DescriptionThis 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.
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.
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.
GPL Exception (or Special Exception).
GPL FLOSS Exception.
Corporate Hereditary Software Licenses.
Other Hereditary 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.
Choices in an Incompatible World.
An Embarrassment of Riches?
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 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.
“Ur-Licensor” and Open Source Decision Models.
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.
Monoliths and Loadable Kernel Modules.
Chapter 13: Enforcement of Open Source Licenses.
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.
Analyzing the Case of Two Works.
Is the Result One or Two Works?
Non-U.S. Law Interpretations.
Approach of Legal Realism.
Outside the Four Corners.
Loadable Kernel Modules.
The Hardest Cases.
Chapter 15: License or Contract?
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.
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”.
Digital Millennium Copyright Act Provisions.
Disabling and Obfuscation.
Chapter 19: LGPL Version 3.0.
New Approach for LGPL.
Adoption of LGPL3.
Politics and Context.
Appendix A: Open Source Development Agreement.
""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)