NRCCL (University of Oslo, Faculty of Law)

Copyleft and Open Source

Jon Bing

Notrwegian Research Center for Computers and Law

Master Lecture 13 October 2007

NRCCL (University of Oslo, Faculty of Law)

Richard Stallman

NRCCL (University of Oslo, Faculty of Law)

Stallman 27 Sep 1983

Starting this Thanksgiving I am going to write a complete Unix-compatible software system called GNU (for Gnu's Not Unix), and give it away free to everyone who can use it. ... I consider that the golden rule requires that if I like a program I must share it with other people who like it. I cannot in good conscience sign a nondisclosure agreement or a software license agreement.

NRCCL (University of Oslo, Faculty of Law)

UNIX and LINUX

• June 1989 Berkley Software Distribution (BSD) UNIX – Networking Release 1

• Lacking central component of the operating system, kernel

• 1991 provided by Linus Thorvalds – Linux• Networking Release 2 kom i 1991

NRCCL (University of Oslo, Faculty of Law)

Open Source – types of licenses

GNU General Public License Common Public License Deutsche Freie Software Lizenz GNU Lesser General Public License Mozilla Public License BSD Copyright License (Original) BSD Copyright License (Modified Version) Perl Artistic License The Open Source Definition

NRCCL (University of Oslo, Faculty of Law)

Four characteristics

Access to source code Free use of the program by downloading or

executing the code Free adaptation or integration of the code Reciprocal effect of the license – must be made

available to third party on the same terms

NRCCL (University of Oslo, Faculty of Law)

GNU art 2(1)(b)

You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of the License.

NRCCL (University of Oslo, Faculty of Law)

Relevant dependency(Kleiva 2008)

NRCCL (University of Oslo, Faculty of Law)

Hybrid solutions

• Fuctional interoperability between logically separate programs

• If orignal copyright holder, there may be parallel license agreements, for instance ”development licenses”

• If original copyright holder, you may differentiate between different user groups

NRCCL (University of Oslo, Faculty of Law)

GNU disclaimer (art 11)

BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

NRCCL (University of Oslo, Faculty of Law)

GNU disclaimer (art 12)

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.