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UNHI Creative Works Symposium Session: Open Source Issues and Opportunities
- 1. 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
- 2. 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
- 3. Knowing the Vocabulary
Copyright vs Copyleft vs Copyfree
OpenSource
Creative Commons
Understanding the Legal Framework
Proprietary vs. Open
Creative Commons
Implementing the License
Open Source
Copyfree
Creative Commons
PRESENTATION AGENDA
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 3
- 4. 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
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 4
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.
- 5. 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
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 5
Often used interchangeably with “Open Source”
- 6. 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
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 6
- 7. 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
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 7
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.
- 8. 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
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 8
- 9. 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
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 9
- 10. UNDERSTANDING THE LEGAL FRAMEWORK
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 10
Most
Favorable to
Author
Least
Favorable to
Author
Public
Domain
Copyright CopyfreeCopyleft
Open Source
Creative Commons
- 11. UNDERSTANDING THE LEGAL FRAMEWORK
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 11
- 12. 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
UNDERSTANDING THE LEGAL FRAMEWORK
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 12
- 13. UNDERSTANDING THE LEGAL FRAMEWORK
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 13
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
- 14. Proprietary Open
User-Friendly Tends to have user-friendly
interfaces and features
Tends to have more technical
interface and features
Customer Support Expected Difficult
UNDERSTANDING THE LEGAL FRAMEWORK
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 14
- 15. UNDERSTANDING THE LEGAL FRAMEWORK
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 15
- 16. UNDERSTANDING THE LEGAL FRAMEWORK
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 16
- 17. UNDERSTANDING THE LEGAL FRAMEWORK
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 17
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)
- 19. 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
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 19
- 20. COPYLEFT LICENSES
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 20
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
- 21. COPYLEFT LICENSES
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 21
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
- 22. 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
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 22
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
- 23. COPYFREE LICENSES
5/14/2015 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION 23
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
- 25. THANK YOU!
Kristin A. Mendoza
(603) 695-8576
kmendoza@devinemillimet.com
25COPYRIGHT © 2014 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION5/14/2015