Open Source & Research
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Transcript Open Source & Research
Open Source & Research
Brought to you by:
Feb. 2005
Office of Technology Licensing
Office of the General Counsel
Stanford University
Jim DeGraw
Ray Zado
Ropes & Gray LLP
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
Ropes & Gray LLP
+617-951-7539
[email protected]
Ray Zado
Ropes & Gray LLP
+650-617-4068
[email protected]