Open Source Licensing Software Freedom and Intellectual Property Law

ISBN-10: 0131487876
ISBN-13: 9780131487871
Edition: 2005
Authors: Lawrence Rosen
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Description: "Open Source" implies a unique way of developing and licensing software.Raymond's Cathedral and the Bazaar explained the unique character of theOpen Source development model. Rosen's Open Source Licensing explainsthe unique character of the Open  More...

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Book details

List price: $44.99
Copyright year: 2005
Publisher: Prentice Hall PTR
Publication date: 7/22/2004
Binding: Paperback
Pages: 432
Size: 6.00" wide x 8.75" long x 1.00" tall
Weight: 1.144
Language: English

"Open Source" implies a unique way of developing and licensing software.Raymond's Cathedral and the Bazaar explained the unique character of theOpen Source development model. Rosen's Open Source Licensing explainsthe unique character of the Open Source licensing model.SCO, with financial support from Microsoft, is engaged in a much-publicizedassault on Linux, and more generally, on the licensing model upon which allOpen Source software rests. In a recent filing in its case against IBM, SCOwrote: "The GPL violates the U.S. Constitution, together with copyright,antitrust and export control laws."And the implications are clear: at risk are not only the developers working onthe 68,000 Open Source projects active on SourceForge today, but also themillions of companies, schools, and organizations that deploy Open Sourcesoftware.All of this has generated a great deal of interest in the nature of Open Sourcelicenses, and the intellectual property law that underlies them. What, exactly, are the legal underpinnings of Open Source? Of the 40+ Open Source licenses, which are the most important, and why? How does a developer choose which to use? What are the risks--and obligations--to a business that deploys OpenSource. What can you a business do in the event of a lawsuit?Cover quotes from Lessig, John Terpstra of Samba.org, and Stuart Cohen--theCEO of OSDL.

Lawrence Rosenis the William Nelson Cromwell Professor of Anthropology at Princeton University and the author of many books, includingBargaining for RealityandThe Culture of Islam, both published by the University of Chicago Press. 

Foreword
Preamble
Freedom and Open Source
The Language of Freedom
Defining Open Source
Open Source Principles
Intellectual Property
Dominion Over Property
Right Brain and Left Brain
Acquiring Copyrights and Patents
Original Works of Authorship
Works Made for Hire
Exclusive Rights of Copyright and Patent Owners
Copies
Exceptions to the Exclusive Right to Make Copies
Collective and Derivative Works
The Chain of Title for Copyright
The Chain of Title for Patents
Joint Works
Assigning Ownership
Duration of Copyright and Patent
Trademarks
Exceptions to Intellectual Property Protection
Distribution of Software
Contributors and Distributors
Distribution
Open Source Collaboration
Contributor Agreements
What About Users?
Taxonomy of Licenses
What Is a License?
Bare Licenses
Licenses as Contracts
Patent Licenses
Template Licenses
Types of Open Source Licenses
Academic Licenses
The BSD Gift of Freedom
BSD License as Template
The BSD License Grant
Source and Binary Forms of Code
Conditions under the BSD
Warranty and Liability Disclaimer
The MIT License
The Right to Sublicense
The Warranty of Noninfringement
The Apache License
Protecting Trademarks
The Apache Contributor License Agreement
The Artistic License
License Preambles
When Amateurs Write Licenses
Big Picture of Academic Licenses
Apache License Version 2.0
Reciprocity and the GPL
The GPL Bargain
Copyleft and Reciprocity
Policy Objectives
The Preamble to the GPL
GPL as Template
The GPL Applies to Programs
Linking to GPL Software
Copyright Law and Linking
The LGPL Alternative
GPL Grant of License
Access to Source Code
"At No Charge"
Other Obligations in the GPL
The GPL and Patents
Accepting the GPL
The Mozilla Public License (MPL)
The Mozilla Story
The MPL Reciprocity Bargain
Contributors and Modifications
The MPL and Patents
Defending Against Patents
Other Important MPL License Provisions
Other Corporate Licenses
The Common Public License (CPL)
CPL as a Template
A Digression about Well-Written Licenses
Grant of Copyright and Patent Licenses
Reciprocity under the CPL
Exception to Reciprocity
Patent Defense
Defend and Indemnify
Ownership of the CPL License
The OSL and the AFL
Academic or Reciprocal?
Initial Paragraph of OSL/AFL
Grant of Copyright License
Grant of Patent License
Grant of Source Code License
Exclusions from License Grant
External Deployment
Attribution Rights
Warranty of Provenance and Disclaimer of Warranty
Limitation of Liability
Acceptance and Termination
Termination for Patent Action
Jurisdiction, Venue, and Governing Law
Attorneys' Fees
Miscellaneous
Definition of "You" in This License
Right to Use
Copyright and Licensing Notice
Choosing an Open Source License
How Licenses Are Chosen
The Free-Rider Problem
Making Money from Open Source
In-Licensing
Out-Licensing
Contributions to Projects
License Compatibility for Collective Works
License Compatibility for Derivative Works
Relicensing
Shared Source, Eventual Source, and Other Licensing Models
Alternatives to Open Source
Shared Source
Public Source
Dual and Multiple Licensing
Eventual Source and Scheduled Licensing
Combining Licensing Models
Open Source Litigation
Owning a Cause of Action
Damages
Injunctions
Standing to Sue
Burden of Proof
Enforcing the Terms of a Contract
Disputes over Ownership of Intellectual Property
Disputes over Derivative Works
Patent Infringement Litigation
SCO vs. Open Source
Open Standards
Defining Open Standards
Open Specifications
Enforcing the Standard by Copyright Restrictions
Licensing the Test Suite: The Open Group License
Discouraging Forks: Sun's SISSL
Patents on Open Standards
Reasonable and Nondiscriminatory
Royalty Free
The W3C Patent License
Justifying Open Standards and Open Source
The Open Source Paradigm
Appendices
Index
About the Author

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