The International Free and Open Source Software Law Book


Book Description

As legal systems differ throughout the world there are significant differences in how Free and Open Source Software licenses are treated in different countries, and it can be difficult to obtain reliable information on national interpretations. The International Free and Open Source Software Law Book engages with this by providing a clear yet thorough analysis of Free and Open Source legal matters written and maintained by local experts. The publication is targeted towards lawyers, jurists and academics, and positioned as an international bench mark reference work. It provides an introduction to software protection, a general analysis of FOSS under local legislation and an overview of local FOSS cases (if any) for each country covered. The 2nd edition of the book features both new and updated chapters to ensure professionals remain abreast of the latest developments and market growth of Open Source.




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.




Handbook of Research on Open Source Software: Technological, Economic, and Social Perspectives


Book Description

This handbook of research is one of the few texts to combine Open Source Software (OSS) in public and private sector activities into a single reference source. It examines how the use of OSS affects practices in society, business, government, education, and law.




The Success of Open Source


Book Description

Much of the innovative programming that powers the Internet, creates operating systems, and produces software is the result of "open source" code, that is, code that is freely distributed--as opposed to being kept secret--by those who write it. Leaving source code open has generated some of the most sophisticated developments in computer technology, including, most notably, Linux and Apache, which pose a significant challenge to Microsoft in the marketplace. As Steven Weber discusses, open source's success in a highly competitive industry has subverted many assumptions about how businesses are run, and how intellectual products are created and protected. Traditionally, intellectual property law has allowed companies to control knowledge and has guarded the rights of the innovator, at the expense of industry-wide cooperation. In turn, engineers of new software code are richly rewarded; but, as Weber shows, in spite of the conventional wisdom that innovation is driven by the promise of individual and corporate wealth, ensuring the free distribution of code among computer programmers can empower a more effective process for building intellectual products. In the case of Open Source, independent programmers--sometimes hundreds or thousands of them--make unpaid contributions to software that develops organically, through trial and error. Weber argues that the success of open source is not a freakish exception to economic principles. The open source community is guided by standards, rules, decisionmaking procedures, and sanctioning mechanisms. Weber explains the political and economic dynamics of this mysterious but important market development. Table of Contents: Preface 1. Property and the Problem of Software 2. The Early History of Open Source 3. What Is Open Source and How Does It Work? 4. A Maturing Model of Production 5. Explaining Open Source: Microfoundations 6. Explaining Open Source: Macro-Organization 7. Business Models and the Law 8. The Code That Changed the World? Notes Index Reviews of this book: In the world of open-source software, true believers can be a fervent bunch. Linux, for example, may act as a credo as well as an operating system. But there is much substance beyond zealotry, says Steven Weber, the author of The Success of Open Source...An open-source operating system offers its source code up to be played with, extended, debugged, and otherwise tweaked in an orgy of user collaboration. The author traces the roots of that ethos and process in the early years of computers...He also analyzes the interface between open source and the worlds of business and law, as well as wider issues in the clash between hierarchical structures and networks, a subject with relevance beyond the software industry to the war on terrorism. --Nina C. Ayoub, Chronicle of Higher Education Reviews of this book: A valuable new account of the [open-source software] movement. --Edward Rothstein, New York Times We can blindly continue to develop, reward, protect, and organize around knowledge assets on the comfortable assumption that their traditional property rights remain inviolate. Or we can listen to Steven Weber and begin to make our peace with the uncomfortable fact that the very foundations of our familiar "knowledge as property" world have irrevocably shifted. --Alan Kantrow, Chief Knowledge Officer, Monitor Group Ever since the invention of agriculture, human beings have had only three social-engineering tools for organizing any large-scale division of labor: markets (and the carrots of material benefits they offer), hierarchies (and the sticks of punishment they impose), and charisma (and the promises of rapture they offer). Now there is the possibility of a fourth mode of effective social organization--one that we perhaps see in embryo in the creation and maintenance of open-source software. My Berkeley colleague Steven Weber's book is a brilliant exploration of this fascinating topic. --J. Bradford DeLong, Department of Economics, University of California at Berkeley Steven Weber has produced a significant, insightful book that is both smart and important. The most impressive achievement of this volume is that Weber has spent the time to learn and think about the technological, sociological, business, and legal perspectives related to open source. The Success of Open Source is timely and more thought provoking than almost anything I've come across in the past several years. It deserves careful reading by a wide audience. --Jonathan Aronson, Annenberg School for Communication, University of Southern California




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.




Computing Handbook


Book Description

The first volume of this popular handbook mirrors the modern taxonomy of computer science and software engineering as described by the Association for Computing Machinery (ACM) and the IEEE Computer Society (IEEE-CS). Written by established leading experts and influential young researchers, it examines the elements involved in designing and implementing software, new areas in which computers are being used, and ways to solve computing problems. The book also explores our current understanding of software engineering and its effect on the practice of software development and the education of software professionals.




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




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. ​




Perspectives on Free and Open Source Software


Book Description

Leading Free and Open Source software researchers and analysts consider the status of the open source revolution and its effect on industry and society.




Digital Copyright


Book Description

The first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers' rights, moral rights, database rights and competition law as a subject in its own right. Updated editions have included the UK implementation of the 2001 Information Society Directive and commentary on user-generated content and the development of Web 2.0 and beyond. Now in its fourth edition, the book has been updated and revised to take account of legal and policy developments in copyright law and related areas, in particular the increasing role of the Court of Justice of the European Union in shaping EU copyright law. The book helps put digital copyright law and policy into perspective and provides practical guidance for those creating or exploiting digital content or technology, whether in academia, the software, information, publishing and creative industries, and other areas of the economy. The focus is on the specifics of the law in this area together with practical aspects, including precedents and precedent checklists dealing with common digital copyright transactions. The latest edition has been expanded to include a discussion of Open Access, eBooks and app development and licensing. Both academics and practitioners will find the book an invaluable guide to this rapidly developing field of law.