Putting Open Source Dynamic Languages
Through the Licensing Test
Van LindbergHaynes and Boone, LLP
June 16, 2010
•Patents
•Copyrights
•Trademarks
•Trade Secrets
Open source licensing(copyright)
Licenses:Free, “Free” and
Open Source
Jacobsen v. Katzer
Licensed cc-by by veggiefrog: http://www.flickr.com/photos/veggiefrog /
Payment of $100,000 + injunctions
Jacobsen v. Katzer
$5,000 per copy,
approximately 100x revenues
Bottom line:
Pay attention to your software
licenses
There is a spectrum of
possible licenses
Types of Open Source Licenses
• Academic
• Permissive
• Limited Reciprocal
• Strong Reciprocal
Common Open Source License Provisions
– Disclaimer of warranties– No restrictions on or fees for redistribution– Must provide source code with compiled
object code – Modifications and distribution subject to the
same license terms– Must identify original source and modifications
Bring together “preexisting materials or...data...in such a way that the resulting work as a whole constitutes an original work of authorship.”
Collective Works
- 17 U.S.C. § 101
“a work based upon one or more preexisting works….” the preexisting work is “recast, transformed, or adapted.”
Derivative Works
- 17 U.S.C. § 101
Collective Work Independent copyrights, independent
licenses
Derivative WorkCopyrights are tied together, licenses
must be compatible
Collective Work Your work gets your license
Derivative WorkYour work is open source
Bottom line:
Pay attention to your software
licenses
Questions?
Van LindbergHaynes and Boone, LLP
