Volume 02} Issue 01} June 2010 Contents Articles Licence Profi le: BSD 1 Andrew Sinclair GNU GPL 2.0 and 3.0: obligations to include license text, and provide source code 7 Neil Brown Copyright in Open Source Software - Understanding the Boundaries 15 Omar Johnny, Marc Miller, Mark Webbink Package Review as a Part of Free and Open Source Software Compliance 39 Martin von Willebrand, Mikko-Pekka Partanen Case law reports Italian Constitutional Court gives way to Free-Software friendly laws 61 Carlo Piana Book reviews Butterworths e-commerce and IT Law Handbook, 5th Edition 67 Daniel Hopkin Moral Panics and the Copyright Wars 69 Andrew Katz Platform Lawyers in the Bazaar: Challenges and Opportunities for Open Source Legal 77 Communities Luis Villa Consensus-Oriented Specifi cation System 85 Pieter Hintjens Call for Papers 100 Available online at: http://www.ifosslr.org Volume 02} Issue 01} June 2010 About IFOSS L. Rev. Editorial Committee This publication is managed by a rotating Editorial Committee. Ywein Van den Brande Ywein Van den Brande (b. 1977) studied law, information science and economics The membership of the Committee for this issue is as follows: at the Catholic University of Leuven and Groep T (Leuven, Belgium), the Université de Rouen (Rouen, France) and U.C.L.A. (Los Angeles, USA). Ywein is an active Malcolm Bain member of the Free Software Foundation Europe and is a member of workgroups Malcolm is partner at id law partners, a Barcelona based law firm specialising in on information architecture and usability. Ywein is the author of several legal contri- IT law, with a focus on FOSS projects. As well as his private practice, Malcolm butions on law and technology, and regularly speaks at conferences. He is a guest participates pro bono in a number of FOSS related initiatives and teaches the legal lecturer at Groep T and blogs on the CIF blog of the journal www.tijd.be. aspects of FOSS at university. Martin von Haller Groenbaek Amanda Brock Martin von Haller Groenbaek is a founding partner at the leading Scandinavian IT Amanda Brock is General Counsel of Canonical, the commercial sponsor of the law firm, Bender von Haller Dragsted. Among other thing he specialises in open Ubuntu project. Having graduated with Honours from Glasgow University, Amanda source, open content and open data licences. He is a co-founder of the Danish went on to obtain a Masters in Comparative Jurisprudence from New York Uni- Open Source Vendors Association and of the Danish chapters of the Internet Soci- versity Law School and a LLM in IT and IP law from Queen Mary and Westfield, ety and Creative Commons. His blog is at http://www.openlife.dk . His online CV is University of London. She is author of E:Business; The Practical Guide to the Laws at http://www.linkedin.com/in/vonhaller . and has written extensively on commercial and IT law. Martin von Willebrand Richard Fontana Partner, HH Partners Attorneys-at-law; Chairman, Validos Association, Chairman, Richard Fontana is Open Source Licensing and Patent Counsel at Red Hat, Inc. Finnish IT law Association; Managing Director, Inventors Factory Association. Martin Before joining Red Hat, Fontana was Counsel at the Software Freedom Law Center. is a Finnish technology lawyer with particular specialisation in the areas of copy- Fontana is admitted to practice law in the State of New York. right, licensing and open source. He has authored and co-authored books on legal aspects of e-commerce, and has introduced collaborative models for delivering legal and other services. Michel Jaccard Michel Is a partner in the technology and corporate practice groups of BCCC Avocats, an independent business law firm in Switzerland. He studied and worked Mark Webbink in Lausanne, Geneva and New York, and taught and published extensively on legal Mark Webbink is a Visiting Professor of Law and Executive Director of the Center issues relating to software licensing, information technology / business process for Patent Innovations at New York Law School. Webbink is also a Senior Lecturing outsourcing structures, data protection and online services. He regularly advises Fellow at Duke Law School and has served as an Adjunct Professor at NCCU Law clients in Switzerland and abroad on intellectual property and technology as well as School. From 2000 to 2007 Webbink served in various capacities with Red Hat, Inc., on corporate acquisitions, disposals and collaboration. including General Counsel, Deputy General Counsel for Intellectual Property, Senior Vice President and Secretary. Webbink presently serves on the board of directors of the Software Freedom Law Center. Andrew Katz Andrew Katz studied Natural Sciences and Law at Cambridge University where he graduated with honours in 1989. In 1991 he was called to the Bar, and in 1993 requalified as a solicitor. He moonlighted as a programmer during his studies at Bar Editorial Coordinators School, programming in Turbo Pascal. He has released software under the GPL. He The editors wish to thank the Editorial Coordinators for their hard is currently a partner at Moorcrofts LLP, a boutique law firm in England’s Thames work and contribution to making the Review happen. Valley and advises a wide range of businesses on free and open source related issues. He has lectured and published widely on the subject. Graeme R. West ( [email protected] ) Graeme is a Masters student at the University of Edinburgh law school’s SCRIPT IP Iain G. Mitchell QC and technology law centre, and is a former intern at the Free Software Foundation Europe. His academic background is in political science, in particular the global Chairman, Scottish Society for Computers and Law; Chairman, Scottish Lawyers’ politics of IP. He has also worked in large-scale digital archival projects and web European Group; Chairman, Faculty of Advocates IT Group; Lecturer, Honorary application development. Board of Lecturers, Institut für Informations-, Telekommunikations- und Medienrecht, Westfälische Wilhelms-Universtät, Münster; Freeman, Worshipful Company of Information Technologists. Shane Martin Coughlan ( [email protected] ) Shane’s academic background is in linguistics and politics, and his postgraduate research focused on cybernetic warfare. He founded FSFE’s legal department Carlo Piana in 2006, established the European Legal Network in 2007, and today focuses on Independent lawyer specialising in Information Technology and Telecommunica- improving efficiency in international technology markets. tion Law and Free Software Advocate. Started by using GNU/Linux and became intrigued by the legal and philosophical implications of it. Serves as Counsel to the Free Software Foundation Europe and advises projects and companies active in Peer reviewers Free and Open Source Software. The Editorial Committee wishes to thank the work of the many referees and peer reviewers whose professional expertise and Tomasz Rychlicki dedication to high standards have made the publication of this Tomasz Rychlicki graduated from the University of Gdańsk, the Faculty of Law, Center of European Law. He also studied at Chicago-Kent College of Law in the issue possible. LL.M. Program in International Intellectual Property Law. Tomasz currently works for PATPOL, Warsaw. He is a member of the Editorial Board (Copyright, Related Rights and Designs, including sui generis database right) at the Journal of Intellectual Contact Property Law & Practice published by Oxford University Press, Oxford. All administrative, bibliographic and pre-publication enquiries Brendan Scott should be directed to the Editorial Coordinators via email at: Brendan runs a legal practice based in Sydney, Australia. Brendan is a founding [email protected] member and a director of Open Source Industry Australia Limited. He is a past president of the NSW Society for Computers and the Law and a past editor of its journal. He has over 15 years of experience in Technology and Telecommunications The Editorial Committee can be contacted via email at: law and has a special interest in open source and the law related to it. [email protected] Available online at: http://www.ifosslr.org The Black Duck Legal Webinar Series Watch live and recorded webinars covering basic and advanced topics on open source software issues. www.blackducksoftware.com/legalwebinars Visit to see a list of on-demand webinars and dates for new upcoming topics. www.blackducksoftware.com A Distinct Mission: Keeping Open Source Open Open Invention NetworkSM is a collaborative enterprise Open Invention Network (OIN) has considerable industry backing. that enables innovation in open source and an increasingly It was launched in 2005, and has received investments from IBM, vibrant ecosystem around Linux by acquiring and licensing NEC, Novell, Philips, Red Hat and Sony. patents, influencing behaviors and policy and protecting One of the key methods in which OIN promotes Linux is by acquiring the integrity of the ecosystem through strategic programs patents across a wide range of technologies. such as Linux Defenders. 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