Book description
“I have studied Rosen’s book in detail and am
impressed with its scope and content. I strongly recommend it to
anybody interested in the current controversies surrounding open
source licensing.”
—John Terpstra, Samba.org; cofounder, Samba-Team
“Linux and open source software have forever altered the
computing landscape. The important conversations no longer revolve
around the technology but rather the business and legal issues.
Rosen’s book is must reading for anyone using or providing
open source solutions.”
—Stuart Open Source Development Labs
A Complete Guide to the Law of Open Source for Developers, Managers, and Lawyers
Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work—and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today’s leading licenses, and helps you make the best choices for your project or organization. Coverage includes:
Explanation of why the SCO litigation and other attacks won’t derail open source
Dispelling the myths of open source licensing
Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks
“Academic licenses”: BSD, MIT, Apache, and beyond
The “reciprocal bargain” at the heart of the GPL
Alternative licenses: Mozilla, CPL, OSL and AFL
Benefits of open source, and the obligations and risks facing businesses that deploy open source software
Choosing the right license: considering business models, product architecture, IP ownership,
license compatibility issues, relicensing, and more
Enforcing the terms and conditions of open source licenses
Shared source, eventual source, and other alternative models to open source
Protecting yourself against lawsuits
Table of contents
- Copyright
- Acknowledgments
- Foreword
- Preamble
- Freedom and Open Source
-
Intellectual Property
- Dominion Over Property
- Right Brain and Left Brain
- Acquiring Copyrights and Patents
- Original Works of Authorship
- Works Made for Hire
- Exclusive Rights of Copyright and Patent Owners
- Copies
- Exceptions to the Exclusive Right to Make Copies
- Collective and Derivative Works
- The Chain of Title for Copyright
- The Chain of Title for Patents
- Joint Works
- Assigning Ownership
- Duration of Copyright and Patent
- Trademarks
- Exceptions to Intellectual Property Protection
- Distribution of Software
- Taxonomy of Licenses
-
Academic Licenses
- The BSD Gift of Freedom
- BSD License as Template
- The BSD License Grant
- Source and Binary Forms of Code
- Conditions under the BSD
- Warranty and Liability Disclaimer
- The MIT License
- The Right to Sublicense
- The Warranty of Noninfringement
- The Apache License
- Protecting Trademarks
- The Apache Contributor License Agreement
- The Artistic License
- License Preambles
- When Amateurs Write Licenses
- Big Picture of Academic Licenses
- Apache License Version 2.0
-
Reciprocity and the GPL
- The GPL Bargain
- Copyleft and Reciprocity
- Policy Objectives
- The Preamble to the GPL
- GPL as Template
- The GPL Applies to Programs
- Linking to GPL Software
- Copyright Law and Linking
- The LGPL Alternative
- GPL Grant of License
- Access to Source Code
- “At No Charge”
- Other Obligations in the GPL
- The GPL and Patents
- Accepting the GPL
- The Mozilla Public License (MPL)
- The Common Public License (CPL)
-
The OSL and the AFL
- Academic or Reciprocal?
- Initial Paragraph of OSL/AFL
- 1. Grant of Copyright License
- 2. Grant of Patent License
- 3. Grant of Source Code License
- 4. Exclusions from License Grant
- 5. External Deployment
- 6. Attribution Rights
- 7. Warranty of Provenance and Disclaimer of Warranty
- 8. Limitation of Liability
- 9. Acceptance and Termination
- 10. Termination for Patent Action
- 11. Jurisdiction, Venue, and Governing Law
- 12. Attorneys' Fees
- 13. Miscellaneous
- 14. Definition of “You” in This License
- 15. Right to Use
- Copyright and Licensing Notice
- Choosing an Open Source License
- Shared Source, Eventual Source, and Other Licensing Models
- Open Source Litigation
-
Open Standards
- Defining Open Standards
- Open Specifications
- Enforcing the Standard by Copyright Restrictions
- Licensing the Test Suite: The Open Group License
- Discouraging Forks: Sun's SISSL
- Patents on Open Standards
- Reasonable and Nondiscriminatory
- Royalty Free
- The W3C Patent License
- Justifying Open Standards and Open Source
- The Open Source Paradigm
-
Appendices
- BSD License
- MIT License
- Apache License
- The Apache Contributor License Agreement
- Artistic License
- General Public License (GPL)
- Lesser General Public License (LGPL)
- Mozilla Public License (MPL)
- Common Public License (CPL)
- Open Software License (OSL) and Academic Free License (AFL)
- Licensed under the Open Software License version 2.0
- About the Author
- Index
Product information
- Title: Open Source Licensing: Software Freedom and Intellectual Property Law
- Author(s):
- Release date: July 2004
- Publisher(s): Pearson
- ISBN: 0131487876
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