Synopses & Reviews
Almost every engineer developing technical products wants to use open source software. It's free, reliable, and can cut product development cycles. But convincing management to jump on board may be a challenge. Open source can have legal strings attached. How does a company use open source intelligently, without stepping on a lawsuit land mine? Based on the author's ten years of broad experience in the trenches of intellectual property licensing, The Open Source Alternative is a practical guide for anyone who needs to find out more about the legal intricacies, risks, and rewards of open source.
Written in plain English for both lawyers and professionals, The Open Source Alternative shows you how to implement open source intelligently, without compromising the value of your intellectual property. Coverage includes:
What is open source?
Philosophy of free software
The vocabulary of free software and open source
Common open source licenses and their structure
Due diligence and license housekeeping
Audits and compliance initiatives
Patents and open source
Trademarks and open source
GPL version 2 compliance and the "derivative works" controversy
Developing a corporate open source policy
Enforcement of open source licenses
Open source in acquisition and licensing transactions
GPL version 3.0 update
The Open Source Alternative fills the need for a practical, objective book on the implications of open source in business. Author Heather Meeker provides background on both legal and technical principles, complemented by a wealth of references for follow-up. The book also includes a glossary, index, and a collection of documents and forms to help you in your business.
Open source and proprietary software are likely to coexist for decades to come. The Open Source Alternative will help you better understand the legal principles at work in the heterogeneous software landscape of today.
Review
"In her book, Heather Meeker does a good job describing the "border dispute" of the Copyleft provision in the GPL" (
ccsblog, March 16th, 2009)
"So I would say, this is the book to read, for a good account of the legal aspects surrounding open source." (dw2-o.com, 7/6/08)
Synopsis
This book is a practical guide on how to leverage open source in a business. The appeal of this book is its practical focus. Most information about open source is advocacy. Lawyers and businesspeople both find this frustrating -- lawyers want objective commentary of the type they are accustomed to in treatises, and business people want information that is less theoretical. This book is descriptive, with a business focus. While it will have some citations to sources to satisfy the lawyers, it will be written in plain, expository style.
Synopsis
This book is a user manual for understanding and deployment of open source software licensing in business. Written for lawyers and businesspeople alike, it explains and analyzes open source licensing issues, and gives practical suggestions on how to deal with open source licensing in a business context. Including useful forms, information, and both technical and licensing background, this book will help you avoid legal pitfalls and edcuate your organization about the risks of open source.
Synopsis
A practical guide to leveraging open source in business
The law of open source is complex and constantly changing. Some legal issues related to it are thorny and undecided. Those called upon to make decisions about open source have found little information to guide them in traditional legal materials . . . until now. Author Heather Meekervoted one of the top thirty intellectual property lawyers in Californiabrings her ten years of extensive involvement in open source legal issues to bear in The Open Source Alternativea practical resource to help you implement open source intelligently, without compromising the value of your intellectual property or stepping into a potential lawsuit.
Written in plain English for both lawyers and professionals, The Open Source Alternative provides an accessible discussion of the different licensing strategies to consider with open source. This invaluable reference tool for CIOs, CFOs, IT managers, auditors, and attorneys, as well as all interested professionals, provides you with the background and tools you need to understand this area of law and develop your own conclusions and best practices. Divided into two partsleveraging opportunities and understanding risksthe book explores: the rules of the road for use of open source in proprietary products, assessing legal risk of using open source, how to understand and leverage patents and trademarks in the open source landscape, and developing policies for use of open source in your business.
Formulating best practices in open source development requires familiarity with a complex set of facts and industry practices, as well as the political, business, and legal principles behind them. The Open Source Alternative is a must-read for any professional who needs to stay on top of this rapidly changing field.
About the Author
Heather J. Meeker is a shareholder at Greenberg Traurig, LLP, one of the largest law firms in the United States. Heather has provided open source counseling to clients ranging from technology startups using open source in product development, to public technology companies conducting open source code releases, to venture capitalists assessing new business models in the software industry. She also serves as an adjunct professor at the U.C. Berkeley School of Law, is a member of the American Law Institute, and in 2005, was selected by the Daily Journal as one of the top thirty intellectual property lawyers in California.
Table of Contents
Preface.
Part One: Leveraging Opportunities.
Chapter 1: Introduction: How UNIX Gave Birth to Linux, and a New Software Paradigm.
In the Beginning Was the Word, and the Word Was UNIX.
Along Comes Linux.
Now, What Is Open Source?
And This Is Just the Beginning.
Chapter 2: Free Software and Open Source.
Viruses and Freedoms.
Philosophy of Free Software.
Open Source Initiative.
Mozilla Foundation.
Linus Torvalds.
Defi nitions: Free Software and Open Source.
What’s in a Name? The Viral and the Nonviral.
Open Source Development Model.
Chapter 3: Common Open Source Licenses and Their Structure.
Direct Licensing.
GPL.
GPL Exception (or Special Exception).
GPL FLOSS Exception.
LGPL.
Corporate Hereditary Software Licenses.
Other Hereditary Software Licenses.
Permissive Licenses.
Apache 1.0.
Apache 1.1.
Apache 2.0.
Artistic License.
Miscellaneous Licenses.
Non-Software Licenses.
Chapter 4: Due Diligence, License Proliferation, and Compatibility.
What Is the Problem with Combining Software?
What Is Due Diligence?
License Conditions and Diligence Problems.
License Compatibility.
Choices in an Incompatible World.
An Embarrassment of Riches?
Reusability.
Chapter 5: Audits and Compliance Initiatives.
Provenance and Objective Checking.
Applying Policy and Legal Review.
Some Nuts and Bolts.
Chapter 6: Notice Requirements.
Chapter 7: Patents and Open Source.
Patent Debate.
Patent Portfolio Management.
Chapter 8: Trademarks and Open Source.
Trademark Law and Open Source Licensing.
Trademarks in the Open Source World.
AT&T UNIX Battle.
Chapter 9: Open Source and Open Standards.
Chapter 10: Developing a Corporate Open Source Policy.
Appendix 10A: Open Source Corporate Policy.
Chapter 11: Open Source Code Releases.
Choosing a License.
Effect on Patent Portfolio.
Effect on Trademarks.
Open Source Business Models.
Dual Licensing.
“Ur-Licensor” and Open Source Decision Models.
Contribution Agreements.
Reissuing Code.
Corporate Organization.
Appendix 11A Open Source Trademark Policy.
Part Two: Understanding Risks.
Chapter 12: Technical Background: Operating System Kernels, User Space, and Elements of Programming.
What Is the difference Between an Application and an Operating System?
What Is an Operating System Kernel?
What Is an Application?
Dynamic and Static Linking, and Inline Code.
Header Files.
Monoliths and Loadable Kernel Modules.
Chapter 13: Enforcement of Open Source Licenses.
Past Enforcement.
Enforcement Obstacles.
Lack of Track Record: GPL Has Never Been Tested in Court.
Waiver/Estoppel: Occasional and Selective Enforcement of GPL Means It Is Unenforceable.
Formation: GPL Is Not Validly Accepted by Licensees.
GPL Constitutes Copyright Misuse.
Joint Work Arguments.
Standing and Joinder Arguments.
Chapter 14: The Border Dispute of GPL2.
Defining the Border Dispute.
What the GPL Says.
Rules of Contract Construction.
Applying the Four Corners Rule to GPL2.
Applying the Rules of Contract Construction of GPL2.
Trade Usage and Other Extrinsic Evidence.
Derivative Works Question.
The Facts.
Legal Rules.
Analyzing the Case of Two Works.
Is the Result One or Two Works?
Policy Arguments.
Non-U.S. Law Interpretations.
Approach of Legal Realism.
Outside the Four Corners.
Loadable Kernel Modules.
The Hardest Cases.
LGPL Compliance.
Chapter 15: License or Contract?
Contract Formation.
Arguments Supporting Formation.
Implications of Absence of Contract Formation.
Incentives for Formation Arguments.
Chapter 16: Defi ning Distribution.
Chapter 17: Open Source in Mergers and Acquisitions and Other Transactions.
Open Source in Licensing and Commercial Transactions.
Development Agreements.
Chapter 18: GPL Version 3.0.
What Is the Effect of the Release of GPL3?
Adoption of GPL3.
Politics and Context.
“Derivative Works” Problem.
“Propagation” and “Conveying”.
Patents.
Digital Millennium Copyright Act Provisions.
“Java Problem”.
Disabling and Obfuscation.
ASP Problem.
License Compatibility.
Chapter 19: LGPL Version 3.0.
New Approach for LGPL.
Adoption of LGPL3.
Politics and Context.
Defi nitions.
Compliance.
Drawbacks.
Appendix A: Open Source Development Agreement.
Glossary.
Index.