Open Source Software

Terms:

proprietary: 财产，专有

confidential:
机密

relinquish: 放弃，交出

infringe: 侵犯

infringement: 违反

monetary:
货币的

attorney: 律师

indemnity: 保障，赔偿

obligation: 义务，条款，合同

be perceived
as: 被认为

1. Overview

a. key features of OSS

b. OSS licensing
arrangements

c. risk of using OSS

d. guidelines of using OSS

2. Open Source: A Primer

1) OSS is a kind of software
that

a. the source code should be freely obtainable, OR

b. the
software should be licensed for the purpose of allowing others to make
modifications/derivative works, OR

c. the software should be
redistributable for no change(free).

2) OSS characteristics:

a.
Allows free redistribution

b. source code available

c. allows
derivative works

d. preserves the integrity of the author's source
code

e. does not discriminate against persons or groups

f. does not
discriminate against fields of endeavor

g. distributable along with the
source

h. not product-specific

i. software-neutral

j.
technologicall-neutral

3) OSS is also known as "Publicly Available Software"

a. OSS is freely
redistributable

b. the source code is available and can be modified

c.
the Open Source license MUST be destributed with the source code

3. Open source Licenses （GPL and LGPL licenses: http://www.fsf.org/
）

1). OSS
liscensing impacts:

use, modification, maintenance, distribution of the
software and its derivates, cost to distribute the software, Intellectual
Property Rights(IPR)

2). Modification, Recompilation, Redistribution,
Integration

3). copyright conditions include:

a. protection by the
US and foreign copyright laws

b. existence of a copyright of author upon
creation of the software

c. copyright notices, made by placing a copyright
statement on or in the OSS

d. right claim your contribution to the work as
a "Work of Authorship"

e. need for permission of the author(s) to make and
distribute copies, and create derivative works

4). Key License
Terms

a. Grant* (授予，给予)

b. Warranty* (授权)

c. Indemnification*
(保障，赔偿物)

d. Support

e. Cost

f. Non-Assert* (不主张)

5). GPL

Imposes not restrictions on internal use of the
software

a. restriction are triggered in "public" distribution

b.
distribution to affiliates in different countries must be examined on a case by
case basis.

c. Assuming GPL licensced program "A" and a newly
written code "B" which cuts and pastes portions of A to either

(i) work
with A, or

(ii) work independent of A,

then, generally, A+B=A',
where A' must be licensed under the GPL per the GPL

Viral nature:

-
Recursive

- GPL, Section 0; GPL, Section 6

6). LGPL

-
Often used in user space/application

- Often used as an Open Source
implemetation for sorftware library in user space

- LGPL's library sources
must still be provided or made available when the libraries are
distributed

7). BSD

- there is no requirements for distribution
of any source code as part of a binary distribution (whether derivative or
not).

- there is no risk of exposure of proprietary source code

-
this license is perceived as more firendly to commercial use.

8). MySQL - dual licenses (GPL & Commercial License)

4. Riskes of Open Source Software

1) OSS risk

a.
Contamination / viral effect

b. Limited warranty and support

5. Integrating OSSM with Software Development


1)
Potential Problem Areas

a. IP protection

b. License
obligations

c. Process adherence

2) apporach

a. adding process
controls

b. performing scrubs for IP problems

c. logging and resolving
defects

d. reporting status