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Open Source Licenses

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my presentation about open source licenses

my presentation about open source licenses

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  • It don‘t has to be correct and right what I am telling you in the next half an hour
  • What are we talking about I will tell yu something about …After that we will discuss…
  • No formal deed needed – like a copyright sign like this one is not needed but not bad to have oneRelationship – UrheberpersönlichkeitsrechtUsage - Nutzungsrecht
  • Because there is a protection on the usage…a protected work can basically …
  • Utilization right – VerwertunsgrechtServer distribution: doesn‘t fit in any2003 law for public availability (Gesetz zur öffentlichen Zugängichkeitsmachung)Extra right and also reserved for the author
  • Executable – no digital music, digital pictures etc.So if you write code for your employer, everything you write there belongs to the company, but you obviously have things kept in mind
  • So, after creating your work, nobody is allowed to use it. Now you as the creator are able to allow the usage of your workYou can allow temporal usage e.g. for 1 yearSpatial –depending on where you liveDepending on type – dvd but not as downloadCharge money once or periodically
  • Problem is, that every coutry has ist own territory and its own authority to make laws – this is called „writ of law“This Convention was introduced in the 19th century to define minimal requirements to protect the work of foreignersThese requierements then got transfered to national law.So laws are similar but not equal
  • „vertragsrecht“Objector – ErheberThen they act under the general terms and conditions AGBThe work itself still copyrighted
  • EULA – licence contract for the usage of the programmCore is the admission of usage rightsScope - Kleiner umfangGeneral terms and conditions is everything around the contract (AGB)Difference: EULA puts restrictions on the user – License is for distribution rights – general termns and condition are about the contracts conditions and requirments
  • Just to make it clearDifference: – License is for distribution rights- EULA puts restrictions on the user– general termns and condition are about the contracts conditions and requirments
  • What happens if somebody publishs his work under an open source license?Not allow to abandon/quit copyright, EVEN IF YOU HAVE AN LICENSE CONTRACTBut this is not the point of an open source licenseSo you get the right to use but you have to do things for that
  • Lets have a look at an exampleVersion 3 has updates terminology more international, not tied to US legal conceptsThey adress patents They adress restrictionsCompatible to other open source licensesDigital rights management includedSpecified what happens if the license is violated
  • What does it say: You means the User German Problem: distribute doesn‘t mean as a download on a server (see 2003 law for public availability )German Law: you as a author are not allowed to quit from copyright (solution Linux-clause, Linux-Klausel says that you can grant a simply right of usage for everyone (explanation of the judges was, that it is ideational (ideell) and not a business case))
  • - Copyleft: If you change a programm, you have some copyrights too on the programm. Copyleft now says you have to publish your work with the same license, in this case the GPL. BUT you are not forced to publish it at all. But if you do so...then under GPL- Questions: no general answer, depends on the use case
  • Not all licenses are compatible to each otherThe main difference between GPL and a lot of other open source licenses is that gpl forces more code to be open source. Because every time you use gpl code and combine it, the new code has to be free too. About this topic there is a holy war for years now in the open source community.
  • Not all licenses are compatible to each otherThe main difference between GPL and a lot of other open source licenses is that gpl forces more code to be open source. Because every time you use gpl code and combine it, the new code has to be free too. About this topic there is a holy war for years now in the open source community.
  • Legal obligation – rechtliche bindung

Open Source Licenses Open Source Licenses Presentation Transcript

  • Copyright &Open Source Licenses Karol Bronke – Copyright & Open Source Licenses
  • Presentation by Stuttgart MediaKarol Bronke UniversityMaster Course„Computer Science „Property rights andand Media“ patents “ Karol Bronke – Copyright & Open Source Licenses 2
  • Disclaimer IANAL I am not a lawyer !This is no legal advice ! Karol Bronke – Copyright & Open Source Licenses 3
  • AgendaKarol Bronke – Copyright & Open Source Licenses 4
  • Copyright• Protects ‚personal intellectual creation‘• Literary work, poems, music, movies, academic drawings,… and computer programs• No trivial content• No formal deed needed• Protects the relationship between author and his work• Protects the usage of his work Karol Bronke – Copyright & Open Source Licenses 5
  • Copyright• A protected work can basically only be used by his author• BUT he can grant usage rights to other people, possibly by charging money• Basic usage right granted for – Information and educational usage – Private copy –… Karol Bronke – Copyright & Open Source Licenses 6
  • Copyright Utilization rights substantially insubstantially Public availability • multiply, disseminate, r • Public presentation, • Distribution via ent on medium broadcast without a download from a medium serverProblem: What is a distribution via download on a server? Karol Bronke – Copyright & Open Source Licenses 7
  • Copyright on computer programs• Explicitly literal work ( protectable)• Special paragraph for computer programms that are executable• Digital music, pictures etc. are not protectable• Computer programms created in employment contracts  Utilization right belongs to employer Karol Bronke – Copyright & Open Source Licenses 8
  • Utilization rightstemporal spatial type charge money once or periodically Karol Bronke – Copyright & Open Source Licenses 9
  • International• Territorial principle• ‚writ of law‘• ‚Berne Convention for the Protection of Literary and Artistic Works‘• Protection of foreign work Karol Bronke – Copyright & Open Source Licenses 10
  • Law of contract• Normal contract between author and objector is possible  general terms and conditions• Still copyright on the work itself Karol Bronke – Copyright & Open Source Licenses 11
  • Law of license• Mostly about regulation of the authors duties to allow usage of his work• EULA – End User License Agreement – are provided by the author• Core of licence contract in case of doubt for the author in minimal scope• General terms and conditions in case of doubt against the author Karol Bronke – Copyright & Open Source Licenses 12
  • License, EULA, AGBLicense• Distribution rightsEULA• Usage restrictionsGeneral terms and conditions• About the contracts conditions and requirments Karol Bronke – Copyright & Open Source Licenses 13
  • Open Source LicensesProblem: German law – You cannot quit from your copyrightSolution: open source license statements – allowance to use/distribute by concomitantly – impose duties Karol Bronke – Copyright & Open Source Licenses 14
  • General Public License• Most common open source license (50-70%)• Mostly accepted by German law – But few critical cases known• Current version 3.0, but 2.0 still used• Diverse possible variations – LGPL (for libraries) – GFDL (for documentations) –… Karol Bronke – Copyright & Open Source Licenses 15
  • General Public License• You may copy and distribute verbatim copies of the program• You are allowed to change the program and distribute the changed version• You are not allowed to change the licenses text• You have a couple of duties … Karol Bronke – Copyright & Open Source Licenses 16
  • General Public License• Basic duty: With every Copy you have to distribute a license• Copyleft: After changing the programm you have to quit from the same rights – Questions for companies: • Which kind of change hits the copyleft? • Does merging two software parts hit the copyleft? Karol Bronke – Copyright & Open Source Licenses 17
  • Apache License• You are allowed to freely use, distribute and modify software under this license• If you distribute, you have to name the author and include the license text• Modifications have to be marked noticeably, but you do not have to inform the author• You software cannot be called –apache-• Compatible to GPL 3• Current version is 2.0 Karol Bronke – Copyright & Open Source Licenses 18
  • Apache License Karol Bronke – Copyright & Open Source Licenses 19
  • Berkeley Software Distribution• You are allowed to freely use, distribute and modify the software under this license• You are not allowed to delete the original copyright• Difference: NO COPYLEFT – If you change a BSD programm you can do whatever you want with it – The new software doesn‘t have to be again under BSD – The source code must not be published• Examples are – FreeBSD (OS) – Mac OS X, … Karol Bronke – Copyright & Open Source Licenses 20
  • MIT License• Massachusetts Institute of Technology License• Other names: X-License or X11 License• Allows usage of MIT software either the code is freely accesible or not• License text is changable• Examples – OS Haiku – Ruby on Rails – X Window System (X11) – … Karol Bronke – Copyright & Open Source Licenses 21
  • Mozilla Public License• Main goal  licensing browser and tools• Copied or modified code has to be under MPL again• Combinations of MPL code with ‚no-open-source‘ code possible – Depending on the attachment of the components• Very weak copyleft license• Between GPL and BSD• Examples – OpenSolaris (Sun) – AOL Server, … Karol Bronke – Copyright & Open Source Licenses 22
  • Other licenses• Common Development and Distribution License CDDL• Eclipse Public License EPL• Educational Community License ESL• NASA open source Agreement NASA• Qt Public license• … Karol Bronke – Copyright & Open Source Licenses 23
  • Compatibility• Not all licenses are compatible to each other• Main difference between GPL and GPL related licenses and other open source licenses • GPL forces more or less code to be open • If you combine code, the new code has to be under GPL too  could lead to more & better software• Holy war for year inside of open spurce community Karol Bronke – Copyright & Open Source Licenses 24
  • Legal obligation• Many different cases• Mostly obligatory under law of license and law of contract• Usage is excluded from licenses • If you just use it, you don‘t have to cope with licenses • If you distribute, copy or change it, you have to• English license text is not a reason not to follow the licenses condition Karol Bronke – Copyright & Open Source Licenses 25
  • Thank you!Contact:Karol Bronkekarol.bronke@hdm-stuttgart.de Karol Bronke – Copyright & Open Source Licenses 26
  • Source materials• www.fsf.org• www.gnu.org• http://www.opensourcejahrbuch.de/Archiv/2005/2005/abstracts/2004/pdfs/IV- 3-KoglinMetzger.pdf• http://www.gnu.org/licenses/license-list.html• Creativecommons.org• www.bpb.de• http://www.heise.de/open/artikel/Open-Source-Lizenzen-221957.html• Freie-software.bpb.de• www.opensource.org/licenses/ 27