"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
"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.
The corporate market is now embracing free, "open source" software like never before, as evidenced by the recent success of the technologies underlying LAMP (Linux, Apache, MySQL, and PHP). Each is the result of a publicly collaborative process among numerous developers who volunteer their time and energy to create better software. The truth is, however, that the overwhelming majority of free software projects fail. To help you beat the odds, O'Reilly has put together Producing Open Source Software, a guide that recommends tried and true steps to help free software developers work together toward a common goal. Not just for developers who are considering starting their own free software project, this book will also help those who want to participate in the process at any level. The book tackles this very complex topic by distilling it down into easily understandable parts. Starting with the basics of project management, it details specific tools used in free software projects, including version control, IRC, bug tracking, and Wikis. Author Karl Fogel, known for his work on CVS and Subversion, offers practical advice on how to set up and use a range of tools in combination with open mailing lists and archives. He also provides several chapters on the essentials of recruiting and motivating developers, as well as how to gain much-needed publicity for your project. While managing a team of enthusiastic developers -- most of whom you've never even met -- can be challenging, it can also be fun. Producing Open Source Software takes this into account, too, as it speaks of the sheer pleasure to be had from working with a motivated team of free software developers.
This book is a user manual for understanding and deployment of open source software licensing in business. Written for lawyers and businesspeople alike, it explains and analyzes open source licensing issues, and gives practical suggestions on how to deal with open source licensing in a business context. Including useful forms, information, and both technical and licensing background, this book will help you avoid legal pitfalls and edcuate your organization about the risks of open source.
Open source software is changing the world of Information Technology. But making it work for your company is far more complicated than simply installing a copy of Linux. If you are serious about using open source to cut costs, accelerate development, and reduce vendor lock-in, you must institutionalize skills and create new ways of working. You must understand how open source is different from commercial software and what responsibilities and risks it brings. Open Source for the Enterprise is a sober guide to putting open source to work in the modern IT department. Open source software is software whose code is freely available to anyone who wants to change and redistribute it. New commercial support services, smaller licensing fees, increased collaboration, and a friendlier platform to sell products and services are just a few of the reasons open source is so attractive to IT departments. Some of the open source projects that are in current, widespread use in businesses large and small include Linux, FreeBSD, Apache, MySQL, PostgreSQL, JBOSS, and Perl. These have been used to such great effect by Google, Amazon, Yahoo!, and major commercial and financial firms, that a wave of publicity has resulted in recent years, bordering on hype. Large vendors such as IBM, Novell, and Hewlett Packard have made open source a lynchpin of their offerings. Open source has entered a new area where it is being used as a marketing device, a collaborative software development methodology, and a business model. This book provides something far more valuable than either the cheerleading or the fear-mongering one hears about open source. The authors are Dan Woods, former CTO of TheStreet.com and a consultant and author of several books about IT, and Gautam Guliani, Director of Software Architecture at Kaplan Test Prep & Admissions. Each has used open source software for some 15 years at IT departments large and small. They have collected the wisdom of a host of experts from IT departments, open source communities, and software companies. Open Source for the Enterprise provides a top to bottom view not only of the technology, but of the skills required to manage it and the organizational issues that must be addressed. Here are the sorts of questions answered in the book: Why is there a "productization gap" in most open source projects? How can the maturity of open source be evaluated? How can the ROI of open source be calculated? What skills are needed to use open source? What sorts of open source projects are appropriate for IT departments at the beginner, intermediate, advanced, and expert levels? What questions need to be answered by an open source strategy? What policies for governance can be instituted to control the adoption of open source? What new commercial services can help manage the risks of open source? Do differences in open source licenses matter? How will using open source transform an IT department? Praise for Open Source for the Enterprise:"Open Source has become a strategic business issue; decisions on how andwhere to choose to use Open Source now have a major impact on theoverall direction of IT abilities to support the business both withcapabilities and by controlling costs. This is a new game and onegenerally not covered in existing books on Open Source which continue toassume that the readers are 'deep dive' technologists, Open Source for the Enterprise provides everyone from business managers to technologistswith the balanced view that has been missing. Well worth the time toread, and also worth encouraging others in your enterprise to read as well." ----Andy Mulholland - Global CTO Capgemini "Open Source for the Enterprise is required reading for anyone workingwith or looking to adopt open source technologies in a corporateenvironment. Its practical, no-BS approach will make sure you're armedwith the information you need to deploy applications successfully (aswell as helping you know when to say "no"). If you're trying to sell opensource to management, this book will give you the ammunition you need.If you're a manager trying to drive down cost using open source, thisbook will tell you what questions to ask your staff. In short, it's aclear, concise explanation of how to successfully leverage open sourcewithout making the big mistakes that can get you fired." ----Kevin Bedell - founding editor of LinuxWorld Magazine
This unique and comprehensive resource provides you with a broad introduction to the area of software licensing in the information age. The book helps you to understand the basic philosophy and key issues of open source software development and offers expert guidance on how to draft an open source license. Drawing on the author's legal and technical background, this invaluable reference explains the legal framework that has been developed to support the increasingly popular internet-based open source and free software community.
