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Legal

How to make sense of the Apache 2 patent license

Filed under
Red Hat
OSS
Legal

In essence, when a software developer contributes code to a project (i.e., the Work under the license), he or she becomes a Contributor. Under the above term, Contributors are granting permission to use any of their patents that may read on their contribution. This provides peace of mind to users since the Contributor would likely be prevented from pursuing patent royalties from any users of the software covering that contribution to the project.

Complexities arise when the software developer contributes code that is not claimed by any of the Contributor's patents by itself, but only when combined with the Apache 2.0 licensed open source program to which the contribution was made (i.e., the Work under the license). Thus, the Contributor owning such a patent could pursue patent royalties against a user of that revised Work. The authors of the Apache 2.0 license were forward thinking and account for this scenario. Section 3 states that the license applies to "patent claims licensable by such Contributor that are necessarily infringed... by a combination of their Contribution(s) with the Work to which such Contributions was submitted."

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Bruce Perens Suffers for Copyleft Defense, Microsoft Still Openwashing

Filed under
Legal

Free Electrons becomes Bootlin (After Trademark Bullying/Trolling by FREE SAS)

Filed under
Linux
Legal

The services we offer are different, we target a different audience (professionals instead of individuals), and most of our communication efforts are in English, to reach an international audience. Therefore Michael Opdenacker and Free Electrons’ management believe that there is no risk of confusion between Free Electrons and FREE SAS. However, FREE SAS has filed in excess of 100 oppositions and District Court actions against trademarks or name containing “free”. In view of the resources needed to fight this case, Free Electrons has decided to change name without waiting for the decision of the District Court. This will allow us to stay focused on our projects rather than exhausting ourselves fighting a long legal battle.

[...]

Nothing else changes in the company. We are the same engineers, the same Linux kernel contributors and maintainers (now 6 of us have their names in the Linux MAINTAINERS file), with the same technical skills and appetite for new technical challenges.

More than ever, we remain united by the passion we all share in the company since the beginning: working with hardware and low-level software, working together with the free software community, and sharing the experience with others so that they can at least get the best of what the community offers and hopefully one day become active contributors too. “Get the best of the community” is effectively one of our slogans.

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Open-source civil war: Olive branch offered in trademark spat... with live grenade attached

Filed under
GNU
Legal

A few days before the Christmas holiday, the Software Freedom Law Center (SFLC) made a peace offering of sorts in an ostensible effort to resolve its trademark dispute with the Software Freedom Conservancy (SFC).

In September last year, SFLC sued the SFC claiming that the SFC trademark "Software Freedom Conservancy" is confusingly similar to the SFLC's "Software Freedom Law Center" trademark.

The SFLC was formed in 2005 to provide legal services for open-source projects. And in 2006, it helped set up the SFC, so it could provide infrastructure support – including legal services – for open-source developers.

That shared history and similarity of purpose has made the intellectual property dispute between two organizations rather confusing to folks in the open source community.

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Multiple-guess quiz will make Brit fliers safer, hopes drone-maker DJI

Filed under
GNU
Security
Legal

Meanwhile, security researcher Jon Sawyer has published a root exploit for DJI drones called DUMLRacer. It would appear to allow the technically competent dronie to completely ignore DJI's height and location restrictions, which form a large part of its please-don't-regulate-us-out-of-existence offering to governments around the world.

In his tweet announcing the release, Sawyer said: "Dear DJI, next time I ask for some GPL source code, maybe don't tell me no."

At the heart of DJI's software is GNU General Public Licensed (open source) code. While the firm does publish some of its source code, as previously reported, the company is not exactly clear about what elements of its drones' firmware are based on GPL-licensed code. The GPL contains a provision stating that anyone can modify GPL-licensed code provided that the source of any publicly available modded version is also made public, as the GPL FAQ makes clear.

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Grsecurity SLAPP Case Defeated

Filed under
GNU
Security
Legal
  • Kernel hardening group's suit against open source advocate thrown out

    A judge in San Francisco has granted a motion by noted open source advocate Bruce Perens to dismiss a defamation suit filed against him by Grsecurity, a group that supplies a patch for hardening the Linux kernel.

    Magistrate judge Laurel Beeler agreed to Perens' (right, below) motion on Thursday but denied his bid to invoke the anti-SLAPP (Strategic Lawsuit Against Public Participation) law in California.

    This law deals with legal complaints that are directed at stopping public discussion and free speech. California put in place an anti-SLAPP law in 1992.

  • Court Throws Out Libel Lawsuit Brought by Open Source Security

    The defendant Bruce Perens -- who is a respected programmer known for his founding of the Open Source Initiative -- criticized OSS's business model for distributing its security patches on the ground that it violated the open-source license and thus potentially subjected users to liability for copyright infringement or breach of contract. The plaintiffs [sued, basically for defamation -EV]....

Conservancy: How and Why We Should Settle

Filed under
Legal

Yesterday marks three years that I have been trying to negotiate a peaceful settlement with my ex-employees, Karen Sandler and Bradley Kuhn, of various complaints SFLC and I have about the way they treat us. After all this time when they would not even meet with us to discuss our issues, the involvement of the Trademark Trial and Appeals Board in one aspect of the matter has at least created a space for structured discussion. Intermediaries both organizations work with and trust have generously taken the opportunity to communicate our settlement proposals, and we have initiated discussion through counsel. As transparency is, indeed, a valued commitment in the free software world, we think it is now time to publish our offer:

We propose a general peace, releasing all claims that the parties have against one another, in return for an iron-clad agreement for mutual non-disparagement, binding all the organizations and individuals involved, with strong safeguards against breach. SFLC will offer, as part of such an overall agreement, a perpetual, royalty-free trademark license for the Software Freedom Conservancy to keep and use its present name, subject to agreed measures to prevent confusion, and continued observance of the non-disparagement agreement.

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Also: Conservancy's Executive Director Delivers Keynote Address at Swatantra '17

Open-source community stresses worries on new Copyright Directive in open letter to EU

Filed under
OSS
Legal

This week, more than 80 organisations involved in open source software wrote an open letter to the Council of the EU and the European Commission expressing their concerns on the new Copyright Directive as it is currently proposed. According to the signatories, Article 13 in particular will cause irreparable damage to their fundamental rights and freedoms, their economy and competitiveness, their education and research, their innovation and competition, their creativity and their culture.

Article 13 obliges Internet service providers that store and provide public access to large amounts of works or other subject matter uploaded by their users to ensure the functioning of agreements concluded with rightholders. Where such agreements do not apply, service providers must prevent the availability of the rightholders' intellectual property on the service. To that purpose, service providers should cooperate with rightholders and implement measures such as the use of effective content recognition technologies.

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GPL Predictability

Filed under
OSS
Legal
  • Tech leaders team up to improve predictability in open source licencing

    Red Hat, Inc., Facebook, Inc., Google, and IBM Corp. are joining forces to help alleviate open source licence issues, including compliance errors and mistakes.

    The GNU General Public Licence (GPL) and GNU General Public Licence (LGPL) are two of the most common open source software licences, covering almost all software, including parts of the Linux system. The third version of GPL (GPLv3) includes an express termination approach that gives users the opportunities to fix errors in licence compliance in a faster and more efficient manner than before.

    Now, the trio has committed to extending the express termination feature to the previous two versions of GPL to provide better predictability to users of open source software.

  • Four companies extend terms of open source licensing

    Google, Facebook, IBM and Red Hat have taken steps to increase the predictability of open-source licensing, extending additional rights to fix open source licence compliance errors and mistakes.

    The move follows a recent announcement by many kernel developers about licence enforcement.

    The Linux kernel, which is used widely by the four companies named, is released under the GNU General Public Licence version 2.0. A later version of this licence includes an approach that offers users an opportunity to comply with the licence.

  • Adopting a Community-Oriented Approach to Open Source License Compliance

    Today Google joins Red Hat, Facebook, and IBM alongside the Linux Kernel Community in increasing the predictability of open source license compliance and enforcement.

    We are taking an approach to compliance enforcement that is consistent with the Principles of Community-Oriented GPL Enforcement. We hope that this will encourage greater collaboration on open source projects, and foster discussion on how we can all continue to work closely together.

  • Facebook, Google, IBM and Red Hat team up on open-source license compliance

    “We are taking an approach to compliance enforcement that is consistent with the Principles of Community-Oriented GPL Enforcement. We hope that this will encourage greater collaboration on open source projects, and foster discussion on how we can all continue to work closely together,” Chris DiBona, director of open source for Google, wrote in a blog post.

  • Technology Industry Leaders Join Forces to Increase Predictability in Open Source Licensing

    Red Hat, Inc. (NYSE: RHT), Facebook, Inc. (NASDAQ: FB), Google (NASDAQ: GOOGL) and IBM (NYSE: IBM) today announced efforts to promote additional predictability in open source licensing, by committing to extend additional rights to cure open source license compliance errors and mistakes.

  • Copyleft Licensing: Applying GPLv3 Termination to GPLv2-licensed Works

    Today a coalition of major companies—led by Red Hat and including Google, IBM and Facebook—who create, modify and distribute FOSS under copyleft licenses have committed to the use of GPLv3’s approach to license termination for all their works published under the terms of GPLv2 and LGPLv2.1. Following last month’s statement to similar effect by the developers of the Linux kernel, the world’s most widely-used GPLv2 program, today’s announcement establishes a broad consensus in favor of the “notice and cure period” approach to first-time infringement issues that Richard Stallman and I adopted in GPLv3 more than a decade ago. This adoption of GPLv3’s approach for GPLv2 programs is an enormously important step in securing the long-term viability of copyleft licensing. All computer users who wish to see their rights respected by the technology they use are better off.

    GPLv2, which was written by Richard Stallman and Jerry Cohen, is a masterpiece of legal innovation and durability. First released in mid-1991, GPLv2 transformed thinking around the world about the viability of copyright commons, and gave birth to a range of “share alike” licensing institutions, not only for software but for all forms of digital culture. It is still in unmodified use after more than a quarter-century, attaining a degree of institutional stability more often associated with statutes and constitutions than with transactional documents like copyright licenses.

Technology Industry Leaders Join Forces to Increase Predictability in Open Source Licensing

Filed under
OSS
Legal

Red Hat, Facebook, Google and IBM have announced efforts to promote additional predictability in open source licensing, by committing to extend additional rights to cure open source license compliance errors and mistakes.

The GNU General Public License (GPL) and GNU Lesser General Public License (LGPL) are among the most widely-used open source software licenses, covering, among other software, critical parts of the Linux ecosystem. When GPL version 3 (GPLv3) was released, it introduced an express termination approach that offered users opportunities to cure errors in license compliance. This termination policy in GPLv3 provided a more reasonable approach to errors and mistakes, which are often inadvertent. This approach allows for enforcement of license compliance that is consistent with community norms,

To provide greater predictability to users of open source software, Red Hat, Facebook, Google and IBM today each committed to extending the GPLv3 approach for license compliance errors to the software code that each licenses under GPLv2 and LGPLv2.1 and v2.

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Also: Tech leaders join forces to increase predictability in Open Source licensing

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