putting open source dynamic languages through the licensing test: a guide to most popular licenses...
DESCRIPTION
Open source software is becoming increasingly pervasive in the enterprise today. It is easily accessible online and included in products without full visibility into the diverse set of licenses that govern its use and redistribution. Often times, development teams are not fully aware how open source impacts the level of intellectual property (IP) and legal risk exposure. There are many developers who bristle at the very use of the term “intellectual property.” The Free Software Foundation (FSF) places it among “Phrases that are Worth Avoiding”. There are effective solutions to minimize the level of legal exposure stemming from open source software and continue to use it to propel innovation, accelerate time to market and gain a competitive advantage. Join Van Lindberg, acclaimed lawyer from Haynes and Boone LLP and author of the popular book Intellectual Property and Open Source and Bart Copeland, President and CEO of ActiveState, the Dynamic Language Experts to: * Understand the distinction between free software and open source software * Learn about the concepts of copyright, patents, copylefts and trademarks * Discover common open source licenses and their implications in enterprise development * Gain practical knowledge on how to protect your code and avoid IP issues * Get insights into effective commercial solutions to minimize legal exposureTRANSCRIPT
Putting Open Source Dynamic Languages
Through the Licensing Test
Van LindbergHaynes and Boone, LLP
June 16, 2010
•Patents
•Copyrights
•Trademarks
•Trade Secrets
Open source licensing(copyright)
Licenses:Free, “Free” and
Open Source
Jacobsen v. Katzer
Licensed cc-by by veggiefrog: http://www.flickr.com/photos/veggiefrog /
Payment of $100,000 + injunctions
Jacobsen v. Katzer
$5,000 per copy,
approximately 100x revenues
Bottom line:
Pay attention to your software
licenses
There is a spectrum of
possible licenses
Types of Open Source Licenses
• Academic
• Permissive
• Limited Reciprocal
• Strong Reciprocal
Common Open Source License Provisions
– Disclaimer of warranties– No restrictions on or fees for redistribution– Must provide source code with compiled
object code – Modifications and distribution subject to the
same license terms– Must identify original source and modifications
Bring together “preexisting materials or...data...in such a way that the resulting work as a whole constitutes an original work of authorship.”
Collective Works
- 17 U.S.C. § 101
“a work based upon one or more preexisting works….” the preexisting work is “recast, transformed, or adapted.”
Derivative Works
- 17 U.S.C. § 101
Collective Work Independent copyrights, independent
licenses
Derivative WorkCopyrights are tied together, licenses
must be compatible
Collective Work Your work gets your license
Derivative WorkYour work is open source
Bottom line:
Pay attention to your software
licenses
Questions?
Van LindbergHaynes and Boone, LLP