UNHI Creative Works Symposium Session: Open Source Issues and Opportunities

Presented by:
Kristin A. Mendoza
OPEN SOURCE ISSUES AND
OPPORTUNITIES:
An Introduction to Open Source,
Managing Open Source and Creative
Commons
UNHInnovation Creative Works Symposium
April 29, 2015
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION

This presentation is a legal summary and, because of its generality,
may not be applicable to your situation. For specific legal advice, you
should consult with your attorney about your particular needs.
DISCLAIMER
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 2

 Knowing the Vocabulary
 Copyright vs Copyleft vs Copyfree
 OpenSource
 Creative Commons
 Understanding the Legal Framework
 Proprietary vs. Open
 Implementing the License
 Open Source
 Copyfree
PRESENTATION AGENDA

Copyright – A federal right owned by every author of a work to exclude
others from doing any of the following five activities:
 Reproduction
 Adaptation
 Distribution to the public
 Performance in public
 Display in public
VOCABULARY
Copyright protection exists from the moment of creation and fixation of a work in
any tangible medium of expression. To be valid, a copyrighted work must have
originality and some modicum of creativity.

Copyleft – The practice of using copyright law to offer a form of
license whereby users have the right to distribute copies and modify
versions of a work provided that that the same rights to distribute and
modify are preserved in versions of the work created by others.
VOCABULARY
Often used interchangeably with “Open Source”

Copyfree – The practice of using copyright law to offer a form of
license whereby users have the right to freely copy, use, modify and
distribute a work without restriction.
VOCABULARY

Public Domain – The status of a creative work or invention that is not
protected by a form of intellectual property law. Works in the public
domain may be freely used without the permission of the former author
or owner of the work or invention.
VOCABULARY
Since the public domain is the expiration or non-existence of exclusive right, there
is some question as to how an author dedicates a creative work to the public
domain. In practice, the author can simply not assert legal rights against other
users of his work as though his exclusive rights no longer exist. However, the
user of the work who relies on the impassivity of the author runs the risk of not
having legal claim to any derivative work created by that user.

Open Source – The practice of using copyright law to offer a form of
software license that meets copyleft principles by abiding by the following
criteria:
 Free Redistribution – No license or royalty for sales of software containing open source
code
 Source Code – The program must include the source code and allow distribution in
source code form, as well as compiled form
 Derivative Works – The license must allow others to modify and make derivative works
 No Discrimination – Against any person, group OR specific fields of endeavor
 Distribution of License – Rights given under the license must apply to all to whom the
program is redistributed without the need to execute a new license
 Must Be Product and Technology Neutral
 Must Not Restrict Other Software – The license cannot insist that all other programs
distributed with the licensed software be open source.
VOCABULARY

Creative Commons – The practice of using copyright law to offer several forms
of copyright licenses reserving some rights to the author while granting other rights
to users. In essence, instead of “all rights reserved”, this is a “some rights
reserved” approach to copyright. The forms of licenses are:
 Attribution – Lets other distribute, modify or build upon an original work, even for commercial use, as
long as they credit the author for the original creation
 Attribution-NoDervs – Allows for redistribution, for commercial or non-commercial use, as long as the
original work is passed along, unchanged and in whole, with credit to the author
 Attribution-NonCommercial-ShareAlike – Lets others modify or build upon an original work for non-
commercial use only as long as they credit the author of the original creation and share their new
creation under the identical terms
 Attribution-ShareAlike – Lets others modify or build upon an original work, even for commercial use,
as they credit the author of the original creation and share their new creation under the identical terms
 Attribution-NonCommercial - Lets other modify or build upon an original work, for non-commercial use
only, as long as they credit the author for the original creation
 Attribution-NonCommercial-NoDerivs – Allows others to download the original work and share it with
others, for non-commercial use, unchanged and in whole, as long as they credit the author
VOCABULARY

UNDERSTANDING THE LEGAL FRAMEWORK
Most
Favorable to
Author
Least
Favorable to
Author
Public
Domain
Copyright CopyfreeCopyleft
Open Source
Creative Commons

Proprietary Open
License Fee Yes Yes, although more common free
User Access to Source Code /
Original Work Product
No Yes
Control of New Features / Product
Modifications
Creator The development community
Security Subject to internal controls of the
creator
Possibility for malware to be
embedded by the development
community
Development Time / Cost Can be significant and is
dependent upon the resources of
the creator
Generally, shorter development
time and lower cost
Quality of Source Code / Original
Work Product
Varies Varies

 Key points about Open licenses:
Appropriate for sharing content publicly (including software or
hardware)
If licensing software, the source code must be made available
Requires a derivation work to be shared under the same license terms
“Mixed Source” software is possible (Ability to combine proprietary
source code and open source into a single software project) but must
be careful with licenses

Proprietary Open
User-Friendly Tends to have user-friendly
interfaces and features
Tends to have more technical
interface and features
Customer Support Expected Difficult

 Key points about Creative Commons licenses:
Appropriate for sharing content publicly (but not software or hardware)
Do not contain warranties of any kind
Requires attribution to the author
People who use the content under a Creative Commons license may
rely on the license even if the author stops distributing the work
Need to make sure that Creative Commons license does not violate
other obligations of the author (e.g., employment agreement)

IMPLEMENTING THE LICENSE

 GNU General Public License (software)
 GNU Affero General Public License
(AGPL) (servers)
 GNU Free Documentation License (FDL)
(text)
 Apache License 2.0
 BSD 3-Clause "New" or "Revised"
license
 BSD 2-Clause "Simplified" or "FreeBSD"
license
 MIT license
 Mozilla Public License 2.0
 Common Development and Distribution
License
 Eclipse Public License
COPYLEFT LICENSES

COPYLEFT LICENSES
 License Grant
“Subject to the terms and conditions of this License, each Contributor hereby grants
to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of, publicly display, publicly
perform, sublicense, and distribute the Work and such Derivative Works in Source or
Object form.”
- Apache License 2.0

COPYLEFT LICENSES
 Redistribution
“You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with
or without modifications, and in Source or Object form, provided that You meet the following conditions:
 You must give any other recipients of the Work or Derivative Works a copy of this License; and
 You must cause any modified files to carry prominent notices stating that You changed the files; and
 You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attrib ution
notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; an d
 If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must inc lude a
readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to an y
part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the
Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display
generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file
are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative
Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional
attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different
license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such
Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise
complies with the conditions stated in this License.”
- Apache License 2.0

 AMANDA License
 Beer-Ware License
 BeOpen Python Open Source License Agreement
 BSD Documentation License
 Boost Software License
 Creative Commons Zero
 Clear BSD License
 CMU License
 Copyfree Open Innovation License
 Crowley Thelemic License
 CWI License Agreement for Python
 Detachable Public License
 Do What The F*** You Want To Public License v2
 FreeBSD Documentation License
 General Attribution License
 Give It Your Own License, License
 GNU All-Permissive License
 Historical Permission Notice and Disclaimer
 Inconsiderate License
COPYFREE LICENSES
 Lucent Public License v1.02
 MINIX 3 License
 MirOS License
 MIT/X11 License
 Microsoft Public License
 Nietzsche Public License
 OpenLDAP Public License v2.8
 Open Works License
 Pancake Public License
 PostgreSQL License
 Python Imaging Library License
 Revised BSD License
 Simplified BSD License
 Software Attribution License
 Tcl/Tk License
 Tiny License
 Toybox License
 University of Illinois/NCSA Open Source License
 Unlicense
 Z Shell License

COPYFREE LICENSES
 License Grant
“Copying and distribution of this file, with or without modification, are permitted in
any medium without royalty provided the copyright notice and this notice are
preserved. This file is offered as-is, without any warranty.”
- GNU All-Permissive License

CREATIVE COMMONS
www.creativecommons.org
Click on “Legal Code”

THANK YOU!
Kristin A. Mendoza
(603) 695-8576
kmendoza@devinemillimet.com
25COPYRIGHT © 2014 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION5/14/2015

UNHI Creative Works Symposium Session: Open Source Issues and Opportunities

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UNHI Creative Works Symposium Session: Open Source Issues and Opportunities