.5 CPS 82, Fall 2010 6.6

fsf.org: Four Essential Freedoms http://www.gnu.org/copyleft/

 The freedom to run the program, for any  To copyleft a program, we first state that it is purpose (freedom 0). copyrighted; then we add distribution terms, which are a legal instrument that gives everyone the rights to use, modify, and  The freedom to study how the program redistribute the program's code or any program derived from it works, and change it to make it do what you but only if the distribution terms are unchanged. Thus, the wish (freedom 1). code and the freedoms become legally  The freedom to redistribute copies so you can inseparable. Proprietary software developers help your neighbor (freedom 2). use copyright to take away the users' freedom;  The freedom to improve the program, and we use copyright to guarantee their freedom. release your improvements to the public, so That's why we reverse the name, changing the whole community benefits (freedom 3). “copyright” into “copyleft.”

CPS 82, Fall 2010 6.7 CPS 82, Fall 2010 6.8 Open Source, www.opensource.org Open Source, www.opensource.org

1. Free Redistribution: can’t force, can’t 6. No discrimination against fields of prevent sale endeavor 2. Source code: must be available, cheap or 7. Distribution “no strings”, no further free licensing 3. to modify, redistribution with same 8. License not bound to whole, part terms redistribution ok 4. Integrity of author’s source (patchable, 9. No further restrictions, e.g., cannot require versioning) open 5. No discrimination against persons or groups 10. Technology neutral

CPS 82, Fall 2010 6.9 CPS 82, Fall 2010 6.10

Open Source Viral License

 Copyleft licenses compared to free licenses  Connotations of “viral”  Copyleft is “viral”, requires redistribution to be  Is viral marketing ok? the same or similar  neutrality dispute  Free licenses have no downstream restrictions  GPL is the Gnu Public License  GPL is viral  Currently v3, complex, legal license  Threat to intellectual  X11 or BSD or Apache  GPL is not viral  All are free/open, but not viral, e.g., permit  It’s not even infectious, you have a choice commercial, proprietary products

CPS 82, Fall 2010 6.11 CPS 82, Fall 2010 6.12 Freedom, Ethics, Law and Licensing

 What does Stallman want?  Most software is licensed rather than sold  Freedom B1  Why isn’t it sold? First-sale doctrine  Freedom B2 alternative Link Alive on 9/19/2010  Are EULAs valid? According to whom?  Can I back up my software? DVD/CD?  Freedom RMS  Tale of three logos  http://mp3licensing.com/royalty/  Linux Windows SQlite  Apparently not enforced for FOSS codecs  Pragmatics v principles in Ogg Vorbis

CPS 82, Fall 2010 6.13 CPS 82, Fall 2010 6.14

License and Royalty EULA for software

 http://mp3licensing.com/royalty/  First sale doctrine applies to atoms (books)  Why is mp3 subject to licensing?  What about bits? Office, Snow Leopard,…  100 Million euros in 2005 (Wikipedia)  Get Office from OIT, sell it? Old version?  grants license  Alternatives? Ogg, Windows Media, …  EULAs and Terms of Service  When do you agree to terms of service?  Why isn’t this a copyright issue?  Lori Drew, cyberbullying, TOS?  What is copyrightable?  Do EULAs stand up in court?  What is patentable?  http://bit.ly/9aOLnB  http://bit.ly/dptxrq

CPS 82, Fall 2010 6.15 CPS 82, Fall 2010 6.16