UNDERSTANDING and ENFORCING OPEN SOURCE and FREE SOFTWARE LICENSES by Bran W
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Practice Tips for Open Source Licensing Adam Kubelka
Santa Clara High Technology Law Journal Volume 22 | Issue 4 Article 4 2006 No Free Beer - Practice Tips for Open Source Licensing Adam Kubelka Matthew aF wcett Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation Adam Kubelka and Matthew Fawcett, No Free Beer - Practice Tips for Open Source Licensing, 22 Santa Clara High Tech. L.J. 797 (2005). Available at: http://digitalcommons.law.scu.edu/chtlj/vol22/iss4/4 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. ARTICLE NO FREE BEER - PRACTICE TIPS FOR OPEN SOURCE LICENSING Adam Kubelkat Matthew Fawcetttt I. INTRODUCTION Open source software is big business. According to research conducted by Optaros, Inc., and InformationWeek magazine, 87 percent of the 512 companies surveyed use open source software, with companies earning over $1 billion in annual revenue saving an average of $3.3 million by using open source software in 2004.1 Open source is not just staying in computer rooms either-it is increasingly grabbing intellectual property headlines and entering mainstream news on issues like the following: i. A $5 billion dollar legal dispute between SCO Group Inc. (SCO) and International Business Machines Corp. t Adam Kubelka is Corporate Counsel at JDS Uniphase Corporation, where he advises the company on matters related to the commercialization of its products. -
FY 2011 Annual Report
We're software roadies. Software Freedom Conservancy is a public charity that acts as a non-profit home for dozens of Free, Libre, and Open Source Software (FLOSS) projects. Conservancy©s charitable mission is to help improve, develop, and defend FLOSS, and we do that by providing business, legal, and administrative services to our member projects. We have the honor of working with member projects comprised of, in our humble opinion, many of the best software developers in the world. Some of our member projects develop system software so ubiquitous that it permeates virtually every part of our society©s electronics-driven lifestyle. Other member projects are redefining how software will be written and even how computer science will be taught to the next generation of developers. Still others find their niche by solving a small-but- persistent problem better than anyone else ± and attract a cult following of users because of it. And, best of all, all of our member projects release their software under a license that allows the public to study, use, improve, and share the source code. Conservancy provides all of our ªrock starº member projects with a comprehensive suite of services, and then we get out of their way to let them do what they do best: write great software for the public©s benefit. Our structure. Conservancy acts as a fiscal sponsor to our member projects. We©ve engaged the leadership of each member project©s developer community and executed a fiscal sponsorship agreement that allows us to adopt that project as an official part of Conservancy©s corporate structure. -
Linux Journal | August 2014 | Issue
™ SPONSORED BY Since 1994: The Original Magazine of the Linux Community AUGUST 2014 | ISSUE 244 | www.linuxjournal.com PROGRAMMING HOW-TO: + OpenGL Build, Develop Programming and Validate Creation of RPMs USE VAGRANT Sysadmin Cloud for an Easier Troubleshooting Development with dhclient Workflow Tips for PROMISE Becoming a THEORY Web Developer An In-Depth A Rundown Look of Linux for Recreation V WATCH: ISSUE OVERVIEW LJ244-Aug2014.indd 1 7/23/14 6:56 PM Get the automation platform that makes it easy to: Build Infrastructure Deploy Applications Manage In your data center or in the cloud. getchef.com LJ244-Aug2014.indd 2 7/23/14 11:41 AM Are you tiredtiered of of dealing dealing with with proprietary proprietary storage? storage? ® 9%2Ä4MHÆDCÄ2SNQ@FD ZFS Unified Storage zStax StorCore from Silicon - From modest data storage needs to a multi-tiered production storage environment, zStax StorCore zStax StorCore 64 zStax StorCore 104 The zStax StorCore 64 utilizes the latest in The zStax StorCore 104 is the flagship of the dual-processor Intel® Xeon® platforms and fast zStax product line. With its highly available SAS SSDs for caching. The zStax StorCore 64 configurations and scalable architecture, the platform is perfect for: zStax StorCore 104 platform is ideal for: VPDOOPHGLXPRIILFHILOHVHUYHUV EDFNHQGVWRUDJHIRUYLUWXDOL]HGHQYLURQPHQWV VWUHDPLQJYLGHRKRVWV PLVVLRQFULWLFDOGDWDEDVHDSSOLFDWLRQV VPDOOGDWDDUFKLYHV DOZD\VDYDLODEOHDFWLYHDUFKLYHV TalkTalk with with an anexpert expert today: today: 866-352-1173 866-352-1173 - http://www.siliconmechanics.com/zstax LJ244-Aug2014.indd 3 7/23/14 11:41 AM AUGUST 2014 CONTENTS ISSUE 244 PROGRAMMING FEATURES 64 Vagrant 74 An Introduction to How to use Vagrant to create a OpenGL Programming much easier development workflow. -
Migration System for Zoe Microservices
Computer Science Department BACHELOR THESIS Migration system for Zoe microservices Author: Rafael Medina García Supervisor: David Expósito Singh Madrid, June 2016 Copyright ©2016. Rafael Medina García This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-sa/4.0/. Esta obra está sujeta a la licencia Reconocimiento-NoComercial-CompartirIgual 4.0 Internacional de Creative Commons. Para ver una copia de esta licencia, visite http://creativecommons.org/licenses/by-nc-sa/4.0/. i Título: Migration system for Zoe microservices Autor: Rafael Medina García Tutor: David Expósito Singh EL TRIBUNAL Presidente: José Manuel Sánchez Pena Secretario: Pedro Peris López Vocal: María Paula de Toledo Heras Realizado el acto de defensa y lectura del Trabajo Fin de Grado el día 7 de julio de 2016 en Leganés, en la Escuela Politécnica Superior de la Universidad Carlos III de Madrid, acuerda otorgarle la CALIFICACIÓN de: VOCAL SECRETARIO PRESIDENTE ii Agradecimientos Agradezco: A mis padres y hermano, por vuestro apoyo, siempre; a Dorito-senpai y sus increíbles amigos: Jaime y Nacho; a Adrián, por esas interminables tardes trabajando en el despacho; al Grupo de Usuarios de Linux de la Universidad Carlos III de Madrid, verdaderamente habéis hecho que aproveche mi tiempo en la universidad; a David Expósito. iv "Ryuu ga waga teki wo kurau" Hanzo Shimada vi Abstract The Zoe virtual assistant developed by the Linux User Group from Carlos III University is a project that aims to automate various tedious tasks of the association. -
Free and Open Source Software Is Not a “Free for All”: German Court Enforces GPL License Terms
Free and Open Source Software Is Not A “Free For All”: German Court Enforces GPL License Terms The GNU General Public License, computer programs, and to guarantee version 2 (GPLv2) scores another the same rights to the recipients of court victory for the free and/or open works licensed under the GPLv2. source software (FOSS) community. Although the open-source movement The GPLv2 carries important has been active for nearly two conditions, however, most notably— decades, globally there are only and critical for its viability—that any a handful of cases in which a FOSS distribution of software licensed under license has been reviewed by — let the GPLv2 must be accompanied with alone receive the imprimatur of the “complete corresponding machine- enforceability from — a court. The readable source code” or “a written latest case hails from Germany and offer … to give any third party … a serves to underscore the importance complete machine-readable copy of of proper FOSS-license compliance the corresponding source code”. throughout the software development GPLv2, Sections 3(a) and 3(b). process and supply chain, including During a “Hacking for Compliance the obligation of distributors to Workshop” organized in Berlin in 2012 independently verify FOSS-license by the Free Software Foundation compliance representations from their Europe, the source code package for a suppliers. media player with GNU/Linux-based Welte v. Fantec firmware inside was found not to contain the source code for the Harald Welte, founder of gpl- iptables components. It was also violations.org (a non-profit discovered that the source code for organization aiming at the other device components was not the enforcement of GPL license terms), is same version used to compile the the owner of “netfilter/iptables” firmware’s binary code. -
SFLC V Conservancy
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA863914 Filing date: 12/11/2017 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 92066968 Party Defendant Software Freedom Conservancy Correspondence PAMELA S CHESTECK Address CHESTEK LEGAL P O BOX 2492 RALEIGH, NC 27602 UNITED STATES Email: [email protected] Submission Motion for Summary Judgment Yes, the Filer previously made its initial disclosures pursuant to Trademark Rule 2.120(a); OR the motion for summary judgment is based on claim or issue pre- clusion, or lack of jurisdiction. The deadline for pretrial disclosures for the first testimony period as originally set or reset: 07/20/2018 Filer's Name Pamela S Chestek Filer's email [email protected] Signature /Pamela S Chestek/ Date 12/11/2017 Attachments Motion for SJ on affirmative defenses-signed.pdf(756280 bytes ) Kuhn-Declara- tion_summary-judgment_as-submitted_reduced-size-signed.pdf(2181238 bytes ) Sandler-declara- tion_summary-judgment_as-submitted-reduced-size-signed.pdf(1777273 bytes ) Chestek declaration_summary-judgment-signed-with-exhibits.pdf(2003142 bytes ) IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the Mater of Registraion No. 4212971 Mark: SOFTWARE FREEDOM CONSERVANCY Registraion date: September 25, 2012 Sotware Freedom Law Center Peiioner, v. Cancellaion No. 92066968 Sotware Freedom Conservancy Registrant. RESPONDENT’S MOTION FOR SUMMARY JUDGMENT ON ITS AFFIRMATIVE DEFENSES Introducion The Peiioner, Sotware Freedom Law Center (“SFLC”), is a provider of legal services. It had the idea to create an independent enity that would ofer inancial and administraive services for free and open source sotware projects. -
Classification of Computer Software for Legal Protection: International Perspectivest
RAYMOND T. NIMMER* PATRICIA KRAUTHAUS** ARTICLES Classification of Computer Software for Legal Protection: International Perspectivest Computer and software technology are international industries in the full sense of the term. United States and foreign companies compete not only in U.S. markets, but also in the international marketplace. These are new industries created during an era in which all major areas of commerce have obviously international, rather than purely domestic frameworks. The technology industries are viewed as central to national economic development in many countries. However, the technology and products are internationally mobile. They entail an information base that can be recreated in many countries, and is not closely confined by local resources. International protection in this context is highly dependent on reciprocal and coordinated legal constraints. The computer industry deals in new and unique products that have no clear antecedents. Defining the character of international legal protection entails not merely defining a framework for protection of particular products, but also developing frameworks of international technology transfer, information flow, and the like. International patterns of legal protection and classification of computer software serve as a case study of legal policy adaptations to new technologies; undoubtedly, in this era of high technology many more such adaptations will be necessary. In this article, we review the developing patterns of international legal protection for software. This review documents a marked differentiation of technology protection themes. In technologically advanced countries, *Professor of Law, University of Houston, Houston, Texas. **Attorney at Law, Houston, Texas. tThe Editorial Reviewer for this article is Larry D. Johnson. 734 THE INTERNATIONAL LAWYER national decisions about software protection reflect an emerging consen- sus that supports copyright as the primary form of product and technology protection. -
Android (Operating System) 1 Android (Operating System)
Android (operating system) 1 Android (operating system) Android Home screen displayed by Samsung Nexus S with Google running Android 2.3 "Gingerbread" Company / developer Google Inc., Open Handset Alliance [1] Programmed in C (core), C++ (some third-party libraries), Java (UI) Working state Current [2] Source model Free and open source software (3.0 is currently in closed development) Initial release 21 October 2008 Latest stable release Tablets: [3] 3.0.1 (Honeycomb) Phones: [3] 2.3.3 (Gingerbread) / 24 February 2011 [4] Supported platforms ARM, MIPS, Power, x86 Kernel type Monolithic, modified Linux kernel Default user interface Graphical [5] License Apache 2.0, Linux kernel patches are under GPL v2 Official website [www.android.com www.android.com] Android is a software stack for mobile devices that includes an operating system, middleware and key applications.[6] [7] Google Inc. purchased the initial developer of the software, Android Inc., in 2005.[8] Android's mobile operating system is based on a modified version of the Linux kernel. Google and other members of the Open Handset Alliance collaborated on Android's development and release.[9] [10] The Android Open Source Project (AOSP) is tasked with the maintenance and further development of Android.[11] The Android operating system is the world's best-selling Smartphone platform.[12] [13] Android has a large community of developers writing applications ("apps") that extend the functionality of the devices. There are currently over 150,000 apps available for Android.[14] [15] Android Market is the online app store run by Google, though apps can also be downloaded from third-party sites. -
Open Source Software Notice
OPEN SOURCE SOFTWARE NOTICE DCS Touch Display Software V2.00.XXX Schüco International KG Karolinenstraße 1-15 33609 Bielefeld OPEN SOURCE SOFTWARE NOTICE Seite 1 von 32 10000507685_02_EN OPEN SOURCE SOFTWARE NOTICE This document contains information about open source software for this product. The rights granted under open source software licenses are granted by the respective right holders. In the event of conflicts between SCHÜCO’S license conditions and the applicable open source licenses, the open source license conditions take precedence over SCHÜCO’S license conditions with regard to the respective open source software. You are allowed to modify SCHÜCO’S proprietary programs and to conduct reverse engineering for the purpose of debugging such modifications, to the extent such programs are linked to libraries licensed under the GNU Lesser General Public License. You are not allowed to distribute information resulting from such reverse engineering or to distribute the modified proprietary programs. The rightholders of the open source software require to refer to the following disclaimer, which shall apply with regard to those rightholders: Warranty Disclaimer THE OPEN SOURCE SOFTWARE IN THIS PRODUCT IS DISTRIBUTED ON AN "AS IS" BASIS AND IN THE HOPE THAT IT WILL BE USEFUL, BUT WITHOUT ANY WARRANTY OF ANY KIND, WITHOUT EVEN THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SEE THE APPLICABLE LICENSES FOR MORE DETAILS. OPEN SOURCE SOFTWARE NOTICE Seite 2 von 32 10000507685_02_EN Copyright Notices and License Texts (please see the source code for all details) Software: iptables Copyright notice: Copyright (C) 1989, 1991 Free Software Foundation, Inc. Copyright Google, Inc. -
Copyleft, -Right and the Case Law on Apis on Both Sides of the Atlantic 5
Less may be more: copyleft, -right and the case law on APIs on both sides of the Atlantic 5 Less may be more: copyleft, -right and the case law on APIs on both sides of the Atlantic Walter H. van Holst Senior IT-legal consultant at Mitopics, The Netherlands (with thanks to the whole of the FTF-legal mailinglist for contributing information and cases that were essential for this article) DOI: 10.5033/ifosslr.v5i1.72 Abstract Like any relatively young area of law, copyright on software is surrounded by some legal uncertainty. Even more so in the context of copyleft open source licenses, since these licenses in some respects aim for goals that are the opposite of 'regular' software copyright law. This article provides an analysis of the reciprocal effect of the GPL- family of copyleft software licenses (the GPL, LGPL and the AGPL) from a mostly copyright perspective as well as an analysis of the extent to which the SAS/WPL case affects this family of copyleft software licenses. In this article the extent to which the GPL and AGPL reciprocity clauses have a wider effect than those of the LGPL is questioned, while both the SAS/WPL jurisprudence and the Oracle vs Google case seem to affirm the LGPL's “dynamic linking” criterium. The net result is that the GPL may not be able to be more copyleft than the LGPL. Keywords Law; information technology; Free and Open Source Software; case law; copyleft, copyright; reciprocity effect; exhaustion; derivation; compilation International Free and Open Source Software Law Review Vol. -
Christian Grothoff
Curriculum Vitae Christian Grothoff February 19, 2021 Contents 1 General Information2 1.1 Contact..............................2 1.2 Brief Biography..........................2 1.3 Education and Employment History..............2 1.4 Honors and Awards.......................3 1.5 Professional Associations.....................3 2 Research3 2.1 Publications............................3 2.2 Software Systems......................... 12 2.3 Talks and Panels......................... 14 2.4 Funding.............................. 18 3 Teaching 21 3.1 Teaching at the University of Denver.............. 21 3.2 Teaching at Technische Universit¨atM¨unchen......... 21 3.3 Teaching at BFH......................... 21 3.4 Theses supervision........................ 22 1 Christian Grothoff 2 1 General Information 1.1 Contact Bern University of Applied Sciences [email protected] Room N.474 http://grothoff.org/christian/ H¨oheweg 80 Phone (priv): +41-786926894 CH-2502 Biel-Bienne Phone (work): +41-323216488 Born February 28, 1977 in Germany. Citizen of Germany. 1.2 Brief Biography Christian Grothoff is a professor for computer network security at the Bern University of Applied Sciences, researching future Internet architectures. His research interests include compilers, programming languages, software engineering, networking, security and privacy. Previously, he was on the faculty of the Technische Universit¨atM¨unchen leading an Emmy-Noether research group in the area of computer net- works. He earned his PhD in computer science from UCLA, an M.S. in computer science from Purdue University, and both a Diplom II in mathe- matics and the first Staatsexamen in chemistry from the Bergische Univer- sit¨atGesamthochschule (BUGH) Wuppertal. 1.3 Education and Employment History 1996{2000 Diplom II (≈ M.S) in mathematics at BUGH Wuppertal 1996{2001 1. -
2012 Winners List
® 2012 Winners List Category 1: American-Style Wheat Beer, 23 Entries Category 29: Baltic-Style Porter, 28 Entries Gold: Wagon Box Wheat, Black Tooth Brewing Co., Sheridan, WY Gold: Baltic Gnome Porter, Rock Bottom Denver, Denver, CO Silver: 1919 choc beer, choc Beer Co., Krebs, OK Silver: Battle Axe Baltic Porter, Fat Heads Brewery, North Olmsted, OH Bronze: DD Blonde, Hop Valley Brewing Co., Springfield, OR Bronze: Dan - My Turn Series, Lakefront Brewery, Milwaukee, WI Category 2: American-Style Wheat Beer With Yeast, 28 Entries Category 30: European-Style Low-Alcohol Lager/German-Style, 18 Entries Gold: Whitetail Wheat, Montana Brewing Co., Billings, MT Silver: Beck’s Premier Light, Brauerei Beck & Co., Bremen, Germany Silver: Miners Gold, Lewis & Clark Brewing Co., Helena, MT Bronze: Hochdorfer Hopfen-Leicht, Hochdorfer Kronenbrauerei Otto Haizmann, Nagold-Hochdorf, Germany Bronze: Leavenworth Boulder Bend Dunkelweizen, Fish Brewing Co., Olympia, WA Category 31: German-Style Pilsener, 74 Entries Category 3: Fruit Beer, 41 Entries Gold: Brio, Olgerdin Egill Skallagrimsson, Reykjavik, Iceland Gold: Eat A Peach, Rocky Mountain Brewery, Colorado Springs, CO Silver: Schönramer Pils, Private Landbrauerei Schönram, Schönram, Germany Silver: Da Yoopers, Rocky Mountain Brewery, Colorado Springs, CO Bronze: Baumgartner Pils, Brauerei Jos. Baumgartner, Schaerding, Austria Bronze: Blushing Monk, Founders Brewing Co., Grand Rapids, MI Category 32: Bohemian-Style Pilsener, 62 Entries Category 4: Fruit Wheat Beer, 28 Entries Gold: Starobrno Ležák,