Open Source: Legal & Policy Issues

by AVESH GUPTA

AGENDA

Introduction to Open Source The state of Open Source today The Open Source movement Legal Issues Policy Issues The road forward Q&A

Introduction to Open Source

Open Source software refers to software that: Is freely available Is available in source code Can be modified and redistributed Is subjected to a minimum of restrictions Examples of Open Source software: Linux, MySQL, PHP ,Mozilla , Apache , Open Office Linux Point of comparison is proprietary software

The State of Open Source

Open Source today Underpins a significant portion of Internets infrastructure 66% of Internet servers run Apache (2002) Sendmail is main E-mail server (42%) Offerings have matured Full set of software applications ranging from operating systems, web server software, application software Increasingly embedded in devices, ranging from POS, mobile phones, PDAs, satellite digital receivers to super computers and even space vehicles

The Open Source Movement

The Open Source Movement

Richard

Stallman started GNU project in 1984 Free Software Foundation established in 1985 to promote Free Software GNU General Public License (GPL) issued in 1989 Netscape released browser as Open Source project (Mozilla) in 1998 Term Open Source coined in 1998 Move away from Free Software Open Source Initiative formed Open Source Definition issued OSI Certified Open Source Software Feb. 2004 52 approved licenses

Legal Issues
Less

addressed than technical, political and economic contexts Dearth of litigation worldwide

Focus:

Status of Open Source licenses and particularly GPL untested In other words, there are only questions with regard to the legal issues involving Open Source licenses, not any definitive answers Dennis Kennedy
Enforceability of GPL in Malaysian context GPL most popular and widely used Open Source license (85% of Open Source licenses) Legal considerations to be taken into account when advising in relation to open source

Legal Issues
Ownership

software

of Open Source

Who owns Open Source software? Where an Open Source project forks, who can enforce the GPL in an infringement action?

Enforcement of the GPL How can an action be brought for infringement of the GPL? Assignment to the FSF Enforcement of the GPL in an international context

Legal Issues
Considerations

Which is the correct license to use taking into account for the business you are representing? How to manage Open Source licenses in a mixed Open Source and proprietary environment? Effect of non-licensed contributions to Open Source project Managing employees contributions / participation in Open Source projects When providing Open Source related services, to what extent can warranties and indemnities be given? Protection of trademark v. code Creation of own license?

to be taken into account by legal advisers

Policy Issues Recognising the benefits of Open Source

Prevents

lock-in to any single vendor or technology Freedom to redistribute, enhance and improve the software Increases innovation and transfer of technology Cost benefit for less affluent nations and societies Higher security and a faster bug fix cycle based on peer review and community participation Ensures that open standards are adhered to and prevents legacy lock-in

Policy Issues

Recognising the continuing relevance and role of proprietary software

TCO

may dictate that proprietary software is the best option even when compared to Open Source solutions Government concerns on closed nature of proprietary systems being addressed by vendors Evaluation of Open Source software requires Open Source savvy technical personnel which most organisations lack Security of Open Source software not a given

The Road Forward?

Increase

awareness of legal issues related to use of Open Source software community and legal counsel up policies and guidelines on acceptability of various Open Software licenses in the context of the Indian public and private sectors Consider legislating / setting policies to require consideration of Open Source software in public procurement contracts

Draw