RISK MANAGEMENT FOR OPEN SOURCE

Size: px
Start display at page:

Download "RISK MANAGEMENT FOR OPEN SOURCE"

Transcription

1 RISK MANAGEMENT FOR OPEN SOURCE Ria Farrell Schalnat Open Source Should Not Work (but it does anyway) The Birth Pangs of Open Source January 24, 1956: Antitrust settlement. 1964: Bell Labs and MIT collaborate on Multics (forerunner to UNIX). Summer 1982: AT&T breaks up. The Baby Bells fly the nest. AT&T starts charging A LOT for its version of UNIX. A schism results. AT&T promotes is more stable commercial development. Berkeley continues along the academic, avant-garde and CHEAP deployment.

2 AT&T versus Berkeley: The Honeymoon is Over And a little thing called the Internet didn t hurt either Open Source s Painful Adolescence Late 1980 s- Early 1990 s BSD was mired in a legal quagmire that made its future uncertain, for several critical years. The Open Source Movement cried out for a new hero. Who can save us?

3 But even Linux has had its growing pains The Legal Birth of Open Source 1979: Stallman tried to fix a Xerox printer at MIT. When Xerox wouldn t give him the source code, he got mad really mad. 1984: Stallman founded the Free Software Foundation and developed the GPL which gave birth to the concept of copyleft.

4 Walk Softly But Carry a Big Stick Copyright 17 USC 504. Infringer Liability (1) the copyright owner's actual damages and any additional profits of the infringer; or (2) statutory damages (not less than $750 or more than $30,000; willful infringement can increase the award to $150,000). 17 USC 505. Remedies include Costs and attorney's fees 17 USC 506: Criminal Penalties. Patent Stick Patent 35 USC 271: Exclude others from making, using, and selling. 35 USC 284: Increased damages available for willful infringement but not statutory damages like Philosophies of Open Source

5 FSF Style Open Source Definition Source code must be distributed with the software or otherwise made available for no more than the cost of distribution Anyone may redistribute the software for free, without royalties or licensing fees to the author Anyone may modify the software or derive other software from it and then distribute the modified software under the same terms. GPL License Philosophy Cannot use GPL code to build proprietary products Static versus Dynamic Why does this make a difference? Which program is doing the primary work the proprietary program or the GPL ed one? LGPL explicitly permits proprietary software to make calls to GNU Libraries.

6 GPL versus BSD The viral clause of the GPL clashed with pragmatic views of many programmers. The BSD license was less restrictive than the GPL, in the fundamental sense that it did not require derivatives to remain free but instead allowed the creation of proprietary products from open code. SUN s Community Source License Philosophy Sun Microsystems has argued that its community source license SCSL would take the advantages from each of the proprietary and open source models and eliminate the disadvantages. The core SCSL idea is to create an open source like community among individuals and organizations who want to extend and build applications on top of a common infrastructure (e.g., JAVA). JUST LOOKING INTERNAL DEPLOYMENT COMMERCIAL Business Models

7 So How Do You Make Money On Open Source? Technical Support Loss Leader Sell it then free it Accessorize Service Enablers Branding Examples of the Ancillary Business Model Yggdrasil charged for providing a neat distribution. Then he went one step further and combined a proprietary GUI toolkit for use with Open Source Code. RedHat: Packaged Linux installations Caldera: Married his open source and proprietary code a bit too close for the community comfort. The New Business Model The world is moving more toward services and away from software in a box models. The source code is free through open source and your clients will pay you to warrant it, maintain it, document it, etc.

8 How do you differentiate yourself? Trademark and branding becoming more important in the world of Open Source Positioning your Open Source Project for Purchase Make sure you get contributor agreements and copyright assignments from any contributors to your open source codebase. Scrub the code. Don t just take the contributor s word for it. The Licenses

9 The Price of Knowledge Newspaper: $5 Nieman Marcus Cookie Recipe: $250 Microsoft Office Suite: $400 There are some things money can t buy Open Source Code: Priceless (except for all those fine print conditions that might get you depending on the license agreement). The Coldstone Creamery Model On the surface, Open Source seems like Baskin Robbins with 31 flavors. OSI (Open Source Initiative) has actually approved over 60 licenses. And sometimes you get dual licenses so make sure you know which one you have: products/berkeley-db/htdocs/licensing.html Are They Enforceable? Yes, they Are!

10 Managing the Risk Security Risks Types of Risk Quality Risks Infringement Risks Managing Security Risk

11 Security - Whose Eyes Are on the Code? Question posed by ADTI: What if the Federal Aviation Agency were to develop an application to control 747 flight patterns from a widely distributed GPL open source code. Just How Secure Is It? Any major project today has millions of lines of code!!!!!!!!!!! Sensitive government programs do not have to be distributed and therefore don t have to trigger publication requirements. Government can add proprietary security mechanisms as needed. Managing Quality Risk

12 Managing Quality Risk Who has control? Forking How strong is the community around it? Warranties Support Hierarchical Control (BSD) Who is in control? Leadership Baton (Perl) Committee Vote (Apache) Fun with Forks The right to fork per se is not at issue. What causes contention is the issue of legitimacy. It is a question of who can credibly and defensibly choose to fork the code, and under what conditions.

13 Meritocracy Here s my standing on keping control: I won t. The only control I ve effectively been keeping on Linux is that I know it better than anybody else. - Linus Torvalds (LINUX creator) Strategies Look for an active community if it is active then you have more eyeballs and a more active meritocracy. No warranties how much risk/liability are you comfortable with? Use CAPS on your level of liability with downstream clients if you can get them. For big projects, you can outsource the warranties. Remember you get what you pay for in Open Source! Managing IP Risk

14 We Have a Problem, Houston Code/Product is about to ship. You discover that open source code has contaminated your proprietary codebase. If you release, you are If you don t release, you are Changing the License Generally difficult and may be prohibited if the new license will break the philosophy or goals of the original license. There are some sanctioned exceptions Affero GPL LGPL GPL Otherwise, you must ask the permission of not just your licensor but the entire chain back to the original distributor. Clean room development and re-release. Making an Open Source Plan a.k.a. Managing Your IP Risks

15 Managing IP Risk 1 How are you going to use the open source code? Which license applies? What requirements does the license impose? (attribution, etc.) Who owns the code? Managing IP Risk 2 Contributors Mergers & Acquisitions Managing IP Risk 3 Remember that if you are acquiring a foreign target that you should determine whose laws are going to rule in the event of a dispute. USE LOCAL COUNSEL IN OTHER COUNTRIES.

16 Managing IP Risk 4 Do you specify projects via specific websites or do you let people Google for open source projects? How do you know that the license is the legitimate license? Once a project is in how do you monitor it and maintain it? Where are you going to use it (servers, CDs for distribution as a product in stores, etc.) How do you deal with new versions of the software? Managing IP Risk 5 How do you make sure that internal downstream use is aware of open source restrictions so that you don t accidentally run into an external distriubtion? Approval Process Audit Third Party Tools to Scrub Code Free Might be a good starting point but, generally, in life you get what you pay for. The scrubber is only as good as its database of open source code which is constantly growing and changing. Expensive (used by Sun Microsystems and Cisco) Blackduck Palomino Build your own scrubber IBM doesn t trust anyone but itself to vet its code. YOU CANNOT SCRUB FOR PATENTS THOUGH!!!!!!!!

17 The Red Hat Case Firestar, which Firestar owned a patent to Object Model Mapping and Runtime Engine for Employing Relational Database with Object Oriented Software, sued Red Hat and alleged that the Hibernate program infringed the patent. On June 11, 2008, the parties announced their unorthodox settlement: The covered products include all software distributed under Red Hat's brands, as well as upstream predecessor versions. The settlement also protects derivative works of, or combination products using, the covered products from any patent claim based in any respect on the covered products. Jumping Into the Pool What are Patent Pools Fairy Godmothers or Future Trolls? Motivation to join may range from altruism to access to the patents in the pool to a share of the overall royalty stream. entpool.pdf

18 Wuxi Multimedia 3C Patent Pool for DVD technical standards (Philips, Sony, Pioneer) Pool members must grant licenses to essential patents for DVD-Video or DVD-ROM on a non-exclusive basis. Requires licensees to grant back to the licensors any essential patents they own. Wuxi sued 3C members in 2004 for antitrust violations because 3C allegedly charged higher licensing rate to Chinese manufacturers. The suit was dismissed for failure to state a claim. Antitrust U.S. DEP T OF JUSTICE & FED. TRADE COMM N, ANTITRUST GUIDELINES FOR THE LICENSING OF INTELLECTUAL PROPERTY (1995) ("IP Guidelines"), reprinted at Open Source Licenses in Plain English (or at least as plain as a lawyer can make them!!!!!) (CAVEAT: These are just some highlights you need to read the whole thing to fully interpret your obligations.)

19 Some Ground Rules Many licenses require that any re-distributions include the source, modified source, provide the appropriate notices (some are quite specific re the language and the publication method), a change file, and provide a copy of the applicable license. Many licenses impose an obligation on the Distributor/Licensor to also license any IPR they have in the modified code (patent, copyright, trade secret). Berkeley BSD Style Licenses Redistribution (original or modified / source or binary) and use are permitted provided: Include notice, license conditions and disclaimer. The name of the author may not be used to endorse or promote products derived from this software without specific written permission. Traditional Disclaimer of Warranty - Software provided AS IS. Mozilla 1.1 Commercial Use means distribution or otherwise making the Covered Code available to a third party. Covered Code means the Original Code or Modifications or combinations or portions. Larger Work means a work which combines Covered Code or portions thereof with code not governed by the terms of this License (See, Sections 3.7 & 5) Include a LEGAL file describing any third party IP rights to code or implementation of APIs. Ongoing duty. Contributor represents that code is original and that they have sufficient rights to grant (Section 3.4) If you sue a Participant (Initial Developer or Contributor) for patent infringement, this License shall terminate upon 60 days notice unless you (see, Section 8.2): Agree in writing to pay a royalty for past and future use or Withdraw your litigation claim.

20 Netscape 1.1 Incorporates Mozilla extra. Licensor s Branded Code is excepted from this License even if it intersects with Covered Code. Licensor may be contractually limited from providing 3rd party code in the Covered Code. 3rd Party Code may be integrated into the Covered Code without triggering this License. Licensor can include Covered Code in other Licensor products for 2 years before the provisions of this License are triggered. GNU General Public License - Version 2 June 1991 Preamble: Freedom means libre not gratis. Think free speech not free beer. Picture of Beer. 0. License applies to any program with the GPL Notice. Activities other than copying, distribution, and modification are not covered by this License. The act of running the Program is not restricted and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For FSF software, write to the FSF which may make an exception for this. Decision may will be guided by preserving free status of all derivatives and the sharing/reuse of software generally. Affero (AGPLv1) The GNU GPL does an excellent job of protecting freedoms for users and developers, but there are questions about the applicability of the license for software that is run over a network. This is based on GNU GPL except for section 2(d).

21 GNU Lesser General Public LicenseVersion 2.1, February 1999 Preamble: Applies to specially designated software packages typically FSF libraries and those who use this license. Any patent license obtained for a version of the library must be consistent with the full freedom of use specified in this license. This license permits linking certain libraries into non-free programs. When a program is linked with a library, whether statically or using a shared library, the combination of the two (according to FSF) is a derivative work of the original library. The ordinary GPL therefore permits such linking only if the entire combination fits its criteria of freedom. 5. A program that contains no derivative of any portion of the Library, but is designed to work with the Library by being compiled or linked with it, is called a work that uses the Library. Such a work, in isolation, is not a derivative work of the Library, and therefore falls outside the scope of this License. However, linking a work that uses the Library with the Library creates an executable that is a derivative of the Library (because it contains portions of the Library), rather than a work that uses the library. The executable is therefore coverred by this License. GNU General Public License Version 3 Section 3: No covered work shall be part of a technological measure. fulfilling [legal copyright] obligations. Section 8: Allows cure prior to termination and reinstatement kinder and gentler than GPLv2. Section 11: Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor s essential claims to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version. No discriminatory license deals. Questions Ria Farrell Schalnat Patent Attorney & Counsel President of CincyIP 2200 PNC Center 201 East Fifth Street Cincinnati, OH (513) (513)

22 Sources The Success of Open Source Steven Weber Law Seminars International Open Source Software June 9, 2008 Computer Software Agreements by Quitmeyer, Ridley, and Matuszeski Computer Contracts Roditti Various websites associated with Open Source Licenses

We d like to hear your suggestions for improving our indexes. Send email to index@oreilly.com.

We d like to hear your suggestions for improving our indexes. Send email to index@oreilly.com. Index A Academic Free License, 14, 24 30 derivative works, 27 disclaimer of warranties, 26 intellectual property rights, 24 limitations of, 26 merger clauses, 29 modifying terms, 30 non-endorsement provision,

More information

What You Should Know About Open Source Software

What You Should Know About Open Source Software What You Should Know About Open Source Software J.D. Marple Silicon Valley Latham & Watkins operates as a limited liability partnership worldwide with an affiliate in the United Kingdom and Italy, where

More information

Presentation. Open Source is NOT Free. For ISACA. By Dave Yip / Gamatech Ltd. Agenda

Presentation. Open Source is NOT Free. For ISACA. By Dave Yip / Gamatech Ltd. Agenda Presentation Open Source is NOT Free For ISACA By Dave Yip / Gamatech Ltd Agenda Gamatech Introduction to Open Source Open Source and Enterprises Open Source Licensing Open Source Risks Open Source Management

More information

An Introduction to the Legal Issues Surrounding Open Source Software

An Introduction to the Legal Issues Surrounding Open Source Software An Introduction to the Legal Issues Surrounding Open Source Software By Daliah Saper Saper Law Offices, LLC 505 N. LaSalle, Suite #350 Chicago, IL 60654 http://www.saperlaw.com Open Source Software Open

More information

An Introduction to Open Source Software and Licensing

An Introduction to Open Source Software and Licensing An Introduction to Open Source Software and Licensing @black_duck_sw Karen Copenhaver Mark Radcliffe Peter Vescuso Black Duck 2013 Speakers Peter Vescuso EVP of Marketing, Black Duck Software Karen Copenhaver

More information

What Every GC and CTO Should Know about Open Source Software David Mirchin July 14, 2015

What Every GC and CTO Should Know about Open Source Software David Mirchin July 14, 2015 What Every GC and CTO Should Know about Open Source Software David Mirchin July 14, 2015 David Mirchin Chair, Meitar Technology Transactions and IP Group Tel Aviv, Israel Open Source sometimes also a

More information

Software Licensing 101: Open Source and Proprietary

Software Licensing 101: Open Source and Proprietary Software Licensing 101: Open Source and Proprietary July 26, 2016 NC Bar Center Cary, NC 565SLW North Carolina Bar Association Foundation (NCBAF) publications are intended to provide current and accurate

More information

Open Source in the Real World: Beyond the Rhetoric

Open Source in the Real World: Beyond the Rhetoric Open Source in the Real World: Beyond the Rhetoric Maureen Dorney Partner, DLA Piper Kat McCabe Board of Advisors, Black Duck Software, Inc. Gemma Dreher Senior Counsel, BAE Systems Introduction Widespread

More information

GPL v3 or EUPL? Alternative for Public Sector and their providers

GPL v3 or EUPL? Alternative for Public Sector and their providers GPL v3 or EUPL? Alternative for Public Sector and their providers European Opensource Lawyers Event Paris, 24 September 2008 European Opensource Lawyers Event Page 1 ID cards Nationality: Parents : Pregnancy:

More information

Open Source Code: Understanding and Managing the Risks. May 8, 2006. Renee L. Jackson. Christopher K. Larus. When You Think IP,

Open Source Code: Understanding and Managing the Risks. May 8, 2006. Renee L. Jackson. Christopher K. Larus. When You Think IP, Open Source Code: Understanding and Managing the Risks May 8, 2006 Renee L. Jackson Christopher K. Larus When You Think IP, When You Think Think Fulbright. IP, TM Think Fulbright. TM What is Open Source

More information

Intersections of patents and open-source software

Intersections of patents and open-source software Intersections of patents and open-source software Andrew J. Hall June 23, 2015 This presentation has been prepared for informational and discussion purposes only and does not constitute legal advice. 2015

More information

Open Source Used In Cisco D9865 Satellite Receiver Software Version 2.20

Open Source Used In Cisco D9865 Satellite Receiver Software Version 2.20 Open Source Used In Cisco D9865 Satellite Receiver Software Version 2.20 Cisco Systems, Inc. www.cisco.com Cisco has more than 200 offices worldwide. Addresses, phone numbers, and fax numbers are listed

More information

Open Source Software: Strategies and Risk Management

Open Source Software: Strategies and Risk Management Open Source Software: Strategies and Risk Management Elisabeth Esner i DLA Pper i Rudnick Gray Cary US LLP (858) 677-1484 elisabeth.e isner@dlap iper.com Mark Lehberg DLA Pper i Rudnick Gray Cary US LLP

More information

GPL, MIT, BSD, GEHC (and me)

GPL, MIT, BSD, GEHC (and me) GPL, MIT, BSD, GEHC (and me) Introduction to Open Source Therese Catanzariti author reproduce literary employer COPYRIGHT OWNER commission work for hire has the exclusive right to distribute prepare derivatives

More information

Open source licenses and IPR protection. INF Lecture 11

Open source licenses and IPR protection. INF Lecture 11 Open source licenses and IPR protection INF5750 - Lecture 11 Intro 1 What is IPR? What are IPR control points? Patents Copyright Licenses Other control points Why is IPR important? Intro 2 Open Innovation

More information

Free and Open Source Software ( FOSS ) Licensing Overview. Gwyn Firth Murray Matau Legal Group February 11, 2015

Free and Open Source Software ( FOSS ) Licensing Overview. Gwyn Firth Murray Matau Legal Group February 11, 2015 Free and Open Source Software ( FOSS ) Licensing Overview Gwyn Firth Murray Matau Legal Group February 11, 2015 Open Source Licenses: Three Main Categories A. Permissive/ Attribution Fewest requirements,

More information

Distribution of Software

Distribution of Software OpenSource_CH03 Page 41 Monday, June 14, 2004 3:54 PM 3 Distribution of Software Contributors and Distributors Open source software is written by computer programmers who generously distribute it to their

More information

Intellectual Property Rights and Open Source Software licenses

Intellectual Property Rights and Open Source Software licenses Intellectual Property Rights and Open Source Software licenses Timo Tuunanen Intellectual property rights (IPR) IPR s Copyright (expression) Patents (invention) Trademarks IPR s are originally created

More information

Metatron Technology Consulting s Strategic Guide to Open Source Software

Metatron Technology Consulting s Strategic Guide to Open Source Software Metatron Technology Consulting s Strategic Guide to Open Source Software Chris Travers April 30, 2004 Copyright c April 30, 2004 Metatron Technology Consulting. Permission is granted for verbatim redistribution

More information

Siemens Schweiz AG Building Technologies Division Intellectual Property Gubelstrasse 22 CH 6300 Zug Switzerland

Siemens Schweiz AG Building Technologies Division Intellectual Property Gubelstrasse 22 CH 6300 Zug Switzerland Open Source Software used in the product The product contains, among other things, Open Source Software, licensed under an Open Source Software License and developed by third parties. These Open Source

More information

Instructions for specifying the licence terms in Open Source software François Fluckiger, Editor 10 January 2012 Version 1

Instructions for specifying the licence terms in Open Source software François Fluckiger, Editor 10 January 2012 Version 1 OSL-2012-01 Open-source Licence - Task force Instructions for specifying the licence terms in Open Source software François Fluckiger, Editor 10 January 2012 Version 1 Contents 1 Rules for the copyright

More information

Free and Open-Source Software Diligence in Mergers, Acquisitions, and Investments

Free and Open-Source Software Diligence in Mergers, Acquisitions, and Investments Free and Open-Source Software Diligence in Mergers, Acquisitions, and Investments Andrew J. Hall Fenwick & West LLP April 16, 2013 Linux Foundation Collaboration Summit Presentation Topics Introduction

More information

Open Source and Legal Issues

Open Source and Legal Issues In-House Lawyers: Shaping New Legislation, Case-Law and Government Plans into Practical Company Policies Open Source and Legal Issues Rodolphe Michel, British Telecommunications plc This presentation contains

More information

If you are submitting changes to the project, please see CONTRIBUTIONS file for more instructions.

If you are submitting changes to the project, please see CONTRIBUTIONS file for more instructions. ================================ Licenses of Third Party Software ================================ This product contains software provided by third parties, which may include the below listed components.

More information

GPL, MIT, BSD, OSS (and me)

GPL, MIT, BSD, OSS (and me) GPL, MIT, BSD, OSS (and me) Introduction to Open Source Therese Catanzariti OSS encourages code distribution (so you can sell epensive things on top of code OSS is risky! OSS saves engineering time and

More information

CSPA. Common Statistical Production Architecture Descritption of the Business aspects of the architecture: business models for sharing software

CSPA. Common Statistical Production Architecture Descritption of the Business aspects of the architecture: business models for sharing software CSPA Common Statistical Production Architecture Descritption of the Business aspects of the architecture: business models for sharing software Carlo Vaccari Istat (vaccari@istat.it) Index Costs categories

More information

Licensed CC-BY 3.0 For attribution, please link to http://dirkriehle.com

Licensed CC-BY 3.0 For attribution, please link to http://dirkriehle.com Java is an important technology powering the modern web and in particular enterprise applications. It has a checkered intellectual property history, and with the recent acquisition of Sun, the Java creator

More information

Intellectual Property& Technology Law Journal

Intellectual Property& Technology Law Journal Intellectual Property& Technology Law Journal Edited by the Technology and Proprietary Rights Group of Weil, Gotshal & Manges LLP VOLUME 26 NUMBER 6 JUNE 2014 A Practical Approach to Working with Open

More information

Open Source and Government Procurement

Open Source and Government Procurement Open Source and Government Procurement Tuesday October 21, 2007 Copyright 2007 Holme, Roberts & Owen LLP Increasingly unwise not to consider open source Increasingly unrealistic to avoid open source You

More information

Intellectual Property Group Presentation. Using Open Source Software Issues to Consider. Peter J. Guffin, Esq. Pierce Atwood LLP January 22, 2009

Intellectual Property Group Presentation. Using Open Source Software Issues to Consider. Peter J. Guffin, Esq. Pierce Atwood LLP January 22, 2009 Intellectual Property Group Presentation Using Open Source Software Issues to Consider Peter J. Guffin, Esq. Pierce Atwood LLP January 22, 2009 I. Agenda Select key terms in various open source licenses

More information

Open Source Used In Cisco Digital Media Player 4310 Release 5.4.1

Open Source Used In Cisco Digital Media Player 4310 Release 5.4.1 Open Source Used In Cisco Digital Media Player 4310 Release 5.4.1 Cisco Systems, Inc. www.cisco.com Cisco has more than 200 offices worldwide. Addresses, phone numbers, and fax numbers are listed on the

More information

Open Source Software: What You Need to Know. Presented By: Lisa Abe, Ian Kyer and Marek Nitoslawski

Open Source Software: What You Need to Know. Presented By: Lisa Abe, Ian Kyer and Marek Nitoslawski Open Source Software: What You Need to Know Presented By: Lisa Abe, Ian Kyer and Marek Nitoslawski September 15, 2005 Open source software ( OSS ): What you need to know Understanding the business and

More information

1. Third Party Software or Free Software License Information

1. Third Party Software or Free Software License Information Acer Legal Information 1. Third Party Software or Free Software License Information Software included by Acer on its products or offered by Acer on its websites for download may contain free or third party

More information

EMAIL SECURITY MANAGER HELP

EMAIL SECURITY MANAGER HELP EMAIL SECURITY MANAGER HELP Websense Email Security Gateway v7.8.x 1996-2014, Websense Inc. All rights reserved. 10240 Sorrento Valley Rd., San Diego, CA 92121, USA R0825784 Published August 2014 Printed

More information

BMC Remedy Action Request System 7.0 Open Source License Agreements

BMC Remedy Action Request System 7.0 Open Source License Agreements March 2006 BMC Remedy Action Request System 7.0 Open Source License Agreements Copyright 1991 2005 BMC Software, Inc. All rights reserved. BMC, the BMC logo, all other BMC product or service names, BMC

More information

Shared Source, Eventual Source, and Other Licensing Models

Shared Source, Eventual Source, and Other Licensing Models 11_Rosen_ch11 Page 255 Thursday, June 17, 2004 11:06 AM 11 Shared Source, Eventual Source, and Other Licensing Models Alternatives to Open Source There are many ways to license software. None is legally

More information

Choosing an Open Source License

Choosing an Open Source License Rosen_ch10 Page 229 Wednesday, June 23, 2004 10:04 AM 10 Choosing an Open Source License How Licenses Are Chosen I have been involved with the open source community long enough to recognize that decisions

More information

Moving a Commercial Forecasting Product to Open Source

Moving a Commercial Forecasting Product to Open Source American Immunization Registry Conference October 7 9, 2013 Denver, CO Moving a Commercial Forecasting Product to Open Source Judy Merritt, Scientific Technologies Corporation Nathan Bunker, Dandelion

More information

The Common Public License (CPL)

The Common Public License (CPL) 08_Rosen_ch08 Page 161 Thursday, June 17, 2004 10:53 AM 8 The Common Public License (CPL) CPL as a Template IBM has long participated in the open source community. Its involvement along with other major

More information

R&S TSMW Radio Network Analyzer Open Source Acknowledgment

R&S TSMW Radio Network Analyzer Open Source Acknowledgment Radio Network Analyzer Open Source Acknowledgment (;Úà@2) 1176.8216.02 03 Test & Measurement Open Source Acknowledgment Contents Contents 1 Introduction... 3 1.1 Disclaimer... 3 1.2 How to obtain the source

More information

Open Source Announcement

Open Source Announcement Open Source Announcement A software component of this product incorporates source code covered under the GNU Lesser General Public License (LGPL). Acknowledgement: The software included in this product

More information

Open Source Software:

Open Source Software: Open Source Software: Buyer Beware of Custom Development and M&A Transaction Risks By Heather R. Pruger and Adam S. Zarren Does your client develop software for others, or does it purchase customized software

More information

GNU LESSER GENERAL PUBLIC LICENSE. The Qt Toolkit is Copyright (C) 2014 Digia Plc and/or its subsidiary(-ies). Contact: http://www.qt.

GNU LESSER GENERAL PUBLIC LICENSE. The Qt Toolkit is Copyright (C) 2014 Digia Plc and/or its subsidiary(-ies). Contact: http://www.qt. GENERAL ------- Qt is available under a commercial license with various pricing models and packages that meet a variety of needs. Commercial Qt license keeps your code proprietary where only you can control

More information

Why Samba moved to GPLv3. Jeremy Allison Samba Team jra@samba.org

Why Samba moved to GPLv3. Jeremy Allison Samba Team jra@samba.org Why Samba moved to GPLv3 Jeremy Allison Samba Team jra@samba.org Why use GPL at all? Cast your mind back to the early 1990's Things were very different.. SMB was a closed, proprietary protocol The important

More information

GNU LIBRARY GENERAL PUBLIC LICENSE. Preamble

GNU LIBRARY GENERAL PUBLIC LICENSE. Preamble GNU LIBRARY GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1991 Free Software Foundation, Inc. 51 Franklin St, Fifth Floor, Boston, MA 02110-1301, USA Everyone is permitted to copy and distribute

More information

Configuring IKEv2 VPN for Mac OS X Remote Access to a GTA Firewall

Configuring IKEv2 VPN for Mac OS X Remote Access to a GTA Firewall Mac Install Configuring IKEv2 VPN for Mac OS X Remote Access to a GTA Firewall strongswan Client strongswan201503-01 Global Technology Associates 3361 Rouse Rd, Suite 240 Orlando, FL 32817 Tel: +1.407.380.0220

More information

An Open Source Software Primer for Lawyers

An Open Source Software Primer for Lawyers An Open Source Software Primer for Lawyers July 17, 2014 Presentation to the ABA Open Source Committee, Section of Science & Technology Law Joanne Montague joannemontague@dwt.com Davis Wright Tremaine

More information

Your Open Source Investment Know. Manage. Protect.

Your Open Source Investment Know. Manage. Protect. Using open source software provides a compelling business case, but if companies violate the software s licenses, the consequences can be more severe than they think. Open Source Risk Management s services

More information

Open Source Used In Cisco TelePresence IX5000 8.0

Open Source Used In Cisco TelePresence IX5000 8.0 Open Source Used In Cisco TelePresence IX5000 8.0 Cisco Systems, Inc. www.cisco.com Cisco has more than 200 offices worldwide. Addresses, phone numbers, and fax numbers are listed on the Cisco website

More information

Xtra-PC License Agreement

Xtra-PC License Agreement Xtra-PC License Agreement Xtra-PC incorporates code from other publicly available ( Open Source ) software, and is provided under the GNU General Public License, the text of which is available below and

More information

GPLv3 Final Discussion Draft Rationale

GPLv3 Final Discussion Draft Rationale GPLv3 Final Discussion Draft Rationale Free Software Foundation Copyright c 2007 Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA Verbatim copying and distribution

More information

Open Source Software Licenses: Perspectives of the End User and the Software Developer

Open Source Software Licenses: Perspectives of the End User and the Software Developer White Paper: Open Source Software Licenses: Perspectives of the End User and the Software Developer By: Paul H. Arne Morris, Manning & Martin, L.L.P. Copyright 2004 Morris, Manning & Martin, L.L.P. All

More information

CLOUD BUSINESS MODELS AND THE EVOLUTION OF OPEN SOURCE LICENSES

CLOUD BUSINESS MODELS AND THE EVOLUTION OF OPEN SOURCE LICENSES CLOUD BUSINESS MODELS AND THE EVOLUTION OF OPEN SOURCE LICENSES June 16, 2014 2014 Black Duck Software, Inc. All Rights Reserved. SPEAKERS Phil Odence Vice President of Corporate and Business Development

More information

Impact of cloud computing

Impact of cloud computing EOLE European Open source & free software Law Event Brussels 06/12/2013 Impact of cloud computing...on FOSS users Benjamin Jean bjean@inno3.fr 1 Plan 0. Definition : who are the users? 1. Questions: is

More information

dlan TV SAT Multituner

dlan TV SAT Multituner dlan TV SAT Multituner Copyright Notice and Warranty Disclaimer In absence of an official legally proven version of the referenced license documents this document has to stay with the original English

More information

4. Limitation of Liability. 5. General Provisions

4. Limitation of Liability. 5. General Provisions End User License Agreement Please read these contract terms and conditions carefully before you make use of the software. eq-3 shall provide you with a license for the software only if you accept the terms

More information

SYMANTEC INSIGHT FOR PRIVATE CLOUDS THIRD-PARTY LICENSE AGREEMENTS

SYMANTEC INSIGHT FOR PRIVATE CLOUDS THIRD-PARTY LICENSE AGREEMENTS SYMANTEC INSIGHT FOR PRIVATE CLOUDS THIRD-PARTY LICENSE AGREEMENTS Certain third-party software may be distributed, embedded, or bundled with this Symantec product, or recommended for use in conjunction

More information

Open Source Information

Open Source Information Open Source Information imagine the possibilities Contents OPEN SOURCE INFORMATION GNU GENERAL PUBLIC LICENSE..................................... 3 Tiff License.......................................................

More information

This program incorporates work covered by the following copyright and permission notices:

This program incorporates work covered by the following copyright and permission notices: WordPress - Web publishing software Copyright 2014 by the contributors This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published

More information

Managing Open Source Software 2010: Best Practices

Managing Open Source Software 2010: Best Practices Managing Open Source Software 2010: Best Practices Mark Radcliffe, Partner DLA Piper, Silicon Valley Office mark.radcliffe@dlapiper.com www.lawandlifesiliconvalley.com/blog DLA Piper 3,500 attorneys Top

More information

Public Policy for GENIVI Licensing and Copyright Version 1.6

Public Policy for GENIVI Licensing and Copyright Version 1.6 Public Policy for GENIVI Licensing and Copyright Version 1.6 Content 1 Introduction... 2 1.1 Scope... 2 1.2 Definitions... 2 1.3 Disclaimer... 3 2 License Classifications... 3 2.1 Green-light Licenses...

More information

OSADL License Compliance Audit (OSADL LCA)

OSADL License Compliance Audit (OSADL LCA) Open Source Automation Development Lab eg OSADL License Compliance Audit (OSADL LCA) 1. Goals Risk management for any company includes the maintenance of legal and contractual obligations. The observance

More information

INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User)

INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User) INTEL SOFTWARE LICENSE AGREEMENT (OEM / IHV / ISV Distribution & Single User) By clicking the Accept button, I signify that I have read and accept the terms below. IMPORTANT - READ BEFORE COPYING, INSTALLING

More information

Managing Open Source Software Supply Chains

Managing Open Source Software Supply Chains Managing Open Source Software Supply Chains Agenda Introduction Identify the ten most common open source license obligations Explain what you need to do to comply with these obligations Discuss the key

More information

LEGAL NOTICES OPEN SOURCE SOFTWARE (as of April 2011)

LEGAL NOTICES OPEN SOURCE SOFTWARE (as of April 2011) LEGAL NOTICES OPEN SOURCE SOFTWARE (as of April 2011) License GPL 2.0 LGPL 2.1 [base] BSD-style Two-clause License (base) Apache 1.1 Apache License Version 2.0 Bison GPL 2.0 with Exception Boost Software

More information

Open Source Software: critical review of scientific literature and other sources

Open Source Software: critical review of scientific literature and other sources Open Source Software: critical review of scientific literature and other sources Marc Querol del Amo Master of Science in Computer Science Submission date: June 2007 Supervisor: Maria Letizia Jaccheri,

More information

Some thoughts about FOSS

Some thoughts about FOSS Free and Open Source Software (FOSS) Part II presented by Wolfgang Leister INF 5780 Høstsemester 2009 Ifi Universitetet i Oslo Some thoughts about FOSS Open Source Software (1) 1. Free Redistribution The

More information

Open Source Software Licensing Patterns

Open Source Software Licensing Patterns Western University Scholarship@Western Computer Science Publications Computer Science 2007 Open Source Software Licensing Patterns Halina Kaminski University of Western Ontario, hkaminsk@csd.uwo.ca Mark

More information

A free software license for the BUFR software

A free software license for the BUFR software A free software license for the BUFR software H. Paulitsch / TU-Graz At the first OPERA-III meeting the need for a license for the BUFR software has been discussed in WG2 and TU-Graz has been asked to

More information

The 7 Myths of IP Risk: The Real Exposure Issues with Free and Open Source Software. Black Duck Software White Paper

The 7 Myths of IP Risk: The Real Exposure Issues with Free and Open Source Software. Black Duck Software White Paper The 7 Myths of IP Risk: The Real Exposure Issues with Free and Open Source Software Black Duck Software White Paper FOSS is widely recognized as providing significant technology, innovation and financial

More information

GNU General Public License, version 2, with the Classpath Exception

GNU General Public License, version 2, with the Classpath Exception LICENSES: Azul Zulu Licenses and Copyrights Zulu incorporates third-party licensed software packages. Some of these have distribution restrictions and some have only reporting requirements. This document

More information

Rack Station RS407, RS408, RS408-RP

Rack Station RS407, RS408, RS408-RP Rack Station RS407, RS408, RS408-RP Quick Installation Guide SAFETY INSTRUCTIONS Please read these safety instructions carefully before use, and keep this manual in a safe place for your future reference.

More information

University of Edinburgh. School of Informatics. Intellectual Property and the Digital Age. Chris Martin

University of Edinburgh. School of Informatics. Intellectual Property and the Digital Age. Chris Martin University of Edinburgh School of Informatics Intellectual Property and the Digital Age Chris Martin Outline IP Basics what is IP? / IP ownership / protecting IP Copyright basics infringement / permitted

More information

Traditional Commercial Software Development. Open Source Development. Traditional Assumptions. Intangible Goods. Dr. James A.

Traditional Commercial Software Development. Open Source Development. Traditional Assumptions. Intangible Goods. Dr. James A. Open Source Development Dr. James A. Bednar jbednar@inf.ed.ac.uk http://homepages.inf.ed.ac.uk/jbednar Traditional Commercial Software Development Producing consumer-oriented software is often done in

More information

A microeconomic analysis of commercial open source software development

A microeconomic analysis of commercial open source software development A microeconomic analysis of commercial open source software development Date: November 7 th 2007 Author: Mathieu Baudier (mbaudier@argeo.org) Abstract The particularity of open source software is how it

More information

GPL AND SOFTWARE LICENSING ISSUES LESSONS FROM THE VERSATA LAWSUIT. 2015 Black Duck Software, Inc. All Rights Reserved.

GPL AND SOFTWARE LICENSING ISSUES LESSONS FROM THE VERSATA LAWSUIT. 2015 Black Duck Software, Inc. All Rights Reserved. GPL AND SOFTWARE LICENSING ISSUES LESSONS FROM THE VERSATA LAWSUIT 2015 Black Duck Software, Inc. All Rights Reserved. SPEAKERS Phil Odence Vice President & General Manager Karen Copenhaver Partner at

More information

nexb- Software Audit for Acquisition Due Diligence

nexb- Software Audit for Acquisition Due Diligence nexb- Software Audit for Acquisition Due Diligence www.nexb.com Agenda About nexb What nexb does Our experience Software Audit: M&A License Violation Risks & Recent Audit Issues Software Audit Process

More information

Open source texts and acknowledgements

Open source texts and acknowledgements Open source texts and acknowledgements 1 Licence text and acknowledgements License Texts and Acknowledgements for open source software used in Tilgin products. Tilgin is grateful to the groups and individuals

More information

Legal and licensing aspects of open source. Mikko Välimäki 21.2.2007

Legal and licensing aspects of open source. Mikko Välimäki 21.2.2007 Legal and licensing aspects of open source Mikko Välimäki 21.2.2007 Structure Software copyright law Computer program as a work: originality, idea v. expression, architecture and interface Exclusive rights

More information

FREE DOWNLOAD COMPONENTS/THIRD PARTY TERMS AND CONDITIONS PROGRAM: e-biz Impact version 5.5

FREE DOWNLOAD COMPONENTS/THIRD PARTY TERMS AND CONDITIONS PROGRAM: e-biz Impact version 5.5 FREE DOWNLOAD COMPONENTS/THIRD PARTY TERMS AND CONDITIONS PROGRAM: e-biz Impact version 5.5 Apache Software Foundation Components: Xerces The Program includes software developed by the Apache Software

More information

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT US AT:

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, PLEASE CONTACT US AT: ANUE SYSTEMS, INC. END-USER PRODUCT AND LICENSE AGREEMENT PLEASE READ CAREFULLY: THIS END-USER PRODUCT AND LICENSE AGREEMENT ( AGREEMENT ) AND THE TERMS AND CONDITIONS (OR OTHER APPLICABLE AGREEMENT) UNDER

More information

Managing risks associated with open source software

Managing risks associated with open source software Managing risks associated with open source software Billie Audia Zermatt Legal Group Institute for Security, Technology & Society Dartmouth College 2 April 2009 Discussion What is Open Source? Benefits,

More information

Boost Libraries Boost Software License Version 1.0

Boost Libraries Boost Software License Version 1.0 Citrix AppDNA Listing of Open Source Components The following is a listing of open source licensed software which may accompany AppDNA. Each of the components listed below may be redistributed under the

More information

End-User Software License Agreement

End-User Software License Agreement End-User Software License Agreement This End-User Software License Agreement (the Agreement ) is a license agreement between you (the Licensee ) and IMSWorkX, Inc. ( IMSWorkX ), a Delaware corporation

More information

Adobe LeanPrint Dashboard Software Notices and/or Additional Terms and Conditions

Adobe LeanPrint Dashboard Software Notices and/or Additional Terms and Conditions Adobe LeanPrint Dashboard Software Notices and/or Additional Terms and Conditions This page and/or pages linked from this page contain Third Party Software Notices and/or additional Terms and Conditions

More information

Oracle Endeca Information Discovery Integrator

Oracle Endeca Information Discovery Integrator Oracle Endeca Information Discovery Integrator Third-Party Version 3.1.1 December 2013 Copyright and disclaimer Copyright 2003, 2014, Oracle and/or its affiliates. All rights reserved. Oracle and Java

More information

The MIT, BSD, Apache, and Academic Free Licenses

The MIT, BSD, Apache, and Academic Free Licenses CHAPTER 2 The MIT, BSD, Apache, and Academic Free Licenses Chapter 2 u The MIT and BSD Licenses were two of the earliest open source licenses. Because these licenses are relatively straightforward and

More information

ESA Software Community License Type 1 - v1.1

ESA Software Community License Type 1 - v1.1 ESA Software Community License Type 1 - v1.1 1 Definitions 1.1 Contributor means (a) the individual or legal entity that originally creates or later modifies the Software and (b) each subsequent individual

More information

Open Source Voting Systems

Open Source Voting Systems Presented to: 2015 State Certification Testing of Voting Systems National Conference Paul W. Craft Kathleen A. McGregor May, 19, 2015 Introduction One concern raised in the aftermath of Election 2000 was

More information

AXIS SOFTWARE LICENSE AGREEMENT

AXIS SOFTWARE LICENSE AGREEMENT AXIS SOFTWARE LICENSE AGREEMENT This Software License Agreement (this Agreement ) is a legal agreement between you (either individual or an entity) and Axis Communications AB (hereinafter referred to as

More information

Citrix ShareFile Sync for Mac

Citrix ShareFile Sync for Mac Citrix ShareFile Sync for Mac Third Party Notices Citrix ShareFile Sync for Mac may include third party software components licensed under the following terms. This list was generated using third party

More information

Installing the Shrew Soft VPN Client

Installing the Shrew Soft VPN Client Windows Install Installing the Shrew Soft VPN Client ShrewVPNWindows201003-01 Global Technology Associates 3505 Lake Lynda Drive Suite 109 Orlando, FL 32817 Tel: +1.407.380.0220 Fax. +1.407.380.6080 Email:

More information

Freedom and Open Source

Freedom and Open Source Rosen_ch01 Page 1 Tuesday, June 22, 2004 7:35 PM 1 Freedom and Open Source The Language of Freedom Open source licenses promise to everyone what many in the community refer to as software freedom. The

More information

Issues in Software Licensing, Acquisition and

Issues in Software Licensing, Acquisition and Issues in Software Licensing, Acquisition and Development July 18, 2013 David Jennings Context For Our Purposes; What s a license? Fundamentally, it is a permission to do something(s). A license conveys

More information

OPEN SOURCE ISSUES IN BUSINESS

OPEN SOURCE ISSUES IN BUSINESS OPEN SOURCE ISSUES IN BUSINESS By Cestjon McFarland Holly Towle 1 I. INTRODUCTION Open source software presents issues of increasing significance for businesses. If you are not already familiar with these

More information

This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity)

This is a legal agreement (Agreement) between the undersigned (either an individual or an entity) Royalty Free Web Services Security Specification License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ( Company ), and Microsoft Corporation

More information

An Investigation of How Commercial Software Companies Should React to Open Source Software

An Investigation of How Commercial Software Companies Should React to Open Source Software An Investigation of How Commercial Software Companies Should React to Open Source Software UW CSEP 590 TU Course Project December 10, 2004 Patrick Haluptzok, Bipin Karunakaran, Rodrick Megraw, Magdalene

More information

Open Source Software: Recent Developments and Public Policy Implications. World Information Technology and Services Alliance

Open Source Software: Recent Developments and Public Policy Implications. World Information Technology and Services Alliance December 2004 Open Source Software: Recent Developments and Public Policy Implications Open source software has become a topic of great interest in the press and among policymakers. Open source software

More information

SIEMENS. Document ID 009771_MP30_a_en_-- SAP Order-No.: A5Q00021001 Siemens Switzerland Ltd. Edition 07.2012 1/10

SIEMENS. Document ID 009771_MP30_a_en_-- SAP Order-No.: A5Q00021001 Siemens Switzerland Ltd. Edition 07.2012 1/10 SIEMENS Embedded in this product are free software files that you may copy on a data carrier, distribute and/or modify under the terms of their respective license: 1. busybox - GPL v2 2. dejavu - Bitstream

More information

CYBERAUTHORIZE.Net for vtiger CRM User Guide

CYBERAUTHORIZE.Net for vtiger CRM User Guide 2008 CYBERAUTHORIZE.Net for vtiger CRM User Guide Accept and Process All Major Credit Cards and Electronic Checks CYBERAUTHORIZE Version 1.0 8/4/2008 2 Terms of Use Information in this document, including

More information