1. Open Source & Research Brought to you by: Office of Technology Licensing Office of the General Counsel Stanford University Jim DeGraw Ray Zado Ropes & Gray LLP Feb. 2005 Fish & Neave IP Group

2. Goals Understand What Open Source Is Understand What Open Source Is Not Appreciate The Impact of the Open Source Model Appreciate Your Responsibilities in Using Open Source Appreciate the Impact of Releasing Open Source Code

3. Debunking Urban Myths Open Source is just a way to publish -- No Open Source is Public Domain -- No Open Source is Viral – Not Necessarily Open Source is Immune from Patent Rights – No

4. What Is Open Source? Open Source is a development model volunteer Project lead

5. What is Open Source? Copyright Still Exists in Software And the Open Source Development Model is Premised on That Copyright is an intangible right – it exists independent of the code Copyright Attaches On Creation of Original Code Copyright Notice and Registration Not Required Ownership Initially Vests in Authors or Institution

6. What is Open Source? By Distributing Code Under an Open Source Model, the Owner is Not Dedicating the Code to Public Domain Is Attaching Strings to Recipient’s Use

7. What is Open Source? Open Source is a licensing distribution model too In many ways, just like commercial software You need to pay attention to restrictions and obligations There are many kinds of Open Source licensing models GNU General Public License ( “ GPL ” ) GNU Lesser General Public License ( “ LGPL ” ) BSD, MIT, Apache Mozilla, IBM, Apple, Sun

8. Common Open Source Models GNU General Public License ( “ GPL ” ) Grants right to copy, modify and distribute Requires that source code be made available to future licensees Generally Seen as “ Viral ” Applies to separate works that are combined with distributed code Effect may depend on how code linked Disclaims Warranties May blow-up in face of patent assertion Proprietary distribution models difficult

9. Common Open Source Models GNU Lesser General Public License ( “ LGPL ” ): Similar to GPL Somewhat easier for licensees to combine the LGPL code with a separate program and distribute the combination under separate licenses Often used with Open Source Libraries that are compiled into an application program

10. Common Open Source Models BSD/MIT/Apache Style License: More permissive licenses Generally allow freer distribution, modifying, and license change; much like public domain software No future open source requirement May require attribution Variants may include non-standard restrictions E.g., no military use – but not OSI-compliant Disclaims Warranties Subject to third-party patent claims

11. Common Open Source Models Mozilla/IBM/Apple Style Licenses Combine facets of both the GPL and BSD style licenses: Distribution of original code (and for some, modifications) include access to source code. Not viral in reach. Explicitly contemplate patent licenses. Some provide backwards indemnification.

12. Open Source Thoughts Some Practical Points Can I Open Source at Stanford? Can I Create Proprietary Code?

13. Some Differences Handling Modifications Changes to a code obtained under a BSD style license may be licensed under any combination of proprietary and open source licenses. Changes to code obtained under a GPL, LGPL or Mozilla style license generally may not be licensed under a proprietary license. Although the original creator may use a proprietary model too. Patent Licensing

14. Potential Drawbacks Infringement Liability Wrongful inclusion of third party code (e.g., SCO) Patents AS IS Code: No indemnification, Limited Recourse Code Forking Service Business Models Data Sharing Business Models

15. Potential Drawbacks Inconsistent Third Party Obligations Detriment to Commercial Potential

16. What About Stanford Research? Can I Use Open Sourced Code? Can I Open Source My Research? Which Open Source License Should I Use? Can OTL License an Open Source Project?

17. Can You Use Available Open Source Code? Why? Building on Earlier Open Source Effort? Neat Trick / Short Cut? Avoid Plagiarism Open Source Target? Any Existing Restrictions? Sponsoring Arrangements? PI Restrictions? Can You Trust Your Source? Can You Comply with OS License Restrictions? Can You Manage the Code?

18. Can I Open Source My Research? Why? Have You Considered Publishing as an Alternative? Who Has Rights In It? Stanford?  See Stanford Copyright Policy (RPH 5.2) Third Parties?  Code  Sponsors Colleagues? Faculty / PI?

19. Can I Open Source My Research? Do You Need Approvals? Faculty / PI Dean of Research Conflict of Interest Considerations What Are You Open Sourcing? No Third Party Code Unless Open Source / Public Domain

20. Open Source Options There is no Stanford form Open Source License OTL Takes No Position on the Alternatives Considerations: Look to the Existing Development Model Confer and be Consistent with Colleagues Review Goals and Reasons for Open Sourcing And select a licensing model that fits it

21. Additional Resources www.opensource.org General open source tools and licenses http://creativecommons.org Q&A for reviewing models www.gnu.org All things GPL http://otl.stanford.edu

22. Thanks! Ray Zado Ropes & Gray LLP +650-617-4068 ray.zado@ropesgray.com Jim DeGraw Ropes & Gray LLP +617-951-7539 jdegraw@ropesgray.com