The document discusses open source licensing for software developers. It covers how copyright law evolved to cover software and protect creative works. It then defines free and open source software and discusses various open source licenses developers can choose from, including permissive licenses and copyleft licenses. It also discusses how patent law evolved to cover software functionality. The document provides guidance on picking an appropriate open source license and considerations like compatibility with upstream work. It notes the importance of checking with employers and understanding how licenses allow for derivative works and distribution.

1. Open Source
Licensing for
Developers
Deb Nicholson
Community Outreach
OpenInvention Network

2. deb@openinventionnetwork.com
@baconandcoconut

3. What I'm going to cover

4. ● Copyright – how it evolved to cover software

5. ● Copyright – how it evolved to cover software
● What free/open source software is

6. ● Copyright – how it evolved to cover software
● What free/open source software is
● Patent Law – how it evolved to cover software

7. Copyright

9. Think of it as the content

13. All our software licenses rest
on top of copyright law.

16. Use, study, share
and improve the software

17. Picking a license
● Check your upstream

18. Picking a license
● Check your upstream
● Check with your boss

19. Picking a license
● Check your upstream
● Check with your boss
● Copyleft and derivative works

21. Picking a license
● Check your upstream
● Check with your boss
● Copyleft and derivative works
● Permissive licenses

22. Picking a license
● Check your upstream
● Check with your boss
● Copyleft and derivative works
● Permissive licenses
● Special snowflakes

23. Picking a license
● Check your upstream
● Check with your boss
● Copyleft and derivative works
● Permissive licenses
● Special snowflakes, not recommended

24. Picking a license
● Check your upstream
● Check with your boss
● Copyleft and derivative works
● Permissive licenses
● Special snowflakes, not recommended
● Unless you are an expert

25. Life, plus 70 years

26. You got your patents in my copyright?!

27. Patents

28. Functionality

29. Think of it as the answer to,
“But what does it do?”

33. “Functional claiming”

34. What isn't patentable?

35. What isn't patentable?
● Things other people have
already done, aka “novel”

36. What isn't patentable?
● Things other people have
already done, aka “novel”
● Things that are obvious

37. What isn't patentable?
● Things other people have
already done, aka “novel”
● Things that are obvious
● Things that don't or can't exist

38. What isn't patentable?
● Things other people have
already done, aka “novel”
● Things that are obvious
● Things that don't or can't exist
● Algorithms (on their own)

39. What isn't patentable?
● Things other people have
already done, aka “novel”
● Things that are obvious
● Things that don't or can't exist
● Algorithms (on their own)
● Naturally occurring
phenomena

40. What isn't patentable?
● Things other people have
already done, aka “novel”
● Things that are obvious
● Things that don't or can't exist
● Algorithms (on their own)
● Naturally occurring
phenomena
● Illegal activity

41. What isn't patentable?
● Things other people have
already done, aka “novel”
● Things that are obvious
● Things that don't or can't exist
● Algorithms (on their own)
● Naturally occurring
phenomena
● Illegal activity
● Notably, tax fraud

42. Choosing

43. A safe space for collaboration

44. Older or Permissive Licenses

45. Older or Permissive Licenses: MIT, BSD and older
versions of GPL, LGPL and Apache

46. Modern Licenses

47. Modern Licenses: GPLv3, Apache 2, MPL

48. What kind of community are you building?

50. Open Hardware Licenses

51. The Open Compute Licenses

52. TAPR & CERN

53. In closing...

54. Copyright: Choose a license
that matches your goals for your code.

55. Patents: The best offense,
...is defense. (Join OIN!)

56. When in doubt, get a lawyer.

57. Further Resources
https://opensource.org/licenses
http://en.swpat.org/wiki/Patent_clauses_in_software_licences
https://apache.org/
http://opencompute.org/blog/request-for-comment-ocp-hardware-license-
agreement/
https://opensource.com/law/15/2/intro-open-hardware-licensing

58. Picture Credits
CC.BY -Yellow Brick by Matti Mattila (Flickr) - MoonCakes by Atlaslin (Wikipedia) - Citgo Sign by Kent
Goldman(Flickr) - Feather by Nathan Jones (Flickr) -- Hey Jude and Revolution by jmaworks (Flickr)
CC.BY.SA - Yellow Brick Wall by Lee Jordan(Flickr), Renaissance Lighbulb by eoin (Flickr), Flattened Round Pills
by Eleassar (Wikipedia)
Fair Use -Identical Twins by Diane Arbus, Steamboat Willie belongs to Disney, Sneetches from Dr. Suess, ICP at
Desk
GFDL – Dynamic Duo, Cow by Daniel Shwen (Wikipedia)
Public Domainon Wikipedia - Melk Abbey Library, Fox Movietone, Musical Score, Standard Pin
CC0 – Scripts from Urchn.org
Font: League Gothic, available under the SIL OpenFont License

59. Questions?
deb@openinventionnetwork.com