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This is a print edition of Professor Jeremy Sheff's 2019 build of Open Source Property, a free online casebook for the first-year Property Law course at American law schools. A free digital edition of this text is available for download from www.opensourceproperty.org. Open Source Property is copyright 2015-16 by Stephen Clowney, James Grimmelmann, Michael Grynberg, Jeremy Sheff, and Rebecca Tushnet. It may be reused under the terms of the Creative Commons Attribution NonCommercial 4.0 International license, https://creativecommons.org/licenses/by-nc/4.0/.
"I have studied Rosen's book in detail and am impressed with its scope and content. I strongly recommend it to anybody interested in the current controversies surrounding open source licensing." --John Terpstra, Samba.org; cofounder, Samba-Team "Linux and open source software have forever altered the computing landscape. The important conversations no longer revolve around the technology but rather the business and legal issues. Rosen's book is must reading for anyone using or providing open source solutions." --Stuart Open Source Development Labs A Complete Guide to the Law of Open Source for Developers, Managers, and Lawyers Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work--and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today's leading licenses, and helps you make the best choices for your project or organization. Coverage includes: Explanation of why the SCO litigation and other attacks won't derail open source Dispelling the myths of open source licensing Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks "Academic licenses" BSD, MIT, Apache, and beyond The "reciprocal bargain" at the heart of the GPL Alternative licenses: Mozilla, CPL, OSL and AFL Benefits of open source, and the obligations and risks facing businesses that deploy open source software Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more Enforcing the terms and conditions of open source licenses Shared source, eventual source, and other alternative models to open source Protecting yourself against lawsuits
"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.
Even more than authorship, ownership is challenged by the rise of digital and computational methods of design and production. These challenges are simultaneously legal, ethical and economic. How are new methods of fabrication and manufacture going to irreversibly change not only ways of working, but also designers’ ethics and their stance on ownership? In his 2013 second-term State of the Union address, President Obama stated that 3D printing ‘has the potential to revolutionize the way we make almost everything’. Nowhere will the impact of 3D printing be felt greater than in the architectural and design communities. When anyone can print out an object or structure from a digital file, will designers still exert the same creative rights or will they need to develop new practice and payment models? As architecture becomes more collaborative with open-source processes, will the emphasis on signature as the basis of ownership remain relevant? How will wider teams working globally be accredited and compensated? This issue of AD explores this subject; it features the work of designers who are developing wholly new approaches to practice by exploring means of commercialising process-based products rather than objects. Contributors: Phil Bernstein, Mark Garcia, Antoine Picon, Carlo Ratti and David Ruy Featured architects: Francis Bitonti, Marjan Colletti, Wendy W Fok, Panagiotis Michalatos, Jose Sanchez, Thibault Schwartz, Aaron Sprecher, Feng Xu and Philip Yuan
Much of the innovative programming that powers the Internet, creates operating systems, and produces software is the result of "open source" code, that is, code that is freely distributed--as opposed to being kept secret--by those who write it. Leaving source code open has generated some of the most sophisticated developments in computer technology, including, most notably, Linux and Apache, which pose a significant challenge to Microsoft in the marketplace. As Steven Weber discusses, open source's success in a highly competitive industry has subverted many assumptions about how businesses are run, and how intellectual products are created and protected. Traditionally, intellectual property law has allowed companies to control knowledge and has guarded the rights of the innovator, at the expense of industry-wide cooperation. In turn, engineers of new software code are richly rewarded; but, as Weber shows, in spite of the conventional wisdom that innovation is driven by the promise of individual and corporate wealth, ensuring the free distribution of code among computer programmers can empower a more effective process for building intellectual products. In the case of Open Source, independent programmers--sometimes hundreds or thousands of them--make unpaid contributions to software that develops organically, through trial and error. Weber argues that the success of open source is not a freakish exception to economic principles. The open source community is guided by standards, rules, decisionmaking procedures, and sanctioning mechanisms. Weber explains the political and economic dynamics of this mysterious but important market development. Table of Contents: Preface 1. Property and the Problem of Software 2. The Early History of Open Source 3. What Is Open Source and How Does It Work? 4. A Maturing Model of Production 5. Explaining Open Source: Microfoundations 6. Explaining Open Source: Macro-Organization 7. Business Models and the Law 8. The Code That Changed the World? Notes Index Reviews of this book: In the world of open-source software, true believers can be a fervent bunch. Linux, for example, may act as a credo as well as an operating system. But there is much substance beyond zealotry, says Steven Weber, the author of The Success of Open Source...An open-source operating system offers its source code up to be played with, extended, debugged, and otherwise tweaked in an orgy of user collaboration. The author traces the roots of that ethos and process in the early years of computers...He also analyzes the interface between open source and the worlds of business and law, as well as wider issues in the clash between hierarchical structures and networks, a subject with relevance beyond the software industry to the war on terrorism. --Nina C. Ayoub, Chronicle of Higher Education Reviews of this book: A valuable new account of the [open-source software] movement. --Edward Rothstein, New York Times We can blindly continue to develop, reward, protect, and organize around knowledge assets on the comfortable assumption that their traditional property rights remain inviolate. Or we can listen to Steven Weber and begin to make our peace with the uncomfortable fact that the very foundations of our familiar "knowledge as property" world have irrevocably shifted. --Alan Kantrow, Chief Knowledge Officer, Monitor Group Ever since the invention of agriculture, human beings have had only three social-engineering tools for organizing any large-scale division of labor: markets (and the carrots of material benefits they offer), hierarchies (and the sticks of punishment they impose), and charisma (and the promises of rapture they offer). Now there is the possibility of a fourth mode of effective social organization--one that we perhaps see in embryo in the creation and maintenance of open-source software. My Berkeley colleague Steven Weber's book is a brilliant exploration of this fascinating topic. --J. Bradford DeLong, Department of Economics, University of California at Berkeley Steven Weber has produced a significant, insightful book that is both smart and important. The most impressive achievement of this volume is that Weber has spent the time to learn and think about the technological, sociological, business, and legal perspectives related to open source. The Success of Open Source is timely and more thought provoking than almost anything I've come across in the past several years. It deserves careful reading by a wide audience. --Jonathan Aronson, Annenberg School for Communication, University of Southern California
The book wraps up with a look at the legal effects--both positive and negative--of open source/free software licensing.
A rich case-study analysis of open source software adoption by public organizations in different countries and settings. Government agencies and public organizations often consider adopting open source software (OSS) for reasons of transparency, cost, citizen access, and greater efficiency in communication and delivering services. Adopting Open Source Software offers five richly detailed real-world case studies of OSS adoption by public organizations. The authors analyze the cases and develop an overarching, conceptual framework to clarify the various enablers and inhibitors of OSS adoption in the public sector. The book provides a useful resource for policymakers, practitioners, and academics. The five cases of OSS adoption include a hospital in Ireland; an IT consortium serving all the municipalities of the province of Bozen-Bolzano, Italy; schools and public offices in the Extremadura region of Spain; the Massachusetts state government's open standards policy in the United States; and the ICT department of the Italian Chamber of Deputies. The book provides a comparative analysis of these cases around the issues of motivation, strategies, technologies, economic and social aspects, and the implications for theory and practice.
Property-based testing helps you create better, more solid tests with little code. By using the PropEr framework in both Erlang and Elixir, this book teaches you how to automatically generate test cases, test stateful programs, and change how you design your software for more principled and reliable approaches. You will be able to better explore the problem space, validate the assumptions you make when coming up with program behavior, and expose unexpected weaknesses in your design. PropEr will even show you how to reproduce the bugs it found. With this book, you will be writing efficient property-based tests in no time. Most tests only demonstrate that the code behaves how the developer expected it to behave, and therefore carry the same blind spots as their authors when special conditions or edge cases show up. Learn how to see things differently with property tests written in PropEr. Start with the basics of property tests, such as writing stateless properties, and using the default generators to generate test cases automatically. More importantly, learn how to think in properties. Improve your properties, write custom data generators, and discover what your code can or cannot do. Learn when to use property tests and when to stick with example tests with real-world sample projects. Explore various testing approaches to find the one that's best for your code. Shrink failing test cases to their simpler expression to highlight exactly what breaks in your code, and generate highly relevant data through targeted properties. Uncover the trickiest bugs you can think of with nearly no code at all with two special types of properties based on state transitions and finite state machines. Write Erlang and Elixir properties that generate the most effective tests you'll see, whether they are unit tests or complex integration and system tests. What You Need Basic knowledge of Erlang, optionally ElixirFor Erlang tests: Erlang/OTP >= 20.0, with Rebar >= 3.4.0For Elixir tests: Erlang/OTP >= 20.0, Elixir >= 1.5.0
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.