Open Source Software Opportunities and Risks
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Free Software, Open Source Software, Licenses. a Short Presentation Including a Procedure for Research Software and Data Dissemination Teresa Gomez-Diaz
Free software, Open source software, licenses. A short presentation including a procedure for research software and data dissemination Teresa Gomez-Diaz To cite this version: Teresa Gomez-Diaz. Free software, Open source software, licenses. A short presentation including a procedure for research software and data dissemination. 2014. hal-01062383v2 HAL Id: hal-01062383 https://hal.archives-ouvertes.fr/hal-01062383v2 Preprint submitted on 11 Sep 2014 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Distributed under a Creative Commons Attribution - ShareAlike| 4.0 International License Free software, Open source software, licenses. A short presentation including a procedure for research software and data dissemination T. Gomez-Diaz CNRS, Universit´eParis-Est, Laboratoire d’informatique Gaspard-Monge 77454 Marne-la-Vall´ee Cedex 2, France Contact: [email protected] 9 september 2014, V.1.2 This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License (CC-BY-SA v4.0), http://creativecommons.org/licenses/by-sa/4.0/ 1 Introduction As H2020 approaches and open access policies spread in the European research community ([9]), it becomes more important to revisit the basic concepts in software distribution such as free software, open source software, licenses: they should be considered before any research software dissemination. -
Intellectual Property Law Week Helpful Diversity Or Hopeless Confusion?
Intellectual Property Law Week Open Source License Proliferation: Helpful Diversity or Hopeless Confusion? Featuring Professor Robert Gomulkiewicz University of Washington School of Law Thursday, March 18, 2010 12:30-2:00 PM Moot Courtroom Abstract: One prominent issue among free and open source software (FOSS) developers (but little noticed by legal scholars) has been "license proliferation." "Proliferation" refers to the scores of FOSS licenses that are now in use with more being created all the time. The Open Source Initiative ("OSI") has certified over seventy licenses as conforming to the Open Source Definition, a key measure of whether a license embodies FOSS principles. Many believe that license proliferation encumbers and retards the success of FOSS. Why does proliferation occur? What are the pros and cons of multiple licenses? Does the growing number of FOSS licenses represent hopeless confusion (as many assume) or (instead) helpful diversity? To provide context and color, these issues are examined using the story of his creation of the Simple Public License (SimPL) and submission of the SimPL to the OSI for certification. Professor Robert Gomulkiewicz joined the UW law school faculty in 2002 to direct the graduate program in Intellectual Property Law and Policy. Prior to joining the faculty, he was Associate General Counsel at Microsoft where he led the group of lawyers providing legal counsel for development of Microsoft's major systems software, desktop applications, and developer tools software (including Windows and Office). Before joining Microsoft, Professor Gomulkiewicz practiced law at Preston, Gates & Ellis where he worked on the Apple v. Microsoft case. Professor Gomulkiewicz has published books and law review articles on open source software, mass market licensing, the UCITA, and legal protection for software. -
An Introduction to Software Licensing
An Introduction to Software Licensing James Willenbring Software Engineering and Research Department Center for Computing Research Sandia National Laboratories David Bernholdt Oak Ridge National Laboratory Please open the Q&A Google Doc so that I can ask you Michael Heroux some questions! Sandia National Laboratories http://bit.ly/IDEAS-licensing ATPESC 2019 Q Center, St. Charles, IL (USA) (And you’re welcome to ask See slide 2 for 8 August 2019 license details me questions too) exascaleproject.org Disclaimers, license, citation, and acknowledgements Disclaimers • This is not legal advice (TINLA). Consult with true experts before making any consequential decisions • Copyright laws differ by country. Some info may be US-centric License and Citation • This work is licensed under a Creative Commons Attribution 4.0 International License (CC BY 4.0). • Requested citation: James Willenbring, David Bernholdt and Michael Heroux, An Introduction to Software Licensing, tutorial, in Argonne Training Program on Extreme-Scale Computing (ATPESC) 2019. • An earlier presentation is archived at https://ideas-productivity.org/events/hpc-best-practices-webinars/#webinar024 Acknowledgements • This work was supported by the U.S. Department of Energy Office of Science, Office of Advanced Scientific Computing Research (ASCR), and by the Exascale Computing Project (17-SC-20-SC), a collaborative effort of the U.S. Department of Energy Office of Science and the National Nuclear Security Administration. • This work was performed in part at the Oak Ridge National Laboratory, which is managed by UT-Battelle, LLC for the U.S. Department of Energy under Contract No. DE-AC05-00OR22725. • This work was performed in part at Sandia National Laboratories. -
Building Online Content and Community with Drupal
Collaborative Librarianship Volume 1 Issue 4 Article 10 2009 Building Online Content and Community with Drupal Gabrielle Wiersma University of Colorado at Boulder, [email protected] Follow this and additional works at: https://digitalcommons.du.edu/collaborativelibrarianship Part of the Collection Development and Management Commons Recommended Citation Wiersma, Gabrielle (2009) "Building Online Content and Community with Drupal," Collaborative Librarianship: Vol. 1 : Iss. 4 , Article 10. DOI: https://doi.org/10.29087/2009.1.4.10 Available at: https://digitalcommons.du.edu/collaborativelibrarianship/vol1/iss4/10 This Review is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Collaborative Librarianship by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. Wiersma: Building Online Content and Community with Drupal Building Online Content and Community with Drupal Gabrielle Wiersma ([email protected]) Engineering Research and Instruction Librarian, University of Colorado at Boulder Libraries use content management systems Additionally, all users are allowed to post in order to create, manage, edit, and publish content without using code, which enables content on the Web more efficiently. Drupal less tech savvy users to contribute content (drupal.org), one such Web-based content just as easily as their more proficient coun- management system, is unique because it terparts. For example, a library could use employs a bottom-up strategy for Web de- Drupal to allow library staff to view and sign that separates the content of the site edit the library Web site, blog, and staff from the formatting which means that “you intranet. -
Creator's Guide to Commercializing Copyrighted Work
STANFORD UNIVERSITY OFFICE OF Creator’s Guide to TECHNOLOGY Commercializing LICENSING Copyrighted Work OURSES WEB C PHY BOOKS S SI E GRA OFT TE D TO WA S O HO R C P E V M S U ID Y M S H E I E O C O P P C A S H F R G O N R I I C G E D O T O R G I O E R O C A R E N P R H O Y S M H P C C P O O A D B E E C L I I I C L B S O E O U U R M A S M N E P O S I T W P E C I E F B S R S O I T E A E D I S V B W O T O F K O S S he Stanford University Office of Technology Licensing (OTL) promotes the transfer of Stanford technology for Tsociety’s use and benefit. This technology grows out of the CONTENTS boundless creativity found in the faculty, staff, and students at the University. When that creative expression is protected by copyright, OTL and our Stanford creators face a distinct set THE BASICS .......................................................................................2 of commercialization and distribution issues that they do not STanford’s copyrighT POLICY .......................................................5 encounter for other forms of intellectual property. SOFTWARE .........................................................................................8 OTL created this booklet to help Stanford creators successfully identify and CONTENT AND COURSES..................................................................15 navigate those issues. The booklet is focused on out-licensing or distributing OPEN SOURCE SOFTWARE LICENSING ..............................................18 creative works owned by Stanford. -
Article Title
International In-house Counsel Journal Vol. 5, No. 20, Summer 2012, 1 Corporate Use of Open Source Software: Dispelling the Myths with a Policy HEATHER E. MCNAY Senior Intellectual Property Counsel, Landis+Gyr, USA Abstract Many companies do not understand open source software and choose to avoid it completely instead of creating an informed policy. Avoiding the issue can lead to developers using open source software incorrectly and potentially exposing proprietary company intellectual property through mandated public disclosure. The legal department for every technology company needs to work with the software development group to create a comprehensive Open Source Policy. The policy should ensure that every piece of open source code that is used by the company is reviewed pursuant to a prescribed process. A good policy will require that the requesting developer list the planned use of the open source code and provide the name of the license covering the code, if known. The proposed use of the code is important because stand-alone, or separably compilable, applications will not trigger certain license’s obligations, such as the publication of source code. There are many distinct open source licenses being used today, each with very different terms. With knowledge of the use and the license, the legal department can investigate the license and make a recommendation based on whether it is a ‘viral license’ (requiring publication) or not. Then, together with the technical point of contact, an informed decision can be made about all source code used by the company. Organisations will discover that using open source software in controlled manner can provide actual cost savings without exposing the company to any risk. -
Understanding Code Forking in Open Source Software
EKONOMI OCH SAMHÄLLE ECONOMICS AND SOCIETY LINUS NYMAN – UNDERSTANDING CODE FORKING IN OPEN SOURCE SOFTWARE SOURCE OPEN IN FORKING CODE UNDERSTANDING – NYMAN LINUS UNDERSTANDING CODE FORKING IN OPEN SOURCE SOFTWARE AN EXAMINATION OF CODE FORKING, ITS EFFECT ON OPEN SOURCE SOFTWARE, AND HOW IT IS VIEWED AND PRACTICED BY DEVELOPERS LINUS NYMAN Ekonomi och samhälle Economics and Society Skrifter utgivna vid Svenska handelshögskolan Publications of the Hanken School of Economics Nr 287 Linus Nyman Understanding Code Forking in Open Source Software An examination of code forking, its effect on open source software, and how it is viewed and practiced by developers Helsinki 2015 < Understanding Code Forking in Open Source Software: An examination of code forking, its effect on open source software, and how it is viewed and practiced by developers Key words: Code forking, fork, open source software, free software © Hanken School of Economics & Linus Nyman, 2015 Linus Nyman Hanken School of Economics Information Systems Science, Department of Management and Organisation P.O.Box 479, 00101 Helsinki, Finland Hanken School of Economics ISBN 978-952-232-274-6 (printed) ISBN 978-952-232-275-3 (PDF) ISSN-L 0424-7256 ISSN 0424-7256 (printed) ISSN 2242-699X (PDF) Edita Prima Ltd, Helsinki 2015 i ACKNOWLEDGEMENTS There are many people who either helped make this book possible, or at the very least much more enjoyable to write. Firstly I would like to thank my pre-examiners Imed Hammouda and Björn Lundell for their insightful suggestions and remarks. Furthermore, I am grateful to Imed for also serving as my opponent. I would also like to express my sincere gratitude to Liikesivistysrahasto, the Hanken Foundation, the Wallenberg Foundation, and the Finnish Unix User Group. -
Open Source Software: Avoiding the Pitfalls; Reaping the Rewards
McCarthy Tétrault LLP Open Source Software: Avoiding the Pitfalls; Reaping the Rewards Charles Morgan Presentation to the ALAI Auberge Le Saint-Gabriel September 24, 2003 McCarthy Tétrault Open Source »What is Open Source? »Brief History of Open Source »OSI Open Source Definition »Open Source Licenses »Open Source Business Models »Rewards & Pitfalls »Open Source Tips McCarthy Tétrault LLP What is Open Source? » Open source software can generally be defined by four freedoms: • The freedom to use the program • The freedom to examine and change the source code • The freedom to distribute the program • The freedom to distribute any changes to the source code McCarthy Tétrault LLP What is Open Source? » Nine core principles: • Free Distribution – no restriction on distribution of the software as a component of an aggregate software distribution (including royalty or fee) • Source Code - the source code must be accessible • Derived Works - license must allow modifications and derived works, and must allow them to be distributed under the same terms as the license of the original software • Integrity of the Author’s Source Code - the license may restrict source code from being distributed in modified form only if the license allows the distribution of ‘patch files’ with the source code McCarthy Tétrault LLP What is Open Source? • No Discrimination Against Persons or Groups - the license must not discriminate against any person or group of persons • No Discrimination Against Fields of Endeavor - the license must not restrict anyone from making -
FOSS Philosophy 6 the FOSS Development Method 7
1 Published by the United Nations Development Programme’s Asia-Pacific Development Information Programme (UNDP-APDIP) Kuala Lumpur, Malaysia www.apdip.net Email: [email protected] © UNDP-APDIP 2004 The material in this book may be reproduced, republished and incorporated into further works provided acknowledgement is given to UNDP-APDIP. For full details on the license governing this publication, please see the relevant Annex. ISBN: 983-3094-00-7 Design, layout and cover illustrations by: Rezonanze www.rezonanze.com PREFACE 6 INTRODUCTION 6 What is Free/Open Source Software? 6 The FOSS philosophy 6 The FOSS development method 7 What is the history of FOSS? 8 A Brief History of Free/Open Source Software Movement 8 WHY FOSS? 10 Is FOSS free? 10 How large are the savings from FOSS? 10 Direct Cost Savings - An Example 11 What are the benefits of using FOSS? 12 Security 13 Reliability/Stability 14 Open standards and vendor independence 14 Reduced reliance on imports 15 Developing local software capacity 15 Piracy, IPR, and the WTO 16 Localization 16 What are the shortcomings of FOSS? 17 Lack of business applications 17 Interoperability with proprietary systems 17 Documentation and “polish” 18 FOSS SUCCESS STORIES 19 What are governments doing with FOSS? 19 Europe 19 Americas 20 Brazil 21 Asia Pacific 22 Other Regions 24 What are some successful FOSS projects? 25 BIND (DNS Server) 25 Apache (Web Server) 25 Sendmail (Email Server) 25 OpenSSH (Secure Network Administration Tool) 26 Open Office (Office Productivity Suite) 26 LINUX 27 What is Linux? -
The Penguin and the Cartel: Rethinking Antitrust and Innovation Policy for the Age of Commercial Open Source
The Penguin and the Cartel: Rethinking Antitrust and Innovation Policy for the Age of Commercial Open Source Stephen M. Maurer1 Abstract: Modern open source (“OS”) software projects are increasingly funded by commercial firms that expect to earn a profit from their investment. This is usually done by bundling OS software with proprietary goods like cell phones or services like tech support. This article asks how judges and policymakers should manage this emerging business phenomenon. It begins by examining how private companies have adapted traditional OS institutions in a commercial setting. It then analyzes how OS methods change companies’ willingness to invest in software. On the one hand, OS cost-sharing often leads to increased output and benefits to consumers. On the other, these benefits tend to be limited. This is because sharing guarantees that no OS company can offer consumers better software than any other OS company. This suppresses incentives to invest much as a formal cartel would. In theory, vigorous competition from non-OS companies can mitigate this effect and dramatically increase OS output. In practice, however, de facto cartelization usually makes the OS sector so profitable that relatively few proprietary companies compete. This poses a central challenge to judges and policymakers. Antitrust law has long recognized that the benefits of R&D sharing frequently justify the accompanying cartel effect. This article argues that most commercial OS collaborations can similarly be organized in ways that satisfy the Rule of Reason. It also identifies two safe harbors where unavoidable cartel effects should normally be tolerated. That said, many OS licenses contain so-called “viral” clauses that require users who would prefer to develop proprietary products to join OS collaborations instead. -
The General Public License Version 3.0: Making Or Breaking the FOSS Movement Clark D
Michigan Telecommunications and Technology Law Review Volume 14 | Issue 2 2008 The General Public License Version 3.0: Making or Breaking the FOSS Movement Clark D. Asay Follow this and additional works at: http://repository.law.umich.edu/mttlr Part of the Computer Law Commons, and the Science and Technology Law Commons Recommended Citation Clark D. Asay, The General Public License Version 3.0: Making or Breaking the FOSS Movement, 14 Mich. Telecomm. & Tech. L. Rev. 265 (2008). Available at: http://repository.law.umich.edu/mttlr/vol14/iss2/1 This Article is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Telecommunications and Technology Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. THE GENERAL PUBLIC LICENSE VERSION 3.0: MAKING OR BREAKING THE FOSS MOVEMENT? Clark D. Asay* Cite as: Clark D. Asay, The GeneralPublic License Version 3.0: Making or Breaking the Foss Movement? 14 MICH. TELECOMM. TECH. L. REV. 265 (2008), available at http://www.mttlr.org/volfourteen/asay.pdf I. INTRODUCTION ......................................................................... 266 II. FREE SOFTWARE V. OPEN SOURCE ........................................... 268 A. The FSF's Vision of Free Software..................................... 268 B. The OSI's Vision: A Different Movement? ......................... 270 C. PracticalDifferences? ....................................................... 271 III. G PLv3: ITS T ERM S................................................................... 274 A. GPLv3 's Anti-DRM Section ............................................... 274 1. Its C ontents ................................................................. 274 2. FSF's Position on DRM .............................................. 276 3. The Other Side of the Coin? OSI Sympathizers ........ -
Free and Open Source Software: “Commons” Or Clubs
To be published in the book “Conference for the 30th Anniversary of the CRID” (Collection du CRIDS) Free and Open Source Software Licensing: A reference for the reconstruction of “virtual commons”?1 Philippe LAURENT Senior Researcher at the CRIDS (University of Namur - Belgium) Lawyer at the Brussels Bar (Marx, Van Ranst, Vermeersch & Partners) The impact of the Free, Libre and Open Source Software (FLOSS) movement has been compared to a revolution in the computing world2. Beyond the philosophical and the sociological aspects of the movement, its most outstanding achievement is probably its penetration in the ICT market3. FLOSS has indeed reached a high level of economical maturity. It is not “just” an alternative movement any more, nor is it a simple option that companies of the field can choose to take or simply ignore. It is a reality that everyone has to acknowledge, understand and deal with, no matter which commercial strategy or business model is implemented. FLOSS is based upon an outstanding permissive licensing system coupled with an unrestricted access to the source code, which enables the licensee to modify and re-distribute the software at will. In such context, intellectual property is used in a versatile way, not to monopolize technology and reap royalties, but to foster creation on an open and collaborative basis. This very particular use of initially “privative” rights firstly amazed… then became source of inspiration. Indeed, scientists, academics and other thinkers noticed that the free and open source system actually worked quite well and gave birth to collaborative and innovative, but also commercially viable ecosystems.