1. Open Source Software & Open Source Hardware licensing A comparison

2. Overview  Context  Primer on copyright  SOFTWARE  Principles of OSS  HARDWARE  Principles of OSH  Differences between OSS and OSH 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 2

3. Context 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 3

4. Technological and cultural developments Open science, open innovation, open source learning… Web 2.0, DIY, 3D printing, hackerspace, instructables, 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 4

5. Open?  Open ≠ free (in the sense: “not subject to obligation”) there are obligations  Open ≠ non-commercial, does not prevent commercialization of products based on the open-sourced item  Open = accessible, not kept secret 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 5

6. Copyright

7.  Copyright is a legal protection covering “literary and artistic works”  publications, drawings, plans, etc, but also software  It protects the way an idea is expressed rather than the idea itself.  Copyright comes into force automatically, but often goes hand in hand with licensing provisions (not automatic) 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 7

8. Basics of Copyright What  Original literary, dramatic, musical or artistic works,  A table or compilation other than a database, computer program, preparatory design material for a computer program, database…  Graphic works, photographs, sculpture, collages, work of architecture, painting, drawing, diagram, map, chart, plan… Who  Author ≠ owner How  Right to forbid, for 70 years after author’s death  Owner: unlicensed exploitation of his work (copying, publishing, distributing, reproduction, making adaptations);  Author: violation of his moral rights 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 8

9. Software 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 9

10. Copyright in the computer context -1 Software product as collection of copyright works:  Program code ( literary work)  Preparatory design material (literary work)  Documentation and other written materials supplied with package (literary work)  Artwork included on packaging or in documentation (artistic work)  Graphic works or photographs used to produce screen images (artistic works)  Typographical arrangement of the documentation  Sounds which are produced (musical work)  Code producing the sounds would itself be a sound recording  Any set sequence of images produced when the program is run would be a film  Database (could also be protected under Database right)  Broadcast 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 10

11. Copyright in the computer context - 2  Infringement of program copyright by use  Back-up copies  Copying, compatibility, and reverse engineering  Proving non-literal infringement  Infringement by non-literal copying  Decompilation of computer programs (for interoperability)  Second-hand copies  Moral rights (paternity, integrity, false attribution, privacy) 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 11

12. License: what is it?  Copyright is property  can be bought, sold, given away, left as inheritance, licensed...  Agreement giving one party permission to exploit the other party’s rights. It sets the conditions under which that party will be allowed to access the licensed work  Without the license, the would-be licensee would be infringing the IPRs. NB: A license (permission) is not an assignment of rights (transfer).  The license/permission can relate to:  Some or all rights (e.g. only the right to copy or make adaptations)  Limited period (e.g. for 5 years)  Limited use (e.g. home use)  Object code / source code 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 12

13. Software licensing  In general, in software licensing:  Open Source licensing  Proprietary licensing (!terminology)  Open source licensing  Academic license  Reciprocal licence (copyleft) 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 13

14. Open source licensing  Licensees are free to use open source software for any purpose whatsoever  Licensees are free to make copies of open source software and to distribute them without payment of royalties to a licensor  Licensees are free to create derivative works of open source software and to distribute them without payment of royalties to a licensor  Licensees are free to access and use the source code of open source software Licensees are free to combine open source and other software 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 14

15. Free Software vs. … Free Software Foundation (FSF)  Laid down Free Software (FS) principles (free speech, not free beer)  Freedom to run the program, for any purpose  Freedom to study how the program works, and adapt it to your needs (access to source code is precondition for this)  Freedom to redistribute copies (help your neighbour)  Freedom to improve the program, and release your improvements to the public, so that the whole community benefits (access to source code is precondition for this)  Developed the two major FS pubic licenses (GPL, LGPL) 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 15

16. … Open Source Software Open Source Initiative (OSI) 40 approved licenses  Defined Criteria for Open Source license, viz.:  Free redistribution  Source code  Derivative work  Integrity of author’s source code (only if allow patch files)  No discrimination against persons or groups, or fields of endeavour  Distribution of license (don’t need to sign additional agreement)  Not product-specific  No restriction on other software  Technology-neutral 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 16

17. Hardware 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 17

18. Open (Source) Hardware  Open source hardware is hardware whose design is made publicly available so that anyone can study, modify, distribute, make, and sell the design or hardware based on that design. The hardware's source, the design from which it is made, is available in the preferred format for making modifications to it. Ideally, open source hardware uses readily-available components and materials, standard processes, open infrastructure, unrestricted content, and open-source design tools to maximize the ability of individuals to make and use hardware. Open source hardware gives people the freedom to control their technology while sharing knowledge and encouraging commerce through the open exchange of designs. 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 18

19. Open Hardware Repository (Javier Serrano, BE) http://www.ohwr.org http://www.ohwr.org  Create framework for collaboration among research institutes and beyond  Make available designs and documentation openly  Modification/redistribution of design by all  Manufacture of products without further involvement by CERN 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 19

20. Copyright in the hardware context  Use copyright in Documentation as basis  Normally hardware covered by patents or design rights  Functional vs. original  2D vs. 3D 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 20

21. Legal framework?  Open Source Software licence  e.g. GNU GPL  Open Content licence  e.g. GNU Free Documentation Licence, Creative Commons  Open Source Hardware licence  e.g. TAPR, e-Puck 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 21

23. Scope Characteristics  Documentation: permitted uses and conditions  Use, copy, distribute;  Modify, subject to certain conditions  Keep notices and disclaimer of warranties;  Make clear that the Documentation was modified;  License modifications under same conditions (CERN OHL)  Notify Licensor of modifications  Licence to patents owned by Licensor included  Manufacturing products  Manufacture  Distribute products, subject to certain conditions  Together with Documentation  Comply with same obligations that apply to Documentation  Inform Licensor

24. Need to demonstrate impact (visibility) Characteristics  “Invitation” for manufacturer to inform licensors having expressed the interest in receiving information about the type, quantity and dates of production of products based on the documentation.  Requirement to maintain copyright notices.

25. Disclaimer of warranties and liability Characteristics  Documentation provided “as is”,  No guarantee that the documentation do not infringe any intellectual property rights  No liability

26. Advantages:  For designers:  Avoid duplication of efforts  Get peer review and help from fellow designers  Tackle more ambitious projects  For companies  Get peer review and help from customers  Low entry barriers  Build hybrid solutions  For clients  No vendor lock-in  Reasonable prices  Competition based on quality and added value

27. Why chose Open Source? Software  best choice for large developments where interaction between several parties is essential, and there is a need for use of 3rd party software  Open source on some programs does not mean open-source on all Hardware  Speed up project  Re-use  Disseminate knowledge/technologies  Open door for smaller companies 8/5/2013Training Seminar @ Lund 27

28. Differences OSS / …  Widely understood concepts, accepted and validated  OSI as guardian of principles/definition  Open source software, on its own, still seen as being more difficult to exploit commercially 8/5/2013Training Seminar @ Lund 28

29. …. OSH  Validity of the scheme  Universality of the scheme (all types of hardware?)  New concept, not always understood  Boundary problem (OH vs. OSH)  Tracking  Persistence  Binding downstream users  Open Source tools under development  Using standards 8/5/2013Training Seminar @ Lund Myriam Ayass, CERN 29

30. Questions? Thank you! 8/5/2013Training Seminar @ Lund 30