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Open Source & Research: Brought To You By: Office of Technology Licensing

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18 views22 pages

Open Source & Research: Brought To You By: Office of Technology Licensing

Uploaded by

bhprox
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Open Source & Research

Brought to you by: Office of Technology Licensing


Office of the General Counsel
Stanford University

Jim DeGraw
Ray Zado
Ropes & 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

Project lead

volunteer volunteer

volunteer volunteer
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!

Jim DeGraw Ray Zado


Ropes & Gray LLP Ropes & Gray LLP
+617-951-7539 +650-617-4068
[email protected] [email protected]

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