Legal MattersOr, Why should I use a license anyway?

mark.johnson@it.ox.ac.uk@marxjohnson

In this talk

●What licenses are and why we use them●Contribtor License Agreements●Copyright●Patents●License compatibility and non-code assets

Licenses

Proprietary Open Source

Closed Source Free Software

Freeware

Shareware

Copyleft

Permissive

Unlicensed Code

● Effectively “All Rights Reserved”● Individuals might use it, companies wont● Alternatives:

● Highly permissive license (2-Clause BSD)● The Unlicense● Public domain declaration

Contributor License Agreements

● Used to manage Intellectual Property (IP)● Grant rights from the author to the project's owners● Usually give the owner more rights than the users get from the release license● Unpopular in some communities

What are we licensing?

“Intellectual Property” (IP)● Copyright

● Code● Non-code assets

● Patents● Trade Marks

Copyright

● An “unregistered right” - it applies automatically● Protects “fixed form” of the idea – not the idea itself● Litereary works (inc. software), artistic material, films, sound recordings, broadcasts● Must be substantial● Gives exclusive econimic rights to the holder

Copyright

What rights do you get?● Making copies● Issuing copies (inc. online distribution)● Renting/Lending copies● Adapting the work

Copyright

Who owns the copyright?● The author, or their employer● If you are a contractor, you own the work unless your contract states otherwise● If you're an employee, it depends on your employment contract and “scope of work”

Copyright

Expiration● Copyright in EU expires● After this time, it is “out of copyright” and anyone can enjoy the rights

FOSS Licensing and Copyright

● FOSS licensing works because of copyright, not in spite of it.● “Copyleft” is a use of copyright, not its opposite● You can license your rights to others, but only if they meet your conditions, e.g. attribution, reciprication

License Compatibility

● Each FOSS license has its own conditions● These conditions are not always compatible● Important to keep track of licenses for re-used code (e.g. libraries) to ensure the end product is releasable

Non-code assets

● FOSS licenses are designed for source code and compiled binaries● You may also have other assets in your project, e.g. icons and logos● Creative Commons● Watch out for compatibility – CC-By is safest

Patents

● Patents are completey different● Protection of useful, novel inventions with an industrial application – the idea itself● Grants exclusive commercial rights● “Software patents” dont exist per se● A piece of software can be described differently to be covered by a patent

Patents

● Having a patent granted is only half the battle● FOSS isn't a good exploitation strategy for a patent● Some FOSS licenses and CLAs contain explicit patent grants and relatiation clauses.

Questions?

Further Reading:● Wilson, R. Open source development - an introduction to ownership and licensing issues http://oss-watch.ac.uk/resources/iprguide● TYPO3 Association Licenses http://typo3.org/index.php?id=782