unhi creative works symposium session: open source issues and opportunities

Presented by:

Kristin A. Mendoza

OPEN SOURCE ISSUES AND OPPORTUNITIES:

An Introduction to Open Source, Managing Open Source and Creative

Commons

UNHInnovation Creative Works SymposiumApril 29, 2015

04/15/2023 COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION

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This presentation is a legal summary and, because of its generality, may not be applicable to your situation. For specific legal advice, you

should consult with your attorney about your particular needs.

DISCLAIMER

COPYRIGHT © 2015 DEVINE, MILLIMET & BRANCH, PROFESSIONAL ASSOCIATION

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Knowing the Vocabulary Copyright vs Copyleft vs Copyfree OpenSource Creative Commons

Understanding the Legal Framework Proprietary vs. Open Creative Commons

Implementing the License Open Source Copyfree Creative Commons

PRESENTATION AGENDA


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Copyright – A federal right owned by every author of a work to exclude others from doing any of the following five activities:

Reproduction Adaptation Distribution to the public Performance in public Display in public

VOCABULARY


Copyright protection exists from the moment of creation and fixation of a work in any tangible medium of expression. To be valid, a copyrighted work must have originality and some modicum of creativity.

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Copyleft – The practice of using copyright law to offer a form of license whereby users have the right to distribute copies and modify versions of a work provided that that the same rights to distribute and modify are preserved in versions of the work created by others.

VOCABULARY


Often used interchangeably with “Open Source”

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Copyfree – The practice of using copyright law to offer a form of license whereby users have the right to freely copy, use, modify and distribute a work without restriction.

VOCABULARY


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Public Domain – The status of a creative work or invention that is not protected by a form of intellectual property law. Works in the public domain may be freely used without the permission of the former author or owner of the work or invention.

VOCABULARY


Since the public domain is the expiration or non-existence of exclusive right, there is some question as to how an author dedicates a creative work to the public domain. In practice, the author can simply not assert legal rights against other users of his work as though his exclusive rights no longer exist. However, the user of the work who relies on the impassivity of the author runs the risk of not having legal claim to any derivative work created by that user.

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Open Source – The practice of using copyright law to offer a form of software license that meets copyleft principles by abiding by the following criteria:

Free Redistribution – No license or royalty for sales of software containing open source code

Source Code – The program must include the source code and allow distribution in source code form, as well as compiled form

Derivative Works – The license must allow others to modify and make derivative works No Discrimination – Against any person, group OR specific fields of endeavor Distribution of License – Rights given under the license must apply to all to whom the

program is redistributed without the need to execute a new license Must Be Product and Technology Neutral Must Not Restrict Other Software – The license cannot insist that all other programs

distributed with the licensed software be open source.

VOCABULARY


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Creative Commons – The practice of using copyright law to offer several forms of copyright l icenses reserving some rights to the author while granting other rights to users. In essence, instead of “all rights reserved”, this is a “some rights reserved” approach to copyright. The forms of l icenses are:

Attribution – Lets other distribute, modify or build upon an original work, even for commercial use, as long as they credit the author for the original creation

Attribution-NoDervs – Allows for redistribution, for commercial or non-commercial use, as long as the original work is passed along, unchanged and in whole, with credit to the author

Attribution-NonCommercial-ShareAlike – Lets others modify or build upon an original work for non-commercial use only as long as they credit the author of the original creation and share their new creation under the identical terms

Attribution-ShareAlike – Lets others modify or build upon an original work, even for commercial use, as they credit the author of the original creation and share their new creation under the identical terms

Attribution-NonCommercial - Lets other modify or build upon an original work, for non-commercial use only, as long as they credit the author for the original creation

Attribution-NonCommercial-NoDerivs – Allows others to download the original work and share it with others, for non-commercial use, unchanged and in whole, as long as they credit the author

VOCABULARY


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UNDERSTANDING THE LEGAL FRAMEWORK


Most Favorable to

Author

Least Favorable to

Author

Public Domain

Copyright CopyfreeCopyleft

Open Source

Creative Commons

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Proprietary Open

License Fee Yes Yes, although more common free

User Access to Source Code / Original Work Product

No Yes

Control of New Features / Product Modifications

Creator The development community

Security Subject to internal controls of the creator

Possibility for malware to be embedded by the development

community

Development Time / Cost Can be significant and is dependent upon the resources of

the creator

Generally, shorter development time and lower cost

Quality of Source Code / Original Work Product

Varies Varies



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Key points about Open licenses:Appropriate for sharing content publicly (including software or

hardware) If licensing software, the source code must be made availableRequires a derivation work to be shared under the same license terms “Mixed Source” software is possible (Ability to combine proprietary

source code and open source into a single software project) but must be careful with licenses

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Proprietary Open

User-Friendly Tends to have user-friendly interfaces and features

Tends to have more technical interface and features

Customer Support Expected Difficult



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Key points about Creative Commons licenses:Appropriate for sharing content publicly (but not software or hardware)Do not contain warranties of any kindRequires attribution to the authorPeople who use the content under a Creative Commons license may

rely on the license even if the author stops distributing the workNeed to make sure that Creative Commons license does not violate

other obligations of the author (e.g., employment agreement)

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IMPLEMENTING THE LICENSE


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GNU General Public License (software)GNU Affero General Public License

(AGPL) (servers)GNU Free Documentation License (FDL)

(text)Apache License 2.0BSD 3-Clause "New" or "Revised" l icenseBSD 2-Clause "Simplif ied" or "FreeBSD"

licenseMIT licenseMozilla Public License 2.0Common Development and Distribution

LicenseEclipse Public License

COPYLEFT LICENSES


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COPYLEFT LICENSES


License Grant

“Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.”

- Apache License 2.0

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COPYLEFT LICENSES


Redistr ibut ion

“You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

You must give any other recipients of the Work or Derivat ive Works a copy of this License; and You must cause any modif ied f i les to carry prominent not ices stat ing that You changed the f i les; and You must retain, in the Source form of any Derivat ive Works that You distr ibute, al l copyright, patent, trademark, and attr ibut ion notices

from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivat ive Works; and I f the Work includes a "NOTICE" text f i le as part of i ts distr ibut ion, then any Derivat ive Works that You distr ibute must include a

readable copy of the attr ibut ion notices contained within such NOTICE f i le, excluding those notices that do not pertain to any part of the Derivat ive Works, in at least one of the fol lowing places: within a NOTICE text f i le distr ibuted as part of the Derivat ive Works; within the Source form or documentat ion, i f provided along with the Derivat ive Works; or, within a display generated by the Derivat ive Works, i f and wherever such third-party not ices normally appear. The contents of the NOTICE f i le are for informational purposes only and do not modify the License. You may add Your own attr ibut ion notices within Derivat ive Works that You distr ibute, alongside or as an addendum to the NOTICE text from the Work, provided that such addit ional attr ibut ion notices cannot be construed as modify ing the License.

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.”

- Apache License 2.0

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AMANDA L icense Beer-Ware L icense BeOpen Python Open Source L icense Agreement BSD Documentat ion L icense Boost Sof tware L icense Creat ive Commons Zero Clear BSD L icense CMU License Copyf ree Open Innovat ion L icense Crowley Thelemic L icense CWI L icense Agreement for Python Detachable Publ ic L icense Do What The F*** You Want To Publ ic L icense v2 FreeBSD Documentat ion L icense Genera l At t r ibut ion L icense Give I t Your Own L icense, L icense GNU Al l -Permiss ive L icense Histor ica l Permiss ion Not ice and Disc la imer Incons iderate L icense

COPYFREE LICENSES


Lucent Publ ic L icense v1.02 MINIX 3 License MirOS License MIT/X11 License Microsof t Publ ic L icense Nietzsche Publ ic L icense OpenLDAP Publ ic L icense v2.8 Open Works License Pancake Publ ic L icense PostgreSQL License Python Imaging Library L icense Revised BSD License Simpl i f ied BSD License Software At t r ibut ion L icense Tcl /Tk License Tiny License Toybox License Universi ty of I l l inois/NCSA Open Source License Unl icense Z Shel l L icense

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COPYFREE LICENSES


License Grant

“Copying and distribution of this file, with or without modification, are permitted in any medium without royalty provided the copyright notice and this notice are preserved. This file is offered as-is, without any warranty.”

- GNU All-Permissive License

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CREATIVE COMMONS


www.creativecommons.org

Click on “Legal Code”

2504/15/2023

THANK YOU!

Kristin A. Mendoza

(603) 695-8576

[email protected]


unhi creative works symposium session: open source issues and opportunities

Business

copyright law

open source code source

millimet branch

copyright protection

professional association

open creative commons

derivative work

copyrighted work