Toyota Activities for OSS Compliance

Masato Endo Assistant Manager Connected Vehicle Group Intellectual Property Div. Toyota Motor Corporation

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 1 1.1. Expansion of OSS in the Automotive Sector

Automotive sector Toyota products

In the automotive sector, the number of OSS projects is growing rapidly, and some are already available on the market.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 2 1.2. What is Automotive Grade (AGL)

AGL is a project to develop an operating system for infotainment platforms.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 3 1.3. AGL Members

Ten global OEMs have joined the project. Many automotive industry suppliers and IT companies also contribute to AGL.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 4 1.4. Recent AGL Activities

AGL All Member Meeting Automotive Linux Summit (Feb 8 to Feb 10) (May 31 to June2)

AGL holds many events to foster community engagement. These events include not only discussions of technical issues, but also of legal issues.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 5 1.5. Toyota and AGL (1/5) 2011 Toyota joined the Linux Foundation. 1st ALS: Automotive Linux Summit (Yokohama, Japan)

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 6 1.6. Toyota and AGL (2/5) 2011 2012 2013 2014

Automotive Linux Summit 2014 (Tokyo, Japan)

AGL Steering Committee Meeting: • AGL projects started and funded.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 7 1.7. Toyota and AGL (3/5) 2011 2012 2013 2014 2015

Automotive Linux Summit 2015 (Tokyo, Japan)

AGL Requirements Specification v1.0 released.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 8 1.8. Toyota and AGL (4/5)

Automotive Linux AGL UCB Foundation requirements

Prius PHV/Prime Camry

Toyota

Prototype shown with options. Production model may vary.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 9 1.9. Toyota and AGL (5/5)

Automotive Linux AGL UCB Foundation requirements

Prius PHV/Prime Camry Use our experience to contribute back Toyota to AGL.

Prototype shown with options. Production model may vary.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 10 2. Exercising Legal Care Concerning OSS Risks

Patent Risks Copyright Risks Reputational Risks

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 11 3.1. OSS Patent Risks

Some Linux users have There are over been involved in patent 300,000 infringement cases. Linux-related patents!!

Even if we use open source, we can’t avoid litigation completely. However, understanding all OSS-related patents would be difficult.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 12 3.2. Decreasing Patent Risk through the OIN

PARTICIPANTS +2150 FROM START-UPS TO LARGE CORPORATIONS Board members: Google, IBM, NEC, , , , SUSE, Toyota

PATENTS AND +2.8M APPLICATIONS OWNED BY OIN LICENSEES

All members agree to mutually cross license, exclusively for use in the Linux System, their patents directly related to the functionality described in the OIN Linux System definition.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 13 3.3. Effect of the OIN

Non-OIN OIN members members 183,474 145,720 patents patents

If you join the OIN, you can reduce OS-related patent risk by about 44%!

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 14 3.4. How the OIN Linux System Is Defined

OIN Board members determine what programs are subject to patent neutralization.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 15 3.5. Toyota’s Mission as a Board Member (1) OIN Linux System Definition (Patent non-aggression/cooperation zone) 80%: Common base packages (e.g., ) Already protected 11%: Software engineering (e.g., Perl, Python, PHP) 4%: Enterprise engineering (e.g., JBOSS, Jakarta, OpenShift) 2%: Networking & security (e.g., OpenSSL, OpenVPN) 1%: Web (e.g., Apache web server, Nginx) 1%: Cloud computing (e.g., OpenStack, Qemu, libvirt) 1%: Mobile (e.g., Android, Web OS) Under discussion AGL / IoT / Chrome at the OIN

To reduce AGL patent risks, Toyota is promoting its inclusion in a revised OIN Linux System definition by 2018.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 16 3.6. Toyota’s Mission as a Board Member (2)

Ten OEMs and many suppliers are already members of the OIN, and more OEMs may join it in the near future.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 17 4.1. OSS Copyright Risks in the Supply Chain

Risk of OSS How to getting mixed in Software Software improve supplier software. OSS governance OSS processes? Tier 2 Tier 1 OEM

OSS Updating OSS How to manage Report educational Report Educating all OSS licenses? material is suppliers is hard. difficult. Mixing OSS in the supply chain could lead to facing unknown copyright risks. A company with a weak OSS governance system could cause a supply chain bottleneck.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 18 4.2. OpenChain Project

Major aspects of the project: Specification Self-Certification Curriculum

Platinum members: Qualcomm, Siemens, Harman, Wind River, Adobe, ARM, HPE, Cisco, GitHub, Western Digital, Toyota, Hitachi, Sony, Comcast

• OpenChain is a Linux Foundation project that aims to create and distribute standards for OSS compliance. • Toyota is both the first automaker and first Japanese company to become an OpenChain platinum member.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 19 4.3. Pros of OpenChain for the Supply Chain

We’d like to follow the OpenChain OpenChain OpenChain Specification specification to set up Software Curriculum Software our OSS governance structure. OSS OSS Tier 2 Tier 1 OEM OSS OSS Report Let’s use Report Let’s promote OpenChain Follow the OpenChain materials for in- OpenChain standard conformance! house education! to manage OSS.

OpenChain materials will provide strong OSS governance throughout the whole supply chain!

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 20 4.4. Message from Shane Coughlan!!

Shane Coughlan OpenChain Project Director

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 21 5.1. Reputational Risks of OSS

-Free ride -Self-centered interpretation of license -Unilateral license change

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 22 5.2. Solving Complicated Copyright Issues

OSS troll Compatibility Find solutions with Source the community! Patent code disclosure disclosure

It is very difficult for a single company or attorney to solve OSS copyright issues. They can only be solved in collaboration with the community.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 23 5.3. Promoting the Importance of OSS Compliance (1)

- 24th April - 31st May AUTOSAR meeting in Brussels Automotive Linux Summit in Tokyo Presentation by Masato Endo Presentation by Kenichi Murata

We gave presentations to promote decreasing OSS patent risks in the automotive industries.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 24 5.4. Promoting the Importance of OSS Compliance (2)

- 16th June - 17th and 19th October Asian Legal Network Round Table in Tokyo Fifth Annual DLA Piper Global Intellectual Panel Discussion by Property Symposium in Tokyo and Nagoya David Kappos (Former USPTO Director), Keith Bergelt(OIN CEO), Presentation by Masato Endo Shane Coughlan(Open Chain Director), Takahiro Nonaka(DLA Piper) and Masato Endo(Toyota)

We joined panels to promote the OSS culture and OSS compliance in the Japanese IP industries.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 25 5.5. Ensuring the Safety of AGL

To decrease patent risks To decrease copyright risks - Increase the number of OIN members - Hold discussions with the AGL community - Update the OIN Linux System Definition - Use OpenChain to strengthen the supply chain Hybrid strategy! ×

We strive to work with the community to decrease AGL IP risks for customers and developers.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 26 Thank you!

[email protected]

Profile: Masato Endo is Assistant Manager of the Connected Car Technology-related IP group in the Toyota IP Division. He is engaged in the planning and implementation of the IP strategy for the Toyota Connected Company. He focuses mainly on building the OSS governance structure within Toyota and developing relationships with the OSS community, through projects such as Automotive Grade Linux and the . Recently, he began to work with the OpenChain Project as the primary Toyota representative. He has experience in giving presentations at OSS or IP events facilitated by the Asian Legal Network and DLA Piper.

Nov. 16, 2017, Open Compliance Summit © 2017 Toyota Motor Corporation 27