The Bazaar and The Courtroom
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1 The Bazaar and The Courtroom An Open Source Legal Guide for Leaders UpStreme, Inc. 7 Great Valley Pkwy Suite 210 Malvern, PA
2 Welcome and Introductions UpStreme, Inc. Penn State University Buchanan Ingersoll & Rooney, PC Unisys 2
3 Goal Share Current information related to key Open Source issues Outline the legal (and related operational) aspects of these key issues Provide various expert viewpoints Discuss/Debate optional approaches and solutions. 3
4 Topics Discuss 4 Key Threads on Open Source issues with Legal Ramifications... How to protect your company or clients from improper use of Open Source tools and/or apps Open Source Licenses - implications on your projects, business, and the overall business eco-system (e.g. how/why the project picked that license, how/what do you buy, and more...). GPLv3 Why this is coming, and whether it a plus or minus. MS/Novell, SCO, and future similar threats to Open Source 4
5 Baseline Current Knowledge What is the current level of understanding on Open Source: 0 - I only know buzzwords or less (Fist-Of-Five) 1 - Very rudimentary -I know about Linux and other tools 2 - I know about Linux, business applications, and the desktop 3 - I have and use Open Source tools in the lab 4 - I have and use Open Source tools in production. 5 I use Open Source tools on critical production systems. 5
6 Open Source Situation Synopsis Open Source is not totally free Open Source is in early stages of Adoption in US Open Source is picking up Speed Global competitors are ahead Open Source is already in your environment Vast array of misinformation and/or misunderstanding causing lag or mistrust... But, understanding and managing the legal aspects are a must. 6
7 Smart Use of Open Source How to select the project that is right for you (and everything you need to think about and review). Operational Considerations for Selection Unisys Bruce Perens SMB's Legal Considerations (and how to operationalize them) 7
8 Open Source Licenses Key License Types Copy Left, Copy Right, Copy Center? OSI (OpenSource.org) notes 59 different types Applications, Tools, Packages, Utilities What are your legal obligations What are your obligations to the community Mergers & Acquisitions Due Diligence Post Acquisition Lessons for Everyone? 8
9 GPLv3 What was wrong with the old GPL? Why has this become so polarized? Will it ever get approved? Are there differences between the way the US and the EU view the new GPLv3? 9
10 Open Source in Court Biggies: SCO vs IBM MS/Novell The Future? Others: Medsphere Systems Inc Software Freedom Law Center vs. Blackboard Inc. KSR International Co. v. Teleflex, Inc., et al. and Eolas Technologies Inc. Regents of the University of California v. Microsoft Corporation 10
11 Predictions Decreasing challenges to the legal validity of open source licenses More actions by copyright holders to stop re-distribution of code in violation of open source licenses Increasing market share for open source products More formerly proprietary code released as open source Buy-in from increasingly larger vendors Fine-tuning of popular open source licenses for particular business models Ensuring security of applications rises nearer to the top of open source development concerns 11
12 Open Source Interesting Reading 12
13 Textbooks Text: The Cathedral & The Bazaar Eric Raymond Open Sources - Voices from the Open Source Revolution Multiple Authors The Business & Economics of Linux and Open Source - Fink Innovation Happens Elsewhere Goldman & Gabriel Producing Open Source Software Fogel Open Source Licensing Rosen The Success of Open Source Weber Understanding Open Source & Free Software Licensing St. Laurent Wikinomics Tapscott & Williams 13
14 Periodicals Periodicals Enterprise Open Source Magazine LinuxFormat UK Linux Magazine LinuxWorld PhpArchitect Linux Journal More... 14
15 Websites Groklaw All things legal SourceForge OSI (Open Source Initiative) Linux Professional Institute Certification Body LinuxWorld & Enterprise Open Source Magazines 15
16 Q&A - Challenge/Support 16
17 Thank You Thomas Costello UpStreme, Inc. 7 Great Valley Pkwy Suite 210 Malvern, PA w: tcostello@upstreme.com Francis X. Taney, Jr. Buchanan Ingersoll & Rooney, PC 1835 Market St 14th Floor Philadelphia, PA w: francis.taney@bipc.com Dr. Phil Laplante Penn State University Great Valley 30 East Swedesford Rd Malvern, PA w: plaplante@psu.edu Anthony Gold Unisys S1108 Unisys Way Blue Bell, PA w: anthony.gold@unisys.com 17
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