Opensource

Open Source & Research

Brought to you by: Office of Technology Licensing Office of the General Counsel Stanford University

Jim DeGrawRay ZadoRopes & Gray LLP

Feb. 2005 Fish & Neave IP Group

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

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

What Is Open Source?

Open Source is a development model

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Project lead

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

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

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

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

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

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

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.

Open Source Thoughts

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

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

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

Potential Drawbacks

Inconsistent Third Party Obligations Detriment to Commercial Potential

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?

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?

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?

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

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

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

Thanks!

Ray ZadoRopes & Gray [email protected]

Jim DeGrawRopes & Gray [email protected]