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Open Source Licensing: Software Freedom and Intellectual Property Law

Open Source Licensing: Software Freedom and Intellectual Property Law

          
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About the Book

“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 LabsA Complete Guide to the Law of Open Source for Developers, Managers, and LawyersNow 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:
Foreword xv Preamble xix Chapter 1: Freedom and Open Source 1The Language of Freedom 1 Defining Open Source 2 Open Source Principles 8 Chapter 2: Intellectual Property 13Dominion Over Property 13 Right Brain and Left Brain 15 Acquiring Copyrights and Patents 17 Original Works of Authorship 19 Works Made for Hire 20 Exclusive Rights of Copyright and Patent Owners 22 Copies 24 Exceptions to the Exclusive Right to Make Copies 25 Collective and Derivative Works 26 The Chain of Title for Copyright 28 The Chain of Title for Patents 30 Joint Works 32 Assigning Ownership 33 Duration of Copyright and Patent 36 Trademarks 37 Exceptions to Intellectual Property Protection 39 Chapter 3: Distribution of Software 41Contributors and Distributors 41 Distribution 42 Open Source Collaboration 43 Contributor Agreements 45 What About Users? 49 Chapter 4: Taxonomy of Licenses 51What Is a License? 51 Bare Licenses 53 Licenses as Contracts 57 Patent Licenses 66 Template Licenses 68 Types of Open Source Licenses 69 Chapter 5: Academic Licenses 73The BSD Gift of Freedom 73 BSD License as Template 77 The BSD License Grant 77 Source and Binary Forms of Code 79 Conditions under the BSD 80 Warranty and Liability Disclaimer 83 The MIT License 85 The Right to Sublicense 87 The Warranty of Noninfringement 89 The Apache License 91 Protecting Trademarks 92 The Apache Contributor License Agreement 93 The Artistic License 95 License Preambles 96 When Amateurs Write Licenses 97 Big Picture of Academic Licenses 101 Apache License Version 2.0 102 Chapter 6: Reciprocity and the GPL 103The GPL Bargain 103 Copyleft and Reciprocity 105 Policy Objectives 107 The Preamble to the GPL 109 GPL as Template 112 The GPL Applies to Programs 113 Linking to GPL Software 115 Copyright Law and Linking 119 The LGPL Alternative 121 GPL Grant of License 125 Access to Source Code 128 “At No Charge” 131 Other Obligations in the GPL 133 The GPL and Patents 134 Accepting the GPL 136 Chapter 7: The Mozilla Public License (MPL) 141The Mozilla Story 141 The MPL Reciprocity Bargain 143 Contributors and Modifications 145 The MPL and Patents 147 Defending Against Patents 154 Other Important MPL License Provisions 156 Other Corporate Licenses 159 Chapter 8: The Common Public License (CPL) 161CPL as a Template 161 A Digression about Well-Written Licenses 162 Grant of Copyright and Patent Licenses 163 Reciprocity under the CPL 167 Exception to Reciprocity 168 Patent Defense 170 Defend and Indemnify 173 Ownership of the CPL License 176 Chapter 9: The OSL and the AFL 179Academic or Reciprocal? 179 Initial Paragraph of OSL/AFL 182 Copyright and Licensing Notice 225 Chapter 10: Choosing an Open Source License 229How Licenses Are Chosen 229 The Free-Rider Problem 230 Making Money from Open Source 231 In-Licensing 232 Out-Licensing 235 Contributions to Projects 238 License Compatibility for Collective Works 241 License Compatibility for Derivative Works 243 Relicensing 252 Chapter 11: Shared Source, Eventual Source, and Other Licensing Models 255Alternatives to Open Source 255 Shared Source 256 Public Source 259 Dual and Multiple Licensing 262 Eventual Source and Scheduled Licensing 264 Combining Licensing Models 267 Chapter 12: Open Source Litigation 269Owning a Cause of Action 269 Damages 271 Injunctions 274 Standing to Sue 276 Burden of Proof 277 Enforcing the Terms of a Contract 280 Disputes over Ownership of Intellectual Property 283 Disputes over Derivative Works 284 Patent Infringement Litigation 289 SCO vs. Open Source 290 Chapter 13: Open Standards 295Defining Open Standards 295 Open Specifications 296 Enforcing the Standard by Copyright Restrictions 298 Licensing the Test Suite: The Open Group License 299 Discouraging Forks: Sun’s SISSL 301 Patents on Open Standards 303 Reasonable and Nondiscriminatory 304 Royalty Free 306 The W3C Patent License 307 Justifying Open Standards and Open Source 310 The Open Source Paradigm 313Appendices 315Index 385 About the Author 397


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Product Details
  • ISBN-13: 9780131487871
  • Publisher: Pearson Education (US)
  • Publisher Imprint: Prentice Hall
  • Depth: 25
  • Language: English
  • Returnable: N
  • Spine Width: 20 mm
  • Weight: 549 gr
  • ISBN-10: 0131487876
  • Publisher Date: 05 Aug 2004
  • Binding: Paperback
  • Height: 220 mm
  • No of Pages: 424
  • Series Title: English
  • Sub Title: Software Freedom and Intellectual Property Law
  • Width: 150 mm


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