Open Source Software and the Law Slides 12/7/12
- 1. OSS & the Law Megan Costello, J.D. Elliott & Davis, PC
- 2. MEET MEG: Tech Enthusiast • Freelance Web Designer • BS in IST/SRA • Lawschool Grad with JD in IP & High-Tech Law • Works @ Elliott & Davis, PC • Goal? Make Law More Accessible to Fellow Technologists!!!
- 3. MY FIRM Not Your Typical Law Firm!! Mid-Sized,Multi-Practice Firm Technologist Friendly Pittsburgh Cyberlaw Forward-Thinking First B-Corp in Pgh! Competitively Priced Fun, Inviting Atmosphere
- 4. DISCLAIMER (You Saw this Coming…) THIS PRESENTATION IS NOT MEANT TO BE USED AS LEGAL ADVICE… SO BEFORE YOU DO ANYTHING, TALK TO A LAWYER ONE- ON-ONE…
- 5. DISCLAIMER (You Saw this Coming…) THIS PRESENTATION IS NOT MEANT TO BE USED AS LEGAL ADVICE… SO BEFORE YOU DO ANYTHING, TALK TO A LAWYER ONE-ON-ONE… ….PRETTY PLEASE?
- 6. Open Source Software(OSS) IS: Softwarereleased with source code for the purpose of free and open development Generally collaborative effort Promotes free access to information for the advancement of technology. Similar ideas: Crowd-Sourced Data, OSHW, Creative Commons, etc
- 7. WHY OSS ROCKS! Security Affordability Transparency Perpetuity Interoperability Localization
- 8. WHY OSS GETS A BAD REP COMMON MYTHS: OSS IS THE “KISS OF DEATH” TO IP! YOU WILL NEVER GET FUNDED WITH OSS! YOU WILL NEVER MAKE MONEY WITH OSS!
- 9. THE REALITY There are ways to avoid IP battles with Open Source Software There are ways to attract funding with Open Source Software There are ways to make money with Open Source Software
- 10. MYTH #1: OPEN SOURCE SOFTWARE IS THE KISS OF DEATH TO INTELLECTUAL PROPERTY
- 11. IP BASICS: Creations of the mind used in commerce! Copyrights Trademarks Trade Secrets Patents
- 13. COPYRIGHT BASICS: Covers Original Artistic Expression in a “Fixed, Tangible Medium” FOR CODE? Extends to both source code AND object code Attaches Immediately // Life of Author +70 Years. Federal Enforcement Requires Registration ($35!)
- 14. COPYRIGHT: Just A Big Ol’ Bundle of Sticks.
- 15. WHERE © GETS TRICKY DerivativeWorks Works for Hire + + + = ????????????????
- 16. Derivative Works Captures Major Elements of an Already Copyrighted Work Needs to be “Original” to Register NO RIGHT to Original Copyrighted Material SOFTWARE CONCERN: Who Owns a Derivative Work?
- 17. Works Made for Hire Commissioned work for another person or company Commissioning person/company generally owns copyright SOFTWARE CONCERN: Does my employer own the copyright when I make software on my own time?
- 18. The Solution? Software Licensing!! License= Binding Contract Between You and User(s) Set of Rules that Control: Who Owns © What may be used Who may use it How it may be used What happens when you break the contract Other stuff and legal jargon… PS: You Still Own the Copyright!!
- 19. Software Licensing Spectrum PROPRIETARY NOT OSS TRADITIONAL OSS SOFTWARE Weakly Strongly Closed Public Domain Permissive Protective Protective Source What Isn’t OSS? Public Domain: Closed Source • Free of all Restrictions • Many Specific © • © Given to Public at Large restrictions • Use for Any Purpose • Privately Owned/Licensed • No License Required!
- 20. Where OSS Licenses Fit In: Weakly Strongly Permissive Protective Protective Permissive: Weakly Protective: Strongly Protective: • All © rights • Hybrid © Protection • Many © restrictions Granted to on bundling rights Licensee • Open Components (Software Libraries) • “Share and Share • Software may can be used by Alike” ideology become proprietary software proprietary • Components Can’t • “Copyleft” • Attribution Req’d turn proprietary Ex: MIT License Ex: LGPL Ex: GPLv3
- 21. WHAT IS: Copyleft? Not an IP Type… LICENSING STRUCTURE! Requires Others to Grant: SAME BUNDLE OF RIGHTS Keeps Source Free! (“as in speech, not as in free beer”)
- 22. Famous Copyleft License: GNU GPLv3 Unlimited Copies Unlimited Distribution Charging for Software is OK! But be up-front with the GPL! Unlimited Modifications But anything that uses this code must also be released under the GPL
- 23. Choosing the Right License Many Pre-Made Licenses Approved by OSI Varying Degrees of Permissions Varying Degrees of Communities Cheaper/Safer Legally Promotes Compatibility List of Licenses HERE: http://opensource.org/licenses
- 24. A Word of Caution! Not all Licenses Play Well Together! Combining Licenses could be potentially LETHAL to IP! Be sure to READ ALL LICENSES… Consult a lawyer to make sure things don’t go bad
- 25. MYTH #2: YOU WILL NEVER GET FUNDED!!!!!
- 26. TRUTH: Traditional Funding = HARD Angel Investors/Seed Funding/Incubators: Go For Equity “piece of the pie” Love “Clean IP” Scared of Taking Major Risks
- 28. OSS LICENSES OSS Licenses are Enforceable BUT: Ownership? Control? Accountability? Attribution? License Compatibility? “RISKY” INVESTMENT CHOICE
- 29. Solution? Look For Different Funding Sources Crowdsourcing Kickstarter: www.kickstarter.com Freedom Sponsors: http://www.freedomsponsors.org/ Donations Gittip: https://www.gittip.com/ OSS Friendly Organizations/Incubators Apache Software Foundation: http://www.apache.org/
- 30. MYTH #3: YOU WILL NEVER MAKE MONEY WITH OPEN SOURCE SOFTWARE!!!!!
- 31. Remember This? PROPRIETARY NOT OSS TRADITIONAL OSS SOFTWARE Weakly Strongly Closed Public Domain Permissive Protective Protective Source
- 32. Truth: “Free” Code ≠ No Revenue All Licenses let you sell the software you make Some Licenses let you turn it into proprietary software! (Permissive, some Weakly Protective) There are other ways to make money with OSS
- 33. Solution?: THINK OUTSIDE THE BOX Change Your Business Model! Let the software be secondary Offer Support & Warranties Red Hat, Novell, Mozilla Create Premium Add-Ons Wordpress
- 34. TAKEAWAYS! Do: Talk to a Lawyer Familiar With IP & OSS Licensing! Account for All Code! Read All Licenses! Think Outside the Box! Always Place Licenses on Your Work!
- 35. TAKEAWAYS! DON’T: Use Code You Can’t Account For! Combine Licenses Carelessly! Tryto Pass Off OSS as Proprietary Software Get Discouraged!!!!!
- 36. Thanks! QUESTIONS? Contact Me!! meg@elliott-davis.com PittsburghCyberlaw.com pghcyberlaw.tumblr.com @pghcyberlaw facebook.com/pghcyberlaw PghCyberlaw