1. Open Source Software
Yaakov (J) Stein
CTO

2. Open Source Software
Open Source Software is software provided with source code
OSS is often developed by communities, or more accurately by
a small team of developers
a large team of debuggers (“eyeballs”)
Studies have shown that use of OSS
in commercial environments
can reduce IT expenses by large factors
during the software development (hybrid software)
can reduce development cycles by orders of magnitude
So, why doesn’t everyone use OSS all the time ?
To answer that question
we need to understand some IPR law

3. IPR Intellectual property is a set of property-like rights
in intangible “creations of the mind”
such as musical, literary, technological, and artistic works
IPR jurisprudence justifies exclusive rights, in order to
motivate its creation (sweat of the brow)
stimulate economic growth
protect individual identity (moral rights)
Some forms of IPR
utility patents (inventions)
copyrights
trademarks
trade secrets
trade dress (distinctive packaging)
Industrial designs (design patents)
publicity rights (of celebrities)
geographical indications (terroir, e.g., of wine)
database rights (EU)
Works without IPR
(IPR expired, forfeited, inapplicable)
are said to be in the public domain

4. IPR law Unauthorized use of someone else’s IPR is called infringement
Infringement may be the subject of civil law or criminal law
Infringement does not necessarily require knowledge
but willful infringement may be more serious (e.g., triple damages)
IPR rights
are always limited in time duration
are usually limited to a given jurisdiction
sometimes require registration and/or examination in a jurisdiction
There are ways to legally use someone else’s IPR
assignment
exclusive license
non-exclusive license
A license is an authorization/permission by the IPR owner
to exercise a privilege that otherwise would constitute infringement
License terms often involve payments 

5. Copyright
Copyrights are IPR rights in works of art, literature, music, etc.
literary
musical
dramatic
graphic
sound recordings
architecture
software
In many jurisdictions, copyrights last for creator’s life + 70 years
The bundle of 5 exclusive rights covered by copyright
to reproduce (copy) the work
to prepare derivative works based upon the work
to distribute copies (sale, rental, lending)
to publicly perform the work
to publicly display the work

6. Coverage Copyrights only cover the method of expression
not ideas (as in patents) or raw data, thus
data (e.g., a phone book) can not be copyrighted (Feist vs Rural)
scientific facts can not be copyrighted
news can not be copyrighted
a "useful article“ can only be copyrighted if
its esthetic features are separable from its utilitarian features
Copyright law recognizes 3 types of works
original works
derivative works (e.g., translations)
compilations (e.g., anthologies)
Rights in derivative works and compilations are in addition to
and do not negate copyrights in the original work

7. Software copyrights ??????? Algorithms may be protected by patents
Databases may be protected (in the EU) by the database directive
Source code may be protected by copyrights
Some history (in the US) will help explain …
1974 Commission on New Technological Uses of Copyrighted Works
decided that computer programs, to the extent that they embody
an author's original creation, are proper subject matter of copyright
1980 US Congress added computer program to copyright law
1983 Apple vs. Franklin: Court of Appeals decides that even object code
is subject to copyright
1986 Whelan v. Jaslow, Broderbund v. Unison: extended software copyright to
structure, organization, look-and-feel
1997 No Electronic Theft Act raises criminal penalties (even w/o monetary gain)
to 5 years + 250K$ + higher civil damages, closing the LaMacchia loophole

8. Software licenses
A software license is a legal instrument (sometimes a contract)
concerning the use and redistribution of copyrighted software
As such, the software license (and its terms)
needs to be accepted by the user, e.g. by
physical signature
opening packaging (shrink wrap)
on-line clicking on agreement (click wrap)
We should distinguish between
proprietary license or End User License Agreement
grants use of a copy of the software
but the publisher retains all ownership rights
free software licenses
Some software is dual-licensed (or N-licensed)
meaning that it is available under more than one license
For example, proprietary if you pay a license fee, but free software if you don’t

9. Proprietary vs. free software
Proprietary licenses
usually have an as-is disclaimer
and often restrict
copying (except for backup)
simultaneous use by multiple users (single user/node, floating)
reverse engineering
performance tests
Free Software (defined by Richard Stallman and the Free Software Foundation )
is software that allows users to use, study, share and modify
free is used in the sense of free speech, not of free beer
Notes:
free software ≠ public domain software
free-of-charge software can have a proprietary license
public domain software need not be free software (e.g., no source code provided)
proprietary software may include source code
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, ARISING FROM USE OF THE SOFTWARE.

10. Free Software – the 4 freedoms
The FSF defines free software as providing the user 4 freedoms
0 The freedom to run the program as you wish for any purpose
1 The freedom to study how the program works, and change it so it does your computing as you wish
Requires source-code access (Open Source)
2 The freedom to redistribute copies so you can help your neighbor
3 The freedom to distribute copies of your modified versions to others, giving the whole community a chance to benefit from your changes Requires source-code access (Open Source)
The freedoms come at a cost – free software has no single owner
and so it can endlessly fork (e.g., Linux distros)

11. Open Source Software Open-source software (OSS) is software
made available with its source code
licensed with rights to study, modify, and distribute
Examples:
GNU (GNU is Not Unix)
Linux
Android (but not Apple’s iOS)
SourceForge projects
GitHub
Google Code
Open Source need not be free of charge (but often is)
Open-source software is often collaboratively developed
and its use certainly can accelerate R&D times !
OSS licenses may be permissive or copyleft
Open content is an extension to other creative works
There is Open Hardware too! (OpenCores, OHWR, Facebook’s Open Compute server)

12. Derivative works US Copyright act says :
A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a ''derivative work''.
Courts generally consider a work a derivative
only if it contains a substantial amount of the original work
What is the meaning of a derivative work for software ?
modifying source code in-place
translating source code into another programming language
certainly creates a derivative work
But different OSS licenses may add other types of derivative works, e.g.
EPL Any code in a separate file is not a derivative work
FSF Any program linking (statically or dynamically) is a derivative work

13. Copyleft For software in the public domain, anyone can
sell the software for a profit
modify and use without attribution
make derivative works (extensions, programs calling routines, etc.)
Copyleft exploits copyright law to maintain freeness
Copyleft provides rights to use/modify/distribute works
but requires the same rights (same license terms) be preserved
Copyleft generally applies to
modified versions
if you find a bug or add a feature, you must give it back to the community
derivative works
if you extend a copyleft routine/library /package (derivative work)
your work becomes copyleft too

14. Copyleft history
1976 Palo Alto Basic’s distribution notice contained a joke
COPYLEFT - ALL WRONGS RESERVED (later versions said REVERSED)
1982 Richard Stallman (EMACS) supplied his public domain LISP interpreter to a company named Symbolics
which refused to give him their improved version in return
1983 Stallman founded the GNU OSS project
1985 Stallman wrote in the GNU Manifesto:
GNU is not in the public domain. Everyone will be permitted to modify and redistribute GNU, but no distributor will be allowed to restrict its further redistribution. That is to say, proprietary modifications will not be allowed. I want to make sure that all versions of GNU remain free.

15. Code contamination
Up to now we have taken the side of the OSS developer
From a commercial software developer’s point of view
using any copylefted OSS may contaminate the codebase
By contamination we mean that in-house developed proprietary code
must be turned into OSS code under the OSS license terms
even if the OSS component is a tiny fraction of the codebase !
Consider the following hypothetical scenario
RAD puts 100 man years into developing code for product X
To save R&D time, 1 RAD programmer links to 1 copylefted library
RAD releases the product containing the copylefted code
Legally, RAD must now
publish all of its source code (which will fall into the hands of competitors and hackers)
allow anyone to modify the source code
Don’t think this can be covered up !
OSS organizations proactively look for companies that infringe
OSS scanning software exists that can detect OSS in object code!

16. Linksys case study 1988: Linksys founded, makes printer sharers, etc.
Early 1990s: Linksys develops home routers (WRT54G, …) for PC market
Linksys code is based on GPL and LGPL code
modified Linux
GNU libraries (binutils, GLibC, GNU coreutils, GNU Readline, …)
Linksys did not obey GPL terms
did not provide source code, did not GPL code
2003: Cisco acquired Linksys for $500M
2006: FSF contacted Cisco and entered negotiations on GPL compliance
2008: FSF sued Cisco for copyright infringement
(represented by the Software Freedom Law Center)
2009: settlement reached, Cisco appoints OSS director,
makes financial contribution to FSF, releases source code
2009: WRT54G becomes hacker favorite, dozens of competitors appear
2009: Linksys moves to VxWorks
2013: Cisco sells Linksys to Belkin

17. Some Open Source Licenses
There are now hundreds of Open Source licenses
Different OSS organizations
promote their own license
approve of other licenses
Some of the important ones :
MIT
BSD (several versions)
Apache (several versions)
GPL (3 versions)
LGPL (3 versions)
Linux
EPL
Mozilla Public License
Academic Free License Affero General Public License Apache Artistic ATK License Bitstream Font License Boost BSD AdClause CeCILLv2 CINT ClarifiedArtistic CMix Common Public License Common Public License CorkforkPL C reative Commons Attribution DBG License DejaVuLicense Eclipse Public License Erlang Public License Expat eZ publish Professional licence FreelyRedistributable FreeType License GL2PS GPLv1 GPLv2 GPLv2 GPLv3 Hipergate license IBM Public License ISC Jabber Kawa LGPL LGPLv2 LGPLv2.1 LGPLv3 LinkGrammarLicense LLGPL LPPL MirOS Mozilla MPL MPLv2.0 Nethack license NikoSoft Group Public License None yet OSI OpenSSL License PCRE Perl PHP PublicDomain Python2.1.1 Python2.3 Python2.5 QPL Ruby Sendmail SIL Open Font License SIP Sleepycat Standard ML of New Jersey License TclLicense Transitive Grace Period Public Licence Utopia Typeface Vim1.4 Vita Nuova Inferno 4th Edition Vita Nuova Liberal Source Licence vtiger CRM license W3C WTFPLv2 wxWindows Library X11 Xiph Youpee Zope Zlib

18. Elements of Open Source licenses
Copyright notice
Copyright (c) <year> <copyright holder>. All rights reserved.
retaining the above copyright notice (universal)
Redistributions must retain the above copyright notice.
requirement to distribute source code (otherwise not OSS)
Covered work may be distributed in object code form provided that the corresponding source code be provided by …
non-endorsement, non-promotion (common)
<copyright holder> does not endorse or promote products derived from this software.
acknowledgement in advertising (unpopular)
All advertising materials mentioning use of this software must display the following acknowledgement: This product includes software developed by the <copyright holder>.
Copyleft provisions

19. MIT license
Perhaps the simplest and most permissive OSS license is the MIT license
It is used for many popular packages (Xwindows, Ruby on Rails, Lua, …)
Copyright (c) <year> <copyright holders>
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

20. BSD license (1)
BSD is a permissive OSS license developed for Berkeley Unix
It is used widely for academic and OS-related packages, Django, …
The original Berkeley Software Distribution license was simply
Copyright (c) <year> <copyright holder>. All rights reserved.
Redistribution and use in source and binary forms are permitted provided that the above copyright notice and this paragraph are duplicated in all such forms and that any documentation, advertising materials, and other materials related to such distribution and use acknowledge that the software was developed by the <organization>.
The name of the <organization> may not be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

21. BSD license (2)
The two middle clauses were changed to a 4-clause version in 1990
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the <organization>.
Neither the name of the <organization> nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

22. BSD license (3)
The advertising (3rd) clause was considered too unpopular
which led to a revised or modified BSD license (AKA new BSD)
having only 3 clauses
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of the <organization> nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
Finally FreeBSD eliminated the non-endorsement clause too
leaving 2 clauses, and thus similar to the MIT license

23. Apache license
The Apache license is a very popular permissive license,
used by Apache web server, Android OS, OpenOffice, Moodle, …
It is a long license, so won’t be displayed here
It requires preserving all original
copyright/patent/trademark/attribution notices
It does not require derivative works (including modifications)
to use the same license
However
all unmodified parts to maintain the license
modified files must contain a notice
stating that changes have been made to that file
WARNING: The v2 license also includes a royalty-free patent license
The FSF considers Apache to be incompatible with the GPL
(except the latest Apache with GPLv3)

24. GPL (1) The GNU Public License (GPL) is the most popular
the most complex
the most restrictive
the most fiercely enforced
OSS license
It was originally drafted by Stallman and the FSF for the GNU project
and is currently used for 2/3 of all OSS (tens of thousands of packages)
It is so popular, that other licenses are rated as GPL compatible or not
meaning that OSS under another license can be combined with GPL SW
into a single program
There are 3 versions of GPL
called GPLv1 (1989), GPLv2 (1991), GPLv3 (2006)
The GPL license is much too long and complex to be included here
and the GPL license text is itself copyrighted
and no changes to it are allowed !

25. GPL (2)
GPL’s terms must be made available to anyone receiving GPL’ed software
This is done by displaying the following copyright notice
Copyright (C) <year> <author>
This program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this program. If not, see <

26. GPL (3) The GPL text is lengthy and as philosophical as it is legal
The GPL was designed as a license, not a contract
so that it is enforceable under copyright law not contract law
The GPL contains an extremely philosophical preamble, including
To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.
The preamble includes a statement against software patents
WARNING: GPLv3 includes a royalty-free patent license !

27. GPL (4) Some of the GPL terms and conditions:
anyone not accepting the GPL's terms and conditions does not have permission, under copyright law, to copy or distribute GPL licensed software or derivative works (however, you may still use/modify the software, including GPL’ed compilers)
copyleft applies to the software and not to its output (e.g., compilers)
any licensee is given permission to copy/redistribute/modify the work
but must adhere to the license terms
a licensee is allowed to charge a fee
GPL does not enforce shareware and does not prohibit commercial redistribution
a distributor may not impose any restrictions not in the GPL
this forbids distributing under NDA or contract
cont./

28. GPL (5)
if the program is distributed in object form then source code must be provided together with the binary, or clear directions given as to how to obtain the source code (e.g., downloading)
must also provide all makefiles, scripts, etc.
when distributing a modified GPL‘ed work, the terms of the entire work cannot be greater than the GPL terms
all derivative works must be under the GPL, however the GPL text does not define what constitutes a derivative work, relying on copyright law
FSF considers
any package containing GPL’ed code
any program statically linked to GPL’ed code
any program dynamically linking to a DLL
to be a derivative work
FSF admits that a separate communicating program is not a derivative

29. LGPL In addition the GPL, the FSF has a license called LGPL
originally Library GPL (primarily for software libraries)
now Lesser GPL (less freedom for the end-user)
The FSF encourages library-writers to license under the GPL
so that proprietary programs cannot legally use the library
thus creating more open programs than proprietary ones
However, it realizes that this philosophy is not always implementable
The LGPL is a compromise between copyleft and permissive OSS
The LGPL allows proprietary software to call the unmodified library
without becoming contaminated
In other words, as long as you do not modify the library
linking to it does not create a derivative work

30. Linux The Linux Operating system kernel is licensed under the GPL
but with a notable exception
NOTE!
This copyright does *not* cover user programs that use kernel services by normal system calls - this is merely considered normal use of the kernel, and does *not* fall under the heading of "derived work".
Also note that the GPL below is copyrighted by the Free Software Foundation, but the instance of code that it refers to (the linux kernel) is copyrighted by me and others who actually wrote it.
Linus Torvalds