Taiwan Companies in the FOSS Implementation: From the Perspective of Legal Consultation Practice

Transcription

1 Taiwan Companies in the FOSS Implementation: From the Perspective of Legal Consultation Practice Open Source Software Foundry, CITI, Academia Sinica Taiwan Florence T.M. Ko 葛冬梅 Legal Specialist Tel: #474 This presentation file is the simplified version of the original one and licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3. Unported License.

2 Tax Law Genetic Modified Food Regulation Subsidy Law IP Securitization Energy Law FOSS Licensing 22//25 2

3 OSSF Open Source Software Foundry domestic community 3 teams 9 employees 22//25 3

4 Technical Team OpenFoundry: online project hosting platform 22//25 FOSS projects Projects of university professors subsidized by National Science Council, NSC. 4

5 Promotion and Outreach Team 22//25 5

6 Legal Team do research spread information 22//25 6

7 . Law and Licensing 2. Legal Column 3. Talk 22//25 7

8 Legal Team do research spread information provide consultation arrange event 22//25 8

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12 22//25 2

13 face-to-face meeting telephone conference 22//25 3

14 Main FOSS-related organizations/projects in Taiwan FOSS-related organizations/projects in Taiwan Abbr. Full Name Main Mission OSSF Open Source Software Foundry SLAT Software Liberty Associate, Taiwan OSSACC Open Source Software Application Consulting Centre application in schools TLC Taiwan Linux Consortium commercial application III Institute of Information Industry technical development NCHC National Center for HighPerformance Computing technical development 22//25 accelerate development of domestic community with legal consultation advance related policies 4

15 Different kinds of questions Content of licenses Compatibility between licenses Release of source code Assistance to correct the infringement program or product... 22//25 5

16 Overview of consultation events from 27-2 Year Consultation events Industry & Government Community & Universities I/C ratio : : : : : 22//25 6

17 9 events/year 5% from private companies 22//25 7

18 26 a batch of goods an important customer an from a community member a company ever heard about GPL/FOSS 22//25 8

19 Their questions... What is GPL? What is open source? Is what the claimed all true? How can we know this is not a fraud ? Do we really need to provide all source code contained in the product? If we do, why? We need an attorney who knows about GPL. Would you recommend one for us? 22//25 9

20 3 hours meeting recommend attorney provide license analysis when needed 22//25 2

21 free code from internet without obligation 22//25 2

22 Most questions are elementary What is GPL? Is it a new copyright law clause? Is it valid? What is copyleft? Who is Brett Smith? Who is Harald Welte? What is FSF? What is gpl-violations.org? How can I know this is not a fraud ? Do we really need to provide all source code? If we do, why? 22//25 22

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24 avoid being licensed under GPL 22//25 24

25 free tool to reduce cost should be dealt with carefully 22//25 25

26 Most questions are about how to avoid a program being licensed under GPL How can I keep my own code not being infected by GPL when I use GPLed component? If ther is a middle layer between GPLed component and my own program, should I still open the source code of my own program? How can people tell that a program contains GPLed code? I use a software licensed under Apache-2., what should I notice? Should I open the source code of my own program? 22//25 26

27 Statistics of consultation analyses Great Recession Consultation events Industry & Government Community & Universities I/C ratio : : : : : 27 22//25 Great Recession 3 27

28 Statistics of consultation events leading to specific FOSS licenses sum GPL LGPL Apache BSD 5 2 CDDL 4 3 Google Android MIT 2 4 MPL 2 2 AGPL 2 2 Artistic 22//

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30 free tool with obligations should be used in compliance with the license terms 22//25 3

31 Questions about how to comply with license increase What does this clause say? How should I do to comply with GPL when distributing the derived program? We will use the following open source components in our product. But we can't provide all source of this product due to the NDA with another company. What should we do to avoid violating GPL? We have some files from our partner company, which have the licensing statement like the following. Is it OK? 22//25 3

32 attitude towards FOSS essential change 22//25 32

33 Statistics of events leading to specific issues Compliance Process Derivative Definition Business Model Separate Technique Copyright Notice License Compatibility Font Issue Patent Issue Android Implementation Infringement Issue Dual-license Trademark Issue Cloud Service MySQL Question Governance Mechanism Analysis Tool Decoder Issue Reinstate Issue 22// SUM

34 Compliance Process 22//25 34

35 philosophy of being the second 老二哲學 catch up with the world trend 22//25 35

36 Thanks for your attention! In acknowledgement of the contribution from my partners, Lucien C.H. Lin and Joseph Y.C. Chen, to the slides. 22//25 36

37 Copyright Notice 22 This presentation file is the simplified version of the original one. Some Rights Reserved, Florence T.M. Ko. Except where otherwise noted, content on this slide is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3. Unported License. A statement that the intellectual property rights belong to the original author must accompany the reproduction and distribution of any part of the content. tmk25@citi.sinica.edu.tw Linkedin: 22//25 37