open source & research brought to you by: office of technology licensing office of the general...
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Open Source & Research
Brought to you by: Office of Technology Licensing Office of the General Counsel Stanford University
Jim DeGrawRay ZadoRopes & Gray LLP
Feb. 2005 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
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Project lead
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
