Convergence of Open Source Projects and Standards Development SES Webinar Series

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1 Convergence of Open Source Projects and Standards Development SES Webinar Series September 24, 2014 Andrew Updegrove Gesmer Updegrove LLP 1

2 Five years ago companies collaborated mostly by setting standards. They'd work together to write specifications that provided a level of interoperability and it was up to each company to implement it. Open source development has usurped that and companies now exchange code instead of, or in addition to, standards Linux Foundation CEO Jim Zemlin, 2014 Collaboration Summit Keynote 2

3 What is Open Source? Strictly speaking, software code in human readable form (in comparison to machine-readable object code) Generically, a collaborative development technique, usually open to anyone to participate in for free Most often used to develop software, but can also be hardware (or anything else) Results in a usable product rather than a design The deliverable is usually available for free Exception: in the case of hardware, the architecture would be free, and an implementation (if available) would often be available at or near cost 3

4 What is Open Source? Can be as small as a few lines of code or a single function or module Can be millions of lines of code (e.g., the Linux kernel) Many examples of dominant code (e.g., the LAMP stack running Web servers) 4

5 How is Open Source Developed? Many models, depending on objectives: Hosted at a forge like GitHub provides technical development platform (i.e., version control, wiki, etc.) for free Hosted by an existing foundation (e.g., Apache or Eclipse) with more sophisticated governance structure Hosted by a foundation that provides full services, including promotion (e.g., Linux Foundation or OuterCurve); may be incorporated or not Incorporated as a stand alone entity (usually with outsourced management) 5

6 How is Open Source Developed? Participation and technical governance are usually based on a meritocracy approach Funded projects may have a Board of Directors constituted in a manner typical of a consortium Funded projects may also have multi-tier memberships with ascending rights Elite projects maintain a strict separation between Board and Technical Steering Committee (TSB) 6

7 How are IPR Managed? Code is available for free Project may be subject to contribution and licensing rules, or there may be no rules at all If there is a user license, the terms can vary widely, from almost minimal ( permissive ) to significant ( copyleft ) Copyright in each code contribution may be conveyed to the project, or retained by the owner Patent rules for contributors and users can vary widely 7

8 Open Source vs. Open Standards There is a built in tension between the two approaches Open standards provide value only if everyone complies with the standard IPR commitments are limited to compliant implementations Copyright applies only to standards, not to implementations Participants are subject to explicit IPR policies and obligations 8

9 Open Source vs. Open Standards Open source software derives its value from allowing anyone to change it May or may not be contribution agreements Many participants may be subject to non-member inventions agreements or work for hire obligations Patents are often not addressed at all Copyright applies to the deliverable itself Commercializing software under restrictive licenses can impose IPR and code-contributions on nonmembers 9

10 Open Source vs. Open Standards BUT: Open source software needs to implement standards RAND commitments can cause problems under Copyleft licenses Many consortia have adapted their IPR policies to deal with this Open source projects have done almost nothing to accommodate open standards concerns Standards sometimes now include actual code, which is not contemplated by the IPR policies under which the standards were developed 10

11 Open Source vs. Open Standards Why a new breed of open source projects? Collaboration objectives are becoming more ambitious and challenging Standards organizations are still largely stove piped Time to market constraints are significant Middleware can be commoditized in order to facilitate creation of new markets Many companies think an open source approach can lead to a more satisfactory result (others do not) 11

12 Contrasting approaches Open standards approach: Form a new foundation to create a framework of standards directed at a specific use case(s): Exp: SGIP Populate framework with appropriate standards Identify gaps where standards are needed Establish liaisons with appropriate SSOs Vendors then build all the software individually, from the ground up (or the consortium may also create a reference implementation) Standards may or may not enable plug and play interoperability Plugfests, certification programs follow 12

13 Contrasting approaches Open Source approach: Form a new consortium to develop code for software that addresses a specific use case(s) Incorporates appropriate standards May also create code for APIs May also release specifications for APIs May also identify gaps where standards are needed Establish liaisons with appropriate open source foundations and SSOs Vendors then build on top of the common open source platform Certification program may follow 13

14 Current example: the IoT A large array of organizations have been formed, including: The Thread Group (Google, ARM, Samsung): low-power mesh network protocols based on existing standards other than WiFi, Bluetooth OpenInterconnect Consortium (Intel, Samsung, Dell): wireless connectivity standards based on Wifi, Bluetooth, etc.; open source reference implementation to follow AllSeen Alliance (Qualcomm, Cisco, Microsoft; hosted by Linux Foundation): open source platform; may do APIs in code and specification form Hypercat (UK based; IBM, ARM, BT): standards for thin interoperability layer to allow queries between devices and hubs Industrial Internet Consortium (OMG hosted; IBM, Intel, AT&T, GE, Cisco): apps for commercial settings onem2m (multiple SSOs) standards framework for communication and services in broad array of market settings 14

15 Is this Convergence Good or Bad? Positive aspects: Provides a new approach to solve complex problems Broadens opportunities for innovation Able to address cross-sectoral challenges Provides a faster time to market solution Lowers per-participant development costs Reduces risk of lock in Negative aspects: Provides more opportunities for overlap and duplication May delay emergence of pervasive solutions Complicates IPR landscape since standards remain essential Leaves IPR reconciliation burden on standards organizations 15

16 Resources ConsortiumInfo.org A Concise Introduction to Free and Open Source Software - Significant Open Source Foundations MetaLibrary/Open Source Linux Foundation Collaborative Projects Eclipse Foundation Projects Apache Foundation Projects 16

17 QUESTIONS? 17

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