Free and Open Source Software (FOSS) and other Alternative License Models


Book Description

This book discusses the main legal questions raised by free and open source software (FOSS) licenses and other alternative license models, such as Creative Commons. The legal questions raised by FOSS and other alternative licenses have been the subject of an intense international debate among legal scholars and practising lawyers in the last years. Courts in different jurisdictions have confirmed that the core features of FOSS licenses are compliant with the respective applicable laws and thus enforceable in the respective jurisdictions. What is still missing so far is an in-depth comparative analysis of the legal issues raised by FOSS, Creative Commons and other alternative license on a worldwide scale. This book presents a general report on FOSS licenses and alternative license models to establish common ground and enable comparison between jurisdictions. The general report is followed by 24 national reports covering the world's most important IT-markets. General and national reports use the same structure to facilitate the comparison. The book shows that despite the differences in their origins, all FOSS projects use detailed licenses for the organisation of their communities. It also shows the differences in the proofing of these licenses by courts in some jurisdictions and the tailor-made provisions established by some legislators to solve the legal issues raised by the license model.




General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé


Book Description

This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area. ​




Understanding Open Source and Free Software Licensing


Book Description

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




Best Practices for commercial use of open source software


Book Description

This book enables you to leverage the state-of-the-art of creating open source based business models and of managing open source in the development cycle of commercial software and during due diligence in mergers and acquisitions. In addition, it provides information about why investments in open source makes sense. Practitioners, investors and consultants created this book to help professionals in the software business like investors, executives, business developers, product managers, architects, developers, quality managers, development operations managers as well as students to get acquainted and proficient in using open source products in a commercial context. First, the focus is on business model impact of open source products and open source licenses. Dr. Karl Michael Popp gives an overview of the different types of business models for open source companies. Dr. Josef Waltl shows how open source licenses and intellectual property strategies can create a unique business model based on a combination of open source and proprietary software. Then, the focus is on detection and license compliance aspects of open source software in mergers and acquisitions. The acquisition of a software vendor requires the review of intellectual property rights including open source license compliance as described by Dr. Karl Michael Popp. The following new chapter, authored by Joseph Jacks from OSS Capital, provides fundamentals of the open source business by elaborating on value creation and value capture for commercial open source companies. Then, two chapters cover the offerings of tool vendors for governance of open source software but also for development enablement. First, Bill Weinberg and Greg Olsen show the broad offering of solutions of Black Duck Software, a provider for open source governance and enablement tools. The next, new chapter, provided by Snyk, focuses on development aspects of using open source software as part of commercial products like assistance for developers in selection and in continuously updating open source components during the software development lifecycle.




Free and Open Source Software


Book Description

FOSS (free and open-source) software can be classified as free and open-source software. This means that anyone can freely copy, study, modify, and alter the software in any way. The source code is also openly shared to encourage people to improve the software's design. This contrasts with proprietary software which is subject to restrictive copyright licensing, and where the source code is often hidden from users. FOSS preserves software users' civil liberty rights (see below, the Four Essential Freedoms). FOSS also offers many benefits, including lower software costs, greater security and stability (especially with regard to malware), protection of privacy, education and more control over hardware. Open-source and free operating systems like Linux and the descendants of BSD are used widely today to power millions of computers, smartphones, tablets, and other devices. Many software packages use open-source and free-software licenses. Many software packages use open-source and free-software licenses. The online social movements behind widespread production of FOSS are the free-software movement (or FLOSS) and the open-source movement (or free/libre). OVERVIEW OF FOSS FOSS (free and open-source) refers to software that can be considered free and open-source. FOSS (free-and open-source software), allows users to inspect the source code. It also provides greater control over the software's functions than proprietary software. The term "free software", however, does not refer only to the cost of the software. It also refers to whether the license protects civil liberties (free as in free speech and not like "free beer") There are many related terms and abbreviations to free and open source software (FOSS and F/OSS), free/libre, and open-source (FLOSS and F/LOSS) that FSF prefers over FOSS. Free or free/libre is their preferred term.




Music Borrowing and Copyright Law


Book Description

This ground-breaking book examines the multifaceted dynamics between copyright law and music borrowing within a rich diversity of music genres from across the world. It evaluates how copyright laws under different generic conventions may influence, or are influenced by, time-honoured creative borrowing practices. Leading experts from around the world scrutinise a carefully selected range of musical genres, including pop, hip-hop, jazz, blues, electronic and dance music, as well as a diversity of region-specific genres, such as Jamaican music, River Plate Tango, Irish folk music, Hungarian folk music, Flamenco, Indian traditional music, Australian indigenous music, Maori music and many others. This genre-conscious analysis builds on a theoretical section in which musicologists and lawyers offer their insights into fundamental issues concerning music genre categorisation, the typology of music borrowing and copyright law's ontological struggle with musical borrowing in theory and practice. The chapters are threaded together by a central theme, ie, that the cumulative nature of music creativity is the result of collective bargaining processes among many 'musicking' parties that have socially constructed creative music authorship under a rich mix of generic conventions.




Open Source Approaches in Spatial Data Handling


Book Description

The role open-source geospatial software plays in data handling within the spatial information technology industry is the overarching theme of the book. It also examines new tools and applications for those already using OS approaches to software development.




Digitization, Copyright and the Law


Book Description

This book discusses copyleft and its impact on the traditional way to conceive of property. It is specifically focused on the European and international juridical framework. Analysing the impact of digitalization on copyright and the potential effect of copyleft in the European market and within a European and international juridical framework, this book explores the complex evolutionary framework which charts the reduction of physical property and the progressive expansion of intangible assets. Although digitalization enables more accessibility than ever before, this impacts traditional intellectual property frameworks. Evaluating common traits of ownership structure, the book considers the challenges that intangible property, open source and creative commons present to the current legal system. Examining the impact of copyleft on copyright and the law of ownership, the book considers the rights of authors and creators, legal limits and complications arising from these new forms of ownership of intangible assets. The book is grounded in the European potential regulatory framework of copyleft through movements like open-source software. The book will be of interest to students, academics and practitioners with an interest in contract law, property law and intellectual property law.




Open Source Licensing


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