Have you ever wondered how the law treats open source software? In this presentation, we try to cover some of the major legal issues developers should know about OSS. (Originally from 12/7/12 meeting @ Hack Pittsburgh!)

1. OSS & the Law
Megan Costello, J.D.
Elliott & Davis, PC

2. MEET MEG:
Tech Enthusiast
• Freelance Web Designer
• BS in IST/SRA
• Lawschool Grad with JD
in IP & High-Tech Law
• Works @ Elliott & Davis, PC
• Goal?
Make Law More Accessible to
Fellow Technologists!!!

3. MY FIRM
Not Your Typical Law Firm!!
 Mid-Sized,Multi-Practice Firm
 Technologist Friendly
Pittsburgh Cyberlaw
 Forward-Thinking
First B-Corp in Pgh!
 Competitively Priced
 Fun, Inviting Atmosphere

4. DISCLAIMER
(You Saw this Coming…)
THIS PRESENTATION IS NOT MEANT
TO BE USED AS LEGAL ADVICE…
SO BEFORE YOU DO
ANYTHING, TALK TO A LAWYER ONE-
ON-ONE…

5. DISCLAIMER
(You Saw this Coming…)
THIS PRESENTATION IS NOT MEANT
TO BE USED AS LEGAL ADVICE…
SO BEFORE YOU DO ANYTHING,
TALK TO A LAWYER ONE-ON-ONE…
….PRETTY PLEASE? 

6. Open Source Software(OSS) IS:
 Softwarereleased with source code for the
purpose of free and open development
 Generally collaborative effort
 Promotes
free access to information for the
advancement of technology.
 Similar ideas:
 Crowd-Sourced Data, OSHW, Creative Commons, etc

7. WHY OSS ROCKS!
 Security
 Affordability
 Transparency
 Perpetuity
 Interoperability
 Localization

8. WHY OSS GETS A BAD REP
COMMON MYTHS:
 OSS IS THE “KISS OF DEATH” TO IP!
 YOU WILL NEVER GET FUNDED WITH
OSS!
 YOU WILL NEVER MAKE MONEY WITH
OSS!

9. THE REALITY
 There
are ways to avoid IP battles with
Open Source Software
 There
are ways to attract funding with
Open Source Software
 There
are ways to make money with
Open Source Software

10. MYTH #1:
OPEN SOURCE
SOFTWARE IS THE KISS
OF DEATH TO
INTELLECTUAL
PROPERTY

11. IP BASICS:
Creations of the mind used in commerce!
Copyrights
Trademarks
Trade Secrets
Patents

12. OUR FOCUS TONIGHT:

13. COPYRIGHT BASICS:
 Covers Original Artistic Expression in a
“Fixed, Tangible Medium”
FOR CODE?
Extends to both source code AND object code
 Attaches Immediately // Life of Author +70 Years.
 Federal Enforcement Requires Registration ($35!)

14. COPYRIGHT:
Just A Big Ol’ Bundle of Sticks.

15. WHERE © GETS TRICKY
DerivativeWorks
Works for Hire
+ + +
= ????????????????

16. Derivative Works
 Captures Major Elements of
an Already Copyrighted Work
 Needs to be “Original” to
Register
 NO RIGHT to Original
Copyrighted Material
SOFTWARE CONCERN:
Who Owns a Derivative Work?

17. Works Made for Hire
 Commissioned work for
another person or
company
 Commissioning
person/company generally
owns copyright
SOFTWARE CONCERN:
Does my employer own the
copyright when I make
software on my own time?

18. The Solution?
Software Licensing!!
 License= Binding Contract
Between You and User(s)
 Set of Rules that Control:
 Who Owns ©
 What may be used
 Who may use it
 How it may be used
 What happens when you break the contract
 Other stuff and legal jargon…
PS: You Still Own the Copyright!!

19. Software Licensing Spectrum
PROPRIETARY
NOT OSS TRADITIONAL OSS SOFTWARE
Weakly Strongly Closed
Public Domain Permissive
Protective Protective Source
What Isn’t OSS?
Public Domain: Closed Source
• Free of all Restrictions • Many Specific ©
• © Given to Public at Large restrictions
• Use for Any Purpose • Privately Owned/Licensed
• No License Required!

20. Where OSS Licenses Fit In:
Weakly Strongly
Permissive
Protective Protective
Permissive: Weakly Protective: Strongly Protective:
• All © rights • Hybrid © Protection • Many © restrictions
Granted to on bundling rights
Licensee • Open Components
(Software Libraries) • “Share and Share
• Software may can be used by Alike” ideology
become proprietary software
proprietary
• Components Can’t • “Copyleft”
• Attribution Req’d turn proprietary
Ex: MIT License Ex: LGPL Ex: GPLv3

21. WHAT IS:
Copyleft?
 Not an IP Type…
 LICENSING STRUCTURE!
 Requires
Others to Grant:
SAME BUNDLE OF RIGHTS
 Keeps Source Free!
(“as in speech, not as in free beer”)

22. Famous Copyleft License:
GNU GPLv3
 Unlimited Copies
 Unlimited Distribution
 Charging for Software is OK!
 But be up-front with the GPL!
 Unlimited Modifications
 But anything that uses this code
must also be released under the
GPL

23. Choosing the Right License
Many Pre-Made Licenses Approved by OSI
 Varying Degrees of Permissions
 Varying Degrees of Communities
 Cheaper/Safer Legally
 Promotes Compatibility
List of Licenses HERE:
http://opensource.org/licenses

24. A Word of Caution!
Not all Licenses
Play Well Together!
 Combining Licenses could
be potentially LETHAL to IP!
 Be sure to
READ ALL LICENSES…
 Consult a lawyer to make
sure things don’t go bad

25. MYTH #2:
YOU WILL NEVER
GET FUNDED!!!!!

26. TRUTH:
Traditional Funding = HARD
Angel Investors/Seed Funding/Incubators:
 Go For Equity
“piece of the pie”
 Love “Clean IP”
 Scared of Taking
Major Risks

27. Closed-Source License:
Accountable!
Enforceable!
Straight-Forward!
“SAFE” INVESTMENT CHOICE

28. OSS LICENSES
OSS Licenses are Enforceable BUT:
 Ownership?
 Control?
 Accountability?
 Attribution?
 License Compatibility?
“RISKY” INVESTMENT CHOICE

29. Solution?
Look For Different Funding Sources
 Crowdsourcing
Kickstarter: www.kickstarter.com
Freedom Sponsors: http://www.freedomsponsors.org/
 Donations
Gittip: https://www.gittip.com/
 OSS Friendly Organizations/Incubators
Apache Software Foundation: http://www.apache.org/

30. MYTH #3:
YOU WILL NEVER MAKE
MONEY WITH OPEN
SOURCE SOFTWARE!!!!!

31. Remember This?
PROPRIETARY
NOT OSS TRADITIONAL OSS SOFTWARE
Weakly Strongly Closed
Public Domain Permissive
Protective Protective Source

32. Truth:
“Free” Code ≠ No Revenue
 All Licenses let you sell the software you make
 Some Licenses let you turn it into proprietary
software!
(Permissive, some Weakly Protective)
 There are other ways to make money with OSS

33. Solution?:
THINK OUTSIDE THE BOX
Change Your Business Model!
 Let the software be secondary
Offer Support & Warranties
 Red Hat, Novell, Mozilla
Create Premium Add-Ons
 Wordpress

34. TAKEAWAYS!
Do:
 Talk
to a Lawyer
Familiar With IP & OSS Licensing!
 Account for All Code!
 Read All Licenses!
 Think Outside the Box!
 Always Place Licenses on Your Work!

35. TAKEAWAYS!
DON’T:
 Use Code You Can’t Account For!
 Combine Licenses Carelessly!
 Tryto Pass Off OSS as Proprietary
Software
 Get Discouraged!!!!!

36. Thanks! QUESTIONS?
Contact Me!! meg@elliott-davis.com
PittsburghCyberlaw.com
pghcyberlaw.tumblr.com
@pghcyberlaw
facebook.com/pghcyberlaw
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