Open Source Licensing

The book wraps up with a look at the legal effects--both positive and negative--of open source/free software licensing.

"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

If you've held back from developing open source or free software projects because you don't understand the implications of the various licenses, you're not alone. Many developers believe in releasing their software freely, but have hesitated to do so because they're concerned about losing control over their software. Licensing issues are complicated, and both the facts and fallacies you hear word-of-mouth can add to the confusion.Understanding Open Source and Free Software Licensing helps you make sense of the different options available to you. This concise guide focuses on annotated licenses, offering an in-depth explanation of how they compare and interoperate, and how license choices affect project possibilities. Written in clear language that you don't have to be a lawyer to understand, the book answers such questions as: What rights am I giving up? How will my use of OS/FS licensing affect future users or future developers? Does a particular use of this software--such as combining it with proprietary software--leave me vulnerable to lawsuits?Following a quick look at copyright law, contracts, and the definition of "open source," the book tackles the spectrum of licensing, including: The MIT (or X), BSD, Apache and Academic Free licenses The GPL, LGPL, and Mozilla licenses The QT, Artistic, and Creative Commons licenses Classic Proprietary licenses Sun Community Source license and Microsoft Shared Source project The book wraps up with a look at the legal effects--both positive and negative--of open source/free software licensing.Licensing is a major part of what open source and free software are all about, but it's still one of the most complicated areas of law. Even the very simple licenses are tricky. Understanding Open Source and Free Software Licensing bridges the gap between the open source vision and the practical implications of its legal underpinnings. If open source and free software licenses interest you, this book will help you understand them. If you're an open source/free software developer, this book is an absolute necessity.

"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.

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.