Open Source What it is What it is not Why it is Where to go with it.
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Transcript of Open Source What it is What it is not Why it is Where to go with it.
Open SourceOpen SourceWhat it is What it is
What it is notWhat it is notWhy it isWhy it is
Where to go with itWhere to go with it
What is Openness?What is Openness? Openness is a characteristic based on accessibility and Openness is a characteristic based on accessibility and
responsivenessresponsiveness
Most products, services, or processes are neither open nor closed, Most products, services, or processes are neither open nor closed, but can be placed on a continuum of opennessbut can be placed on a continuum of openness
Moving towards openness means increasing accessibility and Moving towards openness means increasing accessibility and responsivenessresponsiveness
The degree of openness required depends on the purpose of the The degree of openness required depends on the purpose of the activity and the need to exercise judgment and controlactivity and the need to exercise judgment and control
Never Shared
Proprietary Software
Open Source
Wikipedia
Freely Given
WWW
New Architecture Enabling New Architecture Enabling Participation by OpennessParticipation by Openness
LinuxLinux
WikipediaWikipedia
SETI—world’s fastest supercomputerSETI—world’s fastest supercomputer
NapsterNapster
FlickrFlickr
Podcasting, blogsPodcasting, blogs
Second Life Second Life
E-Bay listings, ratingsE-Bay listings, ratings
Amazon reviews, recommendationsAmazon reviews, recommendations
YouTubeYouTube
OSS PenetrationOSS Penetration
Big share of cyberinfrastructure:Big share of cyberinfrastructure: web servers (70%: apache)web servers (70%: apache) mail servers (about 50%: sendmail, exim, mail servers (about 50%: sendmail, exim,
postfix)postfix) scripting languages (perl, php)scripting languages (perl, php) domain name systemdomain name system
User SideUser Side web browsers (Firefox)web browsers (Firefox) office applications (OpenOffice)office applications (OpenOffice)
Debunking Open Source MythsDebunking Open Source Myths
Free LunchFree Lunch Free BeerFree Beer
Free SpeechFree Speech Free of BillFree of Bill Free of AmericaFree of America Free to Do what I want any ol’ timeFree to Do what I want any ol’ time Debunking Urban MythsDebunking Urban Myths
Open Source is just a way to publish -- NoOpen Source is just a way to publish -- No Open Source is Public Domain -- NoOpen Source is Public Domain -- No Open Source is Viral – Not NecessarilyOpen Source is Viral – Not Necessarily Open Source is Immune from Patent Rights – NoOpen Source is Immune from Patent Rights – No
Open Source Development ModelOpen Source Development Model
volunteer
volunteer
volunteer
volunteer
Project lead
OSS as Composite of IPsOSS as Composite of IPs
CopyrightCopyright Trade SecretsTrade Secrets PatentsPatents Technology TransferTechnology Transfer
Licenses are Contracts too!Licenses are Contracts too! Reverse Engineer RightsReverse Engineer Rights
How are these Ltd?How are these Ltd? DMCA standard technical protectionsDMCA standard technical protections EULA decompilation restrictionEULA decompilation restriction Unlicensed “practicing” Unlicensed “practicing”
OSS as Overcoming the IP StraightJacketOSS as Overcoming the IP StraightJacket
Central vs. Distributed Control Central vs. Distributed Control
DesignDesign OrganizationOrganization OwnershipOwnership ControlControl Benefits: metering, value captureBenefits: metering, value capture
Project (product?) Governance?Project (product?) Governance?
Board
Requirements Architecture Development
Leader
Leader Leader
Leader
Leader
Consensus
Governance:
Specifying the decision rights and accountability framework to encourage desirable behavior to achieve an objective
Adapted from IT Governance, Weill & Ross, 2004
Proprietary vs. Public GoodsProprietary vs. Public Goods
IncentivesIncentivesBenefit CaptureBenefit CaptureControl Control Access Access
Some ImmutablesSome Immutables
IPIP Royalty Rates & Business ModelsRoyalty Rates & Business Models InfringementInfringement
Industrial OrganizationIndustrial Organization AntitrustAntitrust Viscerality of Feudalism Viscerality of Feudalism
Royalty againRoyalty again
Communities are fun Communities are fun Software is a “Build Thing”Software is a “Build Thing”
1st Creators, Follow-On 1st Creators, Follow-On Innovators & IPInnovators & IP
Every innovation has a first creator and potential follow-Every innovation has a first creator and potential follow-on innovatorson innovators
Creating or restricting rights of first creators or follow-on Creating or restricting rights of first creators or follow-on innovators through IP rights are just like taxing one or innovators through IP rights are just like taxing one or the otherthe other
Too high a tax on either group results in under- Too high a tax on either group results in under- production of innovation production of innovation
Every first creator is “Standing on the shoulders of Every first creator is “Standing on the shoulders of giants” (Newton)giants” (Newton)
There are far more follow-on innovators than first There are far more follow-on innovators than first creators and they may bring new insightscreators and they may bring new insights
The key task of IP Policy balancing to produce the The key task of IP Policy balancing to produce the greatest possible innovationgreatest possible innovation
CopyrightCopyright
Originality Originality Min. personal creativity/intellect requiredMin. personal creativity/intellect required
Works of Authorship Works of Authorship General categories under §102(a) General categories under §102(a)
Fixation in Tangible MediumFixation in Tangible Medium Expression Expression Generally Facts/Data Not Copyrightable Generally Facts/Data Not Copyrightable
Bundle of Rights under Copyright Bundle of Rights under Copyright
Reproduce Reproduce Derivative Works Derivative Works Distribution Distribution Performance Performance Display Display License License Assignment Assignment
What IP is in Open Source?What IP is in Open Source?
Copyright Still Exists in SoftwareCopyright Still Exists in Software And the Open Source Development Model is And the Open Source Development Model is
Premised on ThatPremised on That Copyright is an intangible right – it exists Copyright is an intangible right – it exists
independent of the codeindependent of the code
Copyright Attaches On Creation of Original CodeCopyright Attaches On Creation of Original Code Copyright Notice and Registration Not RequiredCopyright Notice and Registration Not Required Ownership Initially Vests in Authors or InstitutionOwnership Initially Vests in Authors or Institution
Trade SecretsTrade Secrets
InformationInformation (formula, pattern, (formula, pattern, compilation, program, device, method, compilation, program, device, method, technique or process) technique or process)
Derives Derives independent economic valueindependent economic value from from secrecysecrecy or by proper means or by proper means discovery by potential competitors, and discovery by potential competitors, and
Subject of efforts, reasonableSubject of efforts, reasonable under the under the circumstances, to circumstances, to maintain secrecymaintain secrecy
Misappropriation is Wrongful Misappropriation is Wrongful
Acquired through Acquired through improper means improper means Acquired from another Acquired from another knowing knowing improper improper
means was used means was used Use or disclosure knowing Use or disclosure knowing violates duty of violates duty of
silence silence Use or disclosure knowing Use or disclosure knowing acquired by acquired by
improper means improper means Use or disclosure knowing Use or disclosure knowing acquired acquired
through fiduciary breach through fiduciary breach
Proper Means of Discovery Proper Means of Discovery
Reverse EngineeringReverse Engineering Exceptions: DMCA, EULA restrictionExceptions: DMCA, EULA restriction
Independent InventionIndependent Invention Exposure from Public View or DisplayExposure from Public View or Display Discovered from Published Literature Discovered from Published Literature Discovered from License, Unless Discovered from License, Unless
Confidentiality Term OtherwiseConfidentiality Term Otherwise
PatentPatent
Patentable Subject Matter Patentable Subject Matter Process (BMP, S/W)Process (BMP, S/W) Machine Machine Manufacture Manufacture Composition of Matter (bio-tech)Composition of Matter (bio-tech)
Novelty, Non-Obviousness, Utility Novelty, Non-Obviousness, Utility New, Useful & Human-made New, Useful & Human-made
TrademarkTrademark
Word, Name, Symbol, Word, Name, Symbol, DeviceDevice Recently: color, sound, Recently: color, sound,
smell smell
Identifies Source of Identifies Source of Goods or Services Goods or Services
Distinguishes from Distinguishes from competitors using competitors using Spectrum of Spectrum of DistinctivenessDistinctiveness
Generic Generic Descriptive Descriptive Suggestive Suggestive Arbitrary or fanciful Arbitrary or fanciful
Legal Tools for Technology TransferLegal Tools for Technology Transfer Assignments Assignments Licensing: Licensing:
software “sales,” website EULAsoftware “sales,” website EULA scope, scope, duration, duration, fields of use, fields of use, compensation, compensation, geographic limitsgeographic limits
Shop Rights Shop Rights Work Made for Hire; Hired to Invent; M-S & S/E Work Made for Hire; Hired to Invent; M-S & S/E Confidentiality Duties: Non Disclosure Agreements Confidentiality Duties: Non Disclosure Agreements
(NDA) (NDA) Non-Competition Agreements (non-competes) Non-Competition Agreements (non-competes)
Emerging Inevitable Disclosure DoctrineEmerging Inevitable Disclosure Doctrine Leasing, FranchisingLeasing, Franchising
License PricingLicense Pricing
Fixed price for deliverable irrespective of Fixed price for deliverable irrespective of development time or expenses development time or expenses
Metering: pay/use/time/MIPS Metering: pay/use/time/MIPS Delivery, Installation, Prove working, Periodic Delivery, Installation, Prove working, Periodic
installments, Upgradesinstallments, Upgrades Hybrid of compensations Hybrid of compensations Application Service Providers Application Service Providers
So . . . Which do you use: So . . . Which do you use: Proprietary v Free v Open? Proprietary v Free v Open?
Proprietary SoftwareProprietary SoftwareOpen Source SoftwareOpen Source SoftwareFreeware SoftwareFreeware Software
Advantages: Advantages: Proprietary SoftwareProprietary Software
Indemnification for title & infringement ;Indemnification for title & infringement ; Maintenance and support;Maintenance and support; Licensee doesn’t have to have open source Licensee doesn’t have to have open source
savvy staff; savvy staff; Licensees’ rights if: Licensees’ rights if:
media is defective; media is defective; software contains viruses, backdoors, etc.;software contains viruses, backdoors, etc.; product fails to meet written technical/business product fails to meet written technical/business
specifications. specifications.
Disadvantages: Disadvantages: Proprietary SoftwareProprietary Software
COST!COST! License feeLicense fee Product bundling—example: Microsoft office.Product bundling—example: Microsoft office.
Licensee cannot modify or enhance the code;Licensee cannot modify or enhance the code; Often not built to open standards, leading to Often not built to open standards, leading to
interoperability problems;interoperability problems; Shut off from continuing development and Shut off from continuing development and
information sharing in open source community;information sharing in open source community; Some proprietary code is not as good as its Some proprietary code is not as good as its
open source counterparts.open source counterparts.
Advantages: Advantages: Open Source LicenseOpen Source License
PRICE: Generally no or low license fees;PRICE: Generally no or low license fees; Availability of source code coupled with Availability of source code coupled with
permission to make modifications;permission to make modifications; Access open source development community, Access open source development community,
which may be very active with respect to code which may be very active with respect to code used. Continuing improvement; outstanding used. Continuing improvement; outstanding development;development;
More likely to be built to open standards, so More likely to be built to open standards, so interoperable with other open standards interoperable with other open standards systems.systems.
Open source licensingOpen source licensing
The The licencelicence is what determines whether is what determines whether software is open sourcesoftware is open source
The licence must be approved by the Open The licence must be approved by the Open Source Initiative (www.opensource.org)Source Initiative (www.opensource.org)
All approved licences meet their Open Source All approved licences meet their Open Source Definition Definition (www.opensource.org/docs/definition.php)(www.opensource.org/docs/definition.php)
Approved licences >50 Approved licences >50 EXs: GPL, LGPL, MPL, BSDEXs: GPL, LGPL, MPL, BSD
http://www.opensource.org/licenseshttp://www.opensource.org/licenses
Source Code EscrowSource Code Escrow Client or 3d party retains source code to prevent Client or 3d party retains source code to prevent
competitor use competitor use Seller or 3d party retains source code to assure Seller or 3d party retains source code to assure
paymentspayments Network effect: lock in leverage Network effect: lock in leverage
Independent 3d party source code firms Independent 3d party source code firms Escrow agreement defines rightful releaseEscrow agreement defines rightful release
Open Source Software – Open Source Software – Main FeaturesMain Features
Non-proprietary software which may or may not Non-proprietary software which may or may not be used commercially;be used commercially;
Typically licensed under an Open Source license Typically licensed under an Open Source license (not given away)(not given away) License terms differ from proprietary software license License terms differ from proprietary software license
termsterms
Source code is generally made availableSource code is generally made available Legal restriction on reverse engineering (under the Legal restriction on reverse engineering (under the
DMCA) do not apply. DMCA) do not apply.
Typical Proprietary Software Typical Proprietary Software LicenseLicense
Fairly standard termsFairly standard terms Source code availabilitySource code availability
Source code not provided - trying to figure out Source code not provided - trying to figure out inner workings of software through reverse inner workings of software through reverse engineering or decompiling of operating mode engineering or decompiling of operating mode is forbidden; ORis forbidden; OR
Source code provided - may or may not Source code provided - may or may not include permission to create modifications include permission to create modifications and enhancements and enhancements
Proprietary Software License Proprietary Software License terms - Licenseesterms - Licensees
Restrictions on dissemination. Licensee Restrictions on dissemination. Licensee and users strictly defined. Licensee has no and users strictly defined. Licensee has no right to share with those not defined as right to share with those not defined as licensee users in license; licensee users in license;
Licensor indemnifies licensees against Licensor indemnifies licensees against third party infringement claims;third party infringement claims;
Often, have to sign a new license each Often, have to sign a new license each time new licensee obtains the code. time new licensee obtains the code.
Proprietary Software License Proprietary Software License terms – Warranty and Supportterms – Warranty and Support Warranties provided: Warranties provided:
Defects in media and existence of viruses, Defects in media and existence of viruses, Trojan Horses, backdoors, etc;Trojan Horses, backdoors, etc;
Can negotiate for warranties re: meet Can negotiate for warranties re: meet specifications in product documentationspecifications in product documentation
Maintenance and support terms included Maintenance and support terms included (although may be in separate document).(although may be in separate document).
Open Source Software – Open Source Software – Main FeaturesMain Features
Non-proprietary software which may or may not Non-proprietary software which may or may not be used commercially;be used commercially;
Typically licensed under an Open Source license Typically licensed under an Open Source license (not given away)(not given away) License terms differ from proprietary software license License terms differ from proprietary software license
termsterms
Source code is generally made availableSource code is generally made available Legal restriction on reverse engineering (under the Legal restriction on reverse engineering (under the
DMCA) do not apply. DMCA) do not apply.
Open Source Software Open Source Software License - LicenseesLicense - Licensees
Original software owner or developer Original software owner or developer chooses to limit the rights that he asserts chooses to limit the rights that he asserts over licenseesover licensees
Licensees, subject to license terms, can:Licensees, subject to license terms, can: make and distribute copies of software;make and distribute copies of software; build upon software to create modifications or build upon software to create modifications or
other works.other works.
Open Source Software Open Source Software Licenses - Source CodeLicenses - Source Code
Source code to original product always provided;Source code to original product always provided; Licensee can modify or enhance source code Licensee can modify or enhance source code
(create “derivative works”) or include source code (create “derivative works”) or include source code with other license types (create “larger works”);with other license types (create “larger works”);
Licensee may be required to share modifications Licensee may be required to share modifications with the world (in source and/or binary form), but not with the world (in source and/or binary form), but not necessarily;necessarily;
Licensee may be prohibited from charging royalties Licensee may be prohibited from charging royalties for derivative and larger works, but not necessarily.for derivative and larger works, but not necessarily.
Open Source Software Open Source Software License – Warranties, SupportLicense – Warranties, Support
Generally, software provided “AS-IS” with Generally, software provided “AS-IS” with no warranties, warranties excluded;no warranties, warranties excluded;
No indemnification;No indemnification; No maintenance or support.No maintenance or support.
The GNU “General Public The GNU “General Public License” (GPL)License” (GPL)
No standard open source license, but GPL most No standard open source license, but GPL most widely used (roughly 85% of open source widely used (roughly 85% of open source software);software);
Terms include:Terms include: User freedom to distribute and/or modify;User freedom to distribute and/or modify; Requirement that original and modified source code be Requirement that original and modified source code be
always made available to the world under the terms of the always made available to the world under the terms of the original license;original license;
Must retain copyright notices and warranty disclaimers;Must retain copyright notices and warranty disclaimers; Does not include grant of patent licenses;Does not include grant of patent licenses; Extremely viral licenseExtremely viral license
Common Open Source ModelsCommon Open Source Models
GNU General Public License (“GPL”)GNU General Public License (“GPL”) Grants right to copy, modify and distributeGrants right to copy, modify and distribute Requires that source code be made available to Requires that source code be made available to
future licenseesfuture licensees Generally Seen as “Viral”Generally Seen as “Viral”
Applies to separate works that are Applies to separate works that are combined with distributed codecombined with distributed code
Effect may depend on how code linkedEffect may depend on how code linked Disclaims WarrantiesDisclaims Warranties May blow-up in face of patent assertionMay blow-up in face of patent assertion Proprietary distribution models difficultProprietary distribution models difficult
Common Open Source ModelsCommon Open Source Models
GNU Lesser General Public License (“LGPL”):GNU Lesser General Public License (“LGPL”): Similar to GPLSimilar to GPL Somewhat easier for licensees to combine the Somewhat easier for licensees to combine the
LGPL code with a separate program and LGPL code with a separate program and distribute the combination under separate distribute the combination under separate licenseslicenses
Often used with Open Source Libraries that are Often used with Open Source Libraries that are
compiled into an application programcompiled into an application program
Common Open Source ModelsCommon Open Source Models
BSD/MIT/Apache Style License:BSD/MIT/Apache Style License: More permissive licensesMore permissive licenses Generally allow freer distribution, modifying, and Generally allow freer distribution, modifying, and
license change; much like public domain license change; much like public domain softwaresoftware No future open source requirementNo future open source requirement
May require attributionMay require attribution Variants may include non-standard restrictionsVariants may include non-standard restrictions
E.g., no military use – but not OSI-compliantE.g., no military use – but not OSI-compliant Disclaims WarrantiesDisclaims Warranties Subject to third-party patent claimsSubject to third-party patent claims
Common Open Source ModelsCommon Open Source Models
Mozilla/IBM/AppleMozilla/IBM/Apple Style Licenses Style Licenses CCombine facets of both the GPL and ombine facets of both the GPL and
BSD style licensesBSD style licenses:: Distribution of original code (and for some, Distribution of original code (and for some,
modifications) include access to source modifications) include access to source code.code.
Not viral in reach.Not viral in reach.
Explicitly contemplate patent licenses.Explicitly contemplate patent licenses. Some provide backwards Some provide backwards
indemnification.indemnification.
The Mozilla Public LicenseThe Mozilla Public License
Developed by Netscape for the Mozilla browserDeveloped by Netscape for the Mozilla browser Terms include:Terms include:
Very similar to the GPL but,Very similar to the GPL but, Can charge royalties for modified versions;Can charge royalties for modified versions; Can include source code within larger works licensed under Can include source code within larger works licensed under
different license types, thus license does not ‘infect’ different license types, thus license does not ‘infect’ allall downstream projects;downstream projects;
Must retain copyright notices and warranty disclaimers;Must retain copyright notices and warranty disclaimers; May provide additional warranties to downstream users but may May provide additional warranties to downstream users but may
have to indemnify original developer for any claims arising as a have to indemnify original developer for any claims arising as a result;result;
Includes grant patent licenses;Includes grant patent licenses; Less viral than the GPL.Less viral than the GPL.
The IBM Public LicenseThe IBM Public License
Terms include:Terms include: User freedom to distribute and/or modify;User freedom to distribute and/or modify; No requirement for source code availability in No requirement for source code availability in
downstream distribution;downstream distribution; The program can be distributed in executable form The program can be distributed in executable form
thus allowing downstream users to develop, sell, and thus allowing downstream users to develop, sell, and install customized software packages without having install customized software packages without having to make all customizations available to the world;to make all customizations available to the world;
Must retain all copyright notices and warranty Must retain all copyright notices and warranty disclaimers;disclaimers;
Includes grant of patent licenses.Includes grant of patent licenses.
Open Software LicenseOpen Software License
Terms include:Terms include: User freedom to distribute and/or modify;User freedom to distribute and/or modify; Viral license, source code is always made available to Viral license, source code is always made available to
the world;the world; Must retain copyright notices and warranty Must retain copyright notices and warranty
disclaimers;disclaimers; Requires indemnification for attorney’s fees incurred Requires indemnification for attorney’s fees incurred
as a result of potential claims or litigation.as a result of potential claims or litigation.
The Apache Software LicenseThe Apache Software License
Governs the Apache web-server software.Governs the Apache web-server software. Terms include:Terms include:
User freedom to distribute and/or modify;User freedom to distribute and/or modify; No requirement for source code to be made available No requirement for source code to be made available
to the world in downstream distribution;to the world in downstream distribution; Must retain all copyright notices and warranty Must retain all copyright notices and warranty
disclaimers;disclaimers; Not a viral license.Not a viral license.
The FreeBSD LicenseThe FreeBSD License
Unrestrictive license:Unrestrictive license: Only requires preservation of copyright Only requires preservation of copyright
notices and warranty disclaimers.notices and warranty disclaimers.
IBM vs. SCOIBM vs. SCO
Linux kernal’s genealogy Linux kernal’s genealogy Emphasizes IBM’s role as risk underwriter Emphasizes IBM’s role as risk underwriter
What are IBM’s incentives to do so?What are IBM’s incentives to do so?
Emphasizes Fundamental OSS Risks Emphasizes Fundamental OSS Risks Composite only as robust as its weakest component Composite only as robust as its weakest component Pervasive Ignorance of Property Rights, Infringement, Pervasive Ignorance of Property Rights, Infringement,
Permission & Fair Use among OSS communityPermission & Fair Use among OSS community http://en.wikipedia.org/wiki/SCO_v._IBM_Linux_lawsuithttp://en.wikipedia.org/wiki/SCO_v._IBM_Linux_lawsuit