DOCSLIB.ORG

Open Source Software 101

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Open Source Software 101 What Every Attorney Needs to Know About Open Source Licenses and Their Obligations: Open Source Software 101 2020 Edition LawPracticeCLE Unlimited All Courses. All Formats. All Year. ABOUT US LawPracticeCLE is a national continuing legal education company designed to provide education on current, trending issues in the legal world to judges, attorneys, paralegals, and other interested business professionals. New to the playing eld, LawPracticeCLE is a major contender with its oerings of Live Webinars, On-Demand Videos, and In-per- son Seminars. LawPracticeCLE believes in quality education, exceptional customer service, long-lasting relationships, and networking beyond the classroom. We cater to the needs of three divisions within the legal realm: pre-law and law students, paralegals and other support sta, and attorneys. WHY WORK WITH US? At LawPracticeCLE, we partner with experienced attorneys and legal professionals from all over the country to bring hot topics and current content that are relevant in legal practice. We are always looking to welcome dynamic and accomplished lawyers to share their knowledge! As a LawPracticeCLE speaker, you receive a variety of benets. In addition to CLE teaching credit attorneys earn for presenting, our presenters also receive complimentary tuition on LawPracticeCLE’s entire library of webinars and self-study courses. LawPracticeCLE also aords expert professors unparalleled exposure on a national stage in addition to being featured in our Speakers catalog with your name, headshot, biography, and link back to your personal website. Many of our courses accrue thousands of views, giving our speakers the chance to network with attorneys across the country. We also oer a host of ways for our team of speakers to promote their programs, including highlight clips, emails, and much more! If you are interested in teaching for LawPracticeCLE, we want to hear from you! Please email our Directior of Operations at [email protected] with your information. Be advised when speaking for LawPracticeCLE, we require you to provide the bellow items related to your course: 1. A Course Description 2. 3-4 Learning Objectives or Key Topics 3. A Detailed Agenda 4. A Comprehensive PowerPoint Presentation CONTACT US 11161 E State Road 70 #110-213 941-584-9833 www.lawpracticecle.com Lakewood Ranch, FL 34202 LAWPRACTICECLE UNLIMITED LawPracticeCLE Unlimited is an elite program allowing attorneys and legal professionals unlimited access to all Law- PracticeCLE live and on-demand courses for an entire year. LawPracticeCLE provides twenty new continuing legal education courses each month that will not only appeal to your liking, but it will also meet your State Bar requirement. Top attorneys and judges from all over the country partner with us to provide a wide variety of course topics from basic to advanced. Whether you are a paralegal or an experienced attorney, you can expect to grow from the wealth of knowledge our speakers provide. COURSE CATEGORIES A View From The Bench Estate Planning Paralegal Studies Animal Law Ethics, Bias, and Professionalism Personal Injury Law Bankruptcy Law Family Law Practice Management & Trial Prep Business Law Federal Law Real Estate Law Cannabis Law Food and Beverage Law Religious Law Construction Law Gun Law Social Security Law Criminal Law Health Law Specialized Topics Cybersecurity Law Immigration Law Tax Law Education Law Intellectual Property Law Technology Law Employment Law Insurance Law Transportation Law Entertainment Law Nonprot Law Tribal Law More Coming Soon ... ACCREDITATION LawPracticeCLE will seek approval of any CLE program where the registering attorney is primarily licensed and a single alternate state. The application is submitted at the time an attorney registers for a course, therefore approval may not be received at the time of broadcasting. In the event a course is denied credit, a full refund or credit for another Law- PracticeCLE course will be provided. LawPracticeCLE does not seek approval in Illinois or Virginia, however the necessary documentation to seek CLE credit in such states will be provided to the registrant upon request. ADVERTISING WITH LAWPRACTICECLE At LawPracticeCLE, we not only believe in quality education, but providing as many tools as possible to increase success. LawPracticeCLE has several advertising options to meet your needs. For advertising and co-sponsorship information, please contact the Director of Operations, Jennifer L. Hamm, [email protected]. CHECK US OUT ON SOCIAL MEDIA Facebook: www.facebook.com/LawPracticeCLE lnstagram: www.instagram.com/lawpracticecle Linkedln: www.linkedin.com/company/lawpracticecle Twitter: www.twitter.com/LawPracticeCLE What Every Attorney Needs to Know About Open Source Software Chris Stevenson, Senior Attorney, DLA Piper Overview 1. What is Open Source Software? 2. Common Open Source Software Licenses 3. Why Should Your Clients Care About Open Source Software 4. Steps Your Clients Should Take www.dlapiper.com 2 What is Open Source Software? www.dlapiper.com 3 Common Misconceptions About Open Source “Open source is in the public domain." "All open source licenses “I downloaded this require the release of software for free, so its source code for open source, right?" everything." "None of these agreements are "No one will enforceable so it doesn’t ever know." really matter anyway." www.dlapiper.com 4 Open Source Software Definition • Software available as source code and offered to all on standard terms under an open source license • Open Source License • Free Software Foundation: Four Freedoms • OSI: Ten Attributes • Generally allow anyone to: • Run • Study • Redistribute • Distribute Modifications www.dlapiper.com 5 Who is Using Open Source? • Nearly everyone uses open source software • Open source components found in 99% of all software applications scanned* • Average code base contained 445 open source components (up from 298 in 2018) • Average percentage of code base was 70% (up from 60% in 2018) • 75% of audited code bases contained at least one open source software security vulnerability • Few companies can produce an open source list with any confidence * Source: Black Duck by Synopsys 2020 Open Source Security and Risk Analysis Report www.dlapiper.com 6 Open source can enter codebases from a variety of sources FOSS Community Internally Developed Code Outsourced Code Development Your Software Application Commercial 3rd-Party Code THE ENTERPRISE www.dlapiper.com 7 Benefits to Developers Using Open Source • Lower development costs and accelerated development cycles • Little or no up-front development • Time to market • Source code already exists • Increased user base • provides assistance in tracking and resolving errors • Defects are found before you find them • Defects are already fixed when you find them • More immediate feedback on desired functions www.dlapiper.com 8 Benefits to End Users of Open Source • Low cost at the point of acquisition • Low barrier to adoption • Swifter acquisition cycle: try before you buy • Flexibility at deployment, predictable license costs • Easy to customize software • Commercial and community support www.dlapiper.com 9 Common Open Source Software Licenses www.dlapiper.com 10 Basic Open Source Vocabulary • Permissive • Modifications/enhancements may remain proprietary. Distribution in source code or object code permitted provided copyright attribution & liability disclaimer are included • Examples: Berkeley Software Distribution (BSD), MIT, Apache Software License • Restrictive/Reciprocal/Copyleft • Requires licensee to make improvements, enhancements and derivative works available under similar terms • Examples of reciprocal licenses: GPL, LGPL, AGPL, EPL, CDDL • Attribution • Notice/publicity for contributors of code • Sample attribution clause: “The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software” www.dlapiper.com 11 Open Source License Spectrum Restrictive/Reciprocal Less Restrictive Permissive • GNU General Public License • Mozilla Public License (MPL) • MIT License (GPL) • Common Public License (CPL) • BSD License • GNU Lesser General Public • Eclipse Public License (EPL) • Apache License v1.1 License (LGPL) • Common Development and Distribution • W3C Software Notice and License • GNU Affero General Public License (CDDL) • Open Symphony License License (AGPL) • IBM Public License (IPL) • Apache License v 2.0 • Creative Commons Attribution • Microsoft Public License (MS-PL) Non Commercial Share-Alike • Artistic License License • Perl Artistic License • Open Software License v2.0 • Creative Commons Attribution v2.0 and v2.5 • Academic Free License v2.1 • Code Project Open License (CPOL) Restrictive Permissive www.dlapiper.com 12 Reciprocal License Example: GPL (Key Provisions) GPL v.2 (Section 2.b.) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this license. GPL v.2 (Section 3) You may copy and distribute the Program (or a work based on it) in object code or executable form … provided that you also do one of the following: • accompany it with the complete corresponding machine-readable source code … on a medium customarily used for software interchange; or, • accompany it with a written offer … to give any third party, for a charge no more than your cost of physically performing source distribution, a complete
Load more

Recommended publications
  • IBM Websphere Studio Application Developer for Windows, Version 4.0 Helps Java Developers to Build, Test, and Deploy J2EE-Based E-Business Applications
    Software Announcement November 6, 2001 IBM WebSphere Studio Application Developer for Windows, Version 4.0 Helps Java Developers To Build, Test, and Deploy J2EE-based e-business Applications Overview flexible source control management, pluggable At a Glance Introducing IBM′s premier Java repositories, as well as adapters development environment for for Concurrent Versioning System WebSphere Studio Application professional developers, the first (CVS) and for Rational ClearCase Developer for Windows, V4.0 product in the WebSphere Studio LT (CCLT) (Application Developer) provides product suite, WebSphere Studio • A comprehensive visual XML an advanced development Application Developer for development environment, environment for J2EE application Windows , V4.0 (Application including components for building development. Developer). DTDs, XML Schemas, XML files, and XSL style sheets Application Developer offers the Application Developer is built on the • Built-in WebSphere test following key functions: WebSphere Studio Workbench, an environment • integrated platform designed to A powerful Java development provide a common set of services Application Developer is next environment, that includes and frameworks unparalleled generation technology for support for JDK 1.3, a development tool integration and VisualAge for Java Enterprise configurable runtime, tool construction. Edition. It combines many popular incremental compilation, features of VisualAge for Java scrapbook, dynamic debugging, Application Developer includes the Enterprise Edition and WebSphere and a Java text editor • following functions: Studio Advanced Edition integrated Advanced Web, Java, and XML development environments • on top of WebSphere Studio An advanced development Workbench. designed to J2SE and J2EE environment for J2EE application specifications development that meets J2SE and Application Developer is focused on • A Relational Schema Center J2EE specifications and EJB optimizing J2EE application (RSC) focused on relational development and deployment and development.
    [Show full text]
  • 50109195.Pdf
    UNIVERSIDAD DE EL SALVADOR FACULTAD MULTIDISCIPLINARIA ORIENTAL DEPARTAMENTO DE INGENIERÍA Y ARQUITECTURA TRABAJO DE GRADO: IMPACTO DEL SOFTWARE LIBRE EN LAS INSTITUCIONES DE EDUCACIÓN MEDIA DEL MUNICIPIO DE SAN MIGUEL DURANTE EL AÑO 2019 Y CREACIÓN DE PLATAFORMA VIRTUAL PARA EL REGISTRO DE DICHA INFORMACIÓN. PARA OPTAR AL TÍTULO DE: INGENIERO DE SISTEMAS INFORMÁTICOS PRESENTADO POR: EVER FERNANDO ARGUETA CONTRERAS. ROBERTO CARLOS CÁRDENAS RAMÍREZ. GERSON ALEXANDER SANDOVAL GUERRERO. DOCENTE ASESOR: INGENIERO LUIS JOVANNI AGUILAR CIUDAD UNIVERSITARIA ORIENTAL, 11 DE SEPTIEMBRE DE 2020 SAN MIGUEL, EL SALVADOR, CENTRO AMÉRICA UNIVERSIDAD DE EL SALVADOR AUTORIDADES Msc. ROGER ARMANDO ARIAS RECTOR PhD. RAÚL ERNESTO AZCÚNAGA LÓPEZ VICERECTOR ACADÉMICO INGENIERO JUAN ROSA QUINTANILLA VICERECTOR ADMINISTRATIVO INGENIERO FRANCISCO ALARCÓN SECRETARIO GENERAL LICENCIADO RAFAEL HUMBERTO PEÑA MARÍN FISCAL GENERAL LICENCIADO LUIS ANTONIO MEJÍA LIPE DEFENSOR DE LOS DERECHOS UNIVERSITARIOS FACULTAD MULTIDISCIPLINARIA ORIENTAL AUTORIDADES LICENCIADO CRISTÓBAL HERNÁN RÍOS BENÍTEZ DECANO LICENCIADO OSCAR VILLALOBOS VICEDECANO LICENCIADO ISRRAEL LÓPEZ MIRANDA SECRETARIO INTERINO LICENCIADO JORGE PASTOR FUENTES CABRERA DIRECTOR GENERAL DE PROCESOS DE GRADUACIÓN DEPARTAMENTO DE INGENIERIA Y ARQUITECTURA AUTORIDADES INGENIERO JUAN ANTONIO GRANILLO COREAS. JEFE DEL DEPARTAMENTO. INGENIERA LIGIA ASTRID HERNANDEZ BONILLA COORDINADORA DE LA CARRERA DE INGENIERIA EN SISTEMAS INFORMATICOS INGENIERA MILAGRO DE MARÍA ROMERO DE GARCÍA COORDINADORA DE PROCESOS DE GRADUACIÓN TRIBUNAL EVALUADOR INGENIERO LUIS JOVANNI AGUILAR JURADO ASESOR INGENIERO LUDWIN ALDUVÍ HERNÁNDEZ VÁSQUEZ DOCENTE JURADO CALIFICADOR INGENIERA LIGIA ASTRID HERNANDEZ BONILLA DOCENTE JURADO CALIFICADOR AGRADECIMIENTOS A DIOS: Por darme la oportunidad de vivir y por haberme dado la sabiduría para poder culminar mis estudios y por fortalecer mi corazón e iluminar mi mente, por haber puesto en mi camino a aquellas personas que han sido mi soporte y compañía durante todo el periodo de estudio.
    [Show full text]
  • An Introduction to Linux and Open Source
    IBM Systems and Technology Group An Introduction to Linux and Open Source Jim Elliott Consulting Sales Specialist – System z Product Manager – System z Operating Systems IBM Canada Ltd. 1 SHARE 109 - Session 9200 2007-08-13 © 2007 IBM Corporation IBM Systems and Technology Group 9200 – An Introduction to Linux and Open Source Linux and Open Source continue to see substantial growth around the world This session will provide an overview of Open Source and an introduction to Linux (including concepts and terminology) Jim will also provide an overview of Novell's SUSE Linux Enterprise (SLE) 10 and Red Hat Enterprise Linux (RHEL) 5 2 SHARE 109 - Session 9200 2007-08-13 IBM Systems and Technology Group Topics Introduction to Open Source Introduction to Linux Novell SUSE Linux Enterprise 10 Red Hat Enterprise Linux 5 Linux and Open Source on the Web at IBM 3 SHARE 109 - Session 9200 2007-08-13 IBM Systems and Technology Group Linux user presentations on Wednesday All sessions on the 3rd floor, Ford A&B Session Speaker Title 9215 Marcy Cortes – Penguins Board the Stagecoach 1:30pm Wells Fargo for the Linux Frontier: A User Experience with Linux on zSeries 9230 Alain Leclerc – How to Rise Above the Challenges 3:00pm CSPQ and of Deploying z/VM and Linux on David Kreuter – the Mainframe and Thrive VM Resources 9231 Alain Leclerc – Building a Strong z/VM and Linux 4:30pm CSPQ and Architecture on the Mainframe David Kreuter – VM Resources 4 SHARE 109 - Session 9200 2007-08-13 IBM Systems and Technology Group Linux user presentations on Thursday
    [Show full text]
  • Introducing... the IBM Toolbox for Javatm
    Session Number: 403552 Introducing... The IBM Toolbox for Java TM Jeff Lee ([email protected]) © 2010 IBM Corporation IBM Power Systems IBM Toolbox for Java™ What is the Toolbox/JTOpen? A set of Java classes and utilities which provide access to IBM i® data and resources class { Integer id; String name; String address; BigDecimal balance; String ccnumber; String expdate; } 2 © 2010 IBM Corporation 1 IBM Power Systems IBM Toolbox for Java The big picture - Client/Server Your Java TM program IBM Toolbox for Java Java Virtual Machine TCP/IP IBM i Access for Windows is not required! TCP/IP IBM i Host Servers *PGM IFS IBM i data and resources DB2/400 *CMD 3 © 2010 IBM Corporation IBM Power Systems IBM Toolbox for Java The big picture - Toolbox and data on same IBM i Your JavaTM program IBM Toolbox for Java TCP/IP JNI IBM i Host Servers IFS *PGM IBM i data and resources DB2/400 *CMD 4 © 2010 IBM Corporation 2 IBM Power Systems IBM Toolbox for Java Using the Toolbox in client/server applications • Toolbox installed on client • Java application runs on client • IBM i Access for Windows is not required • The same Java application runs on any client with a Java-compatible JVM! TCP/IP • Server running IBM i • Uses existing IBM i host servers • IBM i Java Virtual Machine (JVM) is not required on the server 5 © 2010 IBM Corporation IBM Power Systems IBM Toolbox for Java Using the Toolbox in server applications • Toolbox installed on IBM i • Java application runs on IBM i • Use Toolbox instead of JNI • "Local" sockets used to communicate between Toolbox
    [Show full text]
  • 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?
    [Show full text]
  • Elements of Free and Open Source Licenses: Features That Define Strategy
    Elements Of Free And Open Source Licenses: Features That Define Strategy CAN: Use/reproduce: Ability to use, copy / reproduce the work freely in unlimited quantities Distribute: Ability to distribute the work to third parties freely, in unlimited quantities Modify/merge: Ability to modify / combine the work with others and create derivatives Sublicense: Ability to license the work, including possible modifications (without changing the license if it is copyleft or share alike) Commercial use: Ability to make use of the work for commercial purpose or to license it for a fee Use patents: Rights to practice patent claims of the software owner and of the contributors to the code, in so far these rights are necessary to make full use of the software Place warranty: Ability to place additional warranty, services or rights on the software licensed (without holding the software owner and other contributors liable for it) MUST: Incl. Copyright: Describes whether the original copyright and attribution marks must be retained Royalty free: In case a fee (i.e. contribution, lump sum) is requested from recipients, it cannot be royalties (depending on the use) State changes: Source code modifications (author, why, beginning, end) must be documented Disclose source: The source code must be publicly available Copyleft/Share alike: In case of (re-) distribution of the work or its derivatives, the same license must be used/granted: no re-licensing. Lesser copyleft: While the work itself is copyleft, derivatives produced by the normal use of the work are not and could be covered by any other license SaaS/network: Distribution includes providing access to the work (to its functionalities) through a network, online, from the cloud, as a service Include license: Include the full text of the license in the modified software.
    [Show full text]
  • Extensions Vs
    Confidential Information Notice Copyright 2012. All Rights Reserved. Any unauthorized reproduction of this document is prohibited. This document and the information it contains constitute a trade secret of Magento and may not be reproduced or disclosed to non-authorized users without the prior written permission from Magento. Permitted reproductions, in whole or in part, shall bear this notice. Table of Contents Preface ....................................................................................................................... 1 About This Document ...................................................................................................... 1 Updates, Comments, and Suggestions ........................................................................... 1 Disclaimer ........................................................................................................................ 1 Section 1: Introduction .......................................................................................... 2 What is Magento Connect? ............................................................................................. 2 Community Extensions vs. Commercial Extensions ....................................................... 2 Version Compatibility ....................................................................................................... 2 Section 2: How to Package & Publish Your Extension ........................................ 3 Step One: Package Your Extension ...............................................................................
    [Show full text]
  • Working with the Linux Community
    Working with the Linux Community A Guest Lecture for CS 378 class at the University of Texas at Austin Khoa Huynh, Ph.D. IBM Linux Technology Center Austin, TX Linux Technology Center TopicsTopics Open source software development Open source licences Common risks Working with the Linux community General advices & tips Submitting your work to Linux kernel community Source code control Bug tracking Submitting your work to Linux distributors Linux debug tools Linux Technology Center OpenOpen SourceSource SoftwareSoftware (OSS)(OSS) Freely available software in source code format Often distributed via Internet or CD (e.g., Red Hat) Redistribution cannot be prohibited or royalty imposed Often developed in a collaborative community effort OSS community very sensitive about meaning & use of term "open source" For the current definition, see: http://www.opensource.org/osd/ Not "Public Domain" Copyright law gives author rights author determines appropriate uses of a work e.g. you can't reproduce or modify a work without author's permission author may grant permission via a license which can impose obligations Linux Technology Center OpenOpen SourceSource LicensesLicenses There are many open source licenses e.g. GPL, LGPL, CPL, IPL, BSD, Apache, etc. Some common features Governs use, modification and distribution of code Grant of rights (e.g. modification, redistribution, etc.) Obligations (e.g. attribution, redistribution, etc.) Different licenses have different objectives GPL = "General Public License" LGPL = "Lesser/Library Public License" CPL/IPL
    [Show full text]
  • Course 2: «Open Source Software (OSS) Engineering Data»
    Course 2: «Open Source Software (OSS) Engineering Data». 1st Day: Metrics and Tools for Software Engineering in Open Source Software 1. Open Software / Hardware Technologies: Introduction to Open Source Software and related technologies. 2. Software Engineering FLOSS: Free Libre Open Source Software in Software Engineering. 3. Metrics for Open Source Software: product and project metrics and related tooling. 2nd Day: Research based on Open Source Software Data 4. Facilitating Metric for White-Box Reuse: we will discuss a metric derived from the analysis of Open Source Project which facilitates the white-box reuse (reuse based on the source code analysis). 5. Extracting components from Open-Source: The Component Adaptation Environment Approach (COPE): we will discuss the results of the OPEN-SME EU Research Project and in particular the COPE tool for extracting reusable components from Open Source Software. 6. Software Engineering Research based on Open Source Software Data: Data, A recent example: we will discuss a recent study of open source repository mailing lists for deriving implications for the evolution of an open source project. 7. Improving Component Coupling Information with Dynamic Profiling: we will discuss how dynamic profiling of an open source program can contribute towards its comprehension. In various points during the lectures students will be asked to carry out activities. Open Software / Hardware Technologies Ioannis Stamelos, Professor Nikolaos Konofaos, Associate Professor School of Informatics Aristotle University of Thessaloniki George Kakarontzas, Assistant Professor University of Thessaly 2018-2019 1 F/OSS - FLOSS Definition ● The traditional SW development model asks for a “closed member” team that develops proprietary source code.
    [Show full text]
  • Open Source Issues and Opportunities (Powerpoint Slides)
    © Practising Law Institute INTELLECTUAL PROPERTY Course Handbook Series Number G-1307 Advanced Licensing Agreements 2017 Volume One Co-Chairs Marcelo Halpern Ira Jay Levy Joseph Yang To order this book, call (800) 260-4PLI or fax us at (800) 321-0093. Ask our Customer Service Department for PLI Order Number 185480, Dept. BAV5. Practising Law Institute 1177 Avenue of the Americas New York, New York 10036 © Practising Law Institute 24 Open Source Issues and Opportunities (PowerPoint slides) David G. Rickerby Boston Technology Law, PLLC If you find this article helpful, you can learn more about the subject by going to www.pli.edu to view the on demand program or segment for which it was written. 2-315 © Practising Law Institute 2-316 © Practising Law Institute Open Source Issues and Opportunities Practicing Law Institute Advanced Licensing Agreements 2017 May 12th 2017 10:45 AM - 12:15 PM David G. Rickerby 2-317 © Practising Law Institute Overview z Introduction to Open Source z Enforced Sharing z Managing Open Source 2-318 © Practising Law Institute “Open” “Source” – “Source” “Open” licensing software Any to available the source makes model that etc. modify, distribute, copy, What is Open Source? What is z 2-319 © Practising Law Institute The human readable version of the code. version The human readable and logic. interfaces, secrets, Exposes trade What is Source Code? z z 2-320 © Practising Law Institute As opposed to Object Code… 2-321 © Practising Law Institute ~185 components ~19 different OSS licenses - most reciprocal Open Source is Big Business ANDROID -Apache 2.0 Declared license: 2-322 © Practising Law Institute Many Organizations 2-323 © Practising Law Institute Solving Problems in Many Industries Healthcare Mobile Financial Services Everything Automotive 2-324 © Practising Law Institute So, what’s the big deal? Why isn’t this just like a commercial license? In many ways they are the same: z Both commercial and open source licenses are based on ownership of intellectual property.
    [Show full text]
  • Commercializing Open Source Software: Do Property Rights Still Matter?
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2006 Commercializing Open Source Software: Do Property Rights Still Matter? Ronald J. Mann Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Computer Law Commons, and the Intellectual Property Law Commons Recommended Citation Ronald J. Mann, Commercializing Open Source Software: Do Property Rights Still Matter?, 20 HARV. J. L. & TECH. 1 (2006). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/739 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. HarvardJournal of Law & Technology Volume 20, Number 1 Fall 2006 COMMERCIALIZING OPEN SOURCE SOFTWARE: Do PROPERTY RIGHTS STILL MATTER? Ronald J Mann* TABLE OF CONTENTS I. IN TRO DU CTIO N .................................................................................. 1 11. THE LANDSCAPE .......................................................................... 5 A. The ProprietarySoftware Model .............................................. 5 1. Formation and Maturation of the Proprietary Software Industry ......................................................................... 5 2. Software Licensing Under Proprietary Models .................... 8 3.
    [Show full text]
  • Abstract: Modern Open Source (“OS”) Software Projects Are Increasingly Funded by Commercial Firms That Expect to Earn a Profit from Their Investment
    GSPP10-006 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.
    [Show full text]