1. 1 François Fluckiger, IT Seminar – 15/11/13 Free software at CERN: Where are we, Where are we going? IT Seminar F. Fluckiger T. Smith

2. 2 Francois Fluckiger 15 November 1994

3. 3 François Fluckiger, IT Seminar – 15/11/13 Distribution of CERN WWW software Francois Fluckiger (fluckiger@vscrna.cern.ch) Tue, 15 Nov 1994 17:37:15 --100 Group: WWW-Talk Dear Colleagues, Some of you asked about the conditions for the distribution of new versions of the CERN WWW Library of Common Code (libwww), the CERN Line Mode Browser (www) and the WWW HTTP Daemon (httpd). The new versions will remain freely available, for general use, and at no cost. The only change is that the material distributed will remain copyrighted by CERN. As a consequence, a copyright notice will have to appear in copies, but also, the rights of the users will be protected, in particular by preventing third parties to turn free software into proprietary software, and deny the users the rights to freely use the material. These principles are those used by most distributors of free software, including the X consortium. The proper copyright notice is being ratified and will be available in a few days. We hope all those who have trusted CERN WWW software will continue to do so, and will appreciate that these conditions not only maintain the free distribution but better protect it. Francois Fluckiger Leader, WWW development, CERN

4. 4 François Fluckiger, IT Seminar – 15/11/13 Dear Colleagues, Some of you asked about the conditions for the distribution of new versions of the CERN WWW Library of Common Code (libwww), the CERN Line Mode Browser (www) and the WWW HTTP Daemon (httpd). The new versions will remain freely available, for general use, and at no cost. The only change is that the material distributed will remain copyrighted by CERN. As a consequence, a copyright notice will have to appear in copies, but also, the rights of the users will be protected, in particular by preventing third parties to turn free software into proprietary software, and deny the users the rights to freely use the material. These principles are those used by most distributors of free software, including the X consortium. The proper copyright notice is being ratified and will be available in a few days. We hope all those who have trusted CERN WWW software will continue to do so, and will appreciate that these conditions not only maintain the free distribution but better protect it. Francois Fluckiger Leader, WWW development, CERN Distribution of CERN WWW software Francois Fluckiger (fluckiger@vscrna.cern.ch) Tue, 15 Nov 1994 17:37:15 --100 Group: WWW-Talk

5. 5 Francois Fluckiger What is freedom?

6. 6 François Fluckiger, IT Seminar – 15/11/13 Group: WWW-Talk On Nov 16 1994, 11:57, Tony Sanders wrote: > We hope all those who have trusted CERN WWW software will continue to > do so, and will appreciate that these conditions not only maintain the > free distribution but better protect it.sanders@... No, I don't buy any such nonsense. It's either free or it's restricted. Sounds more to me like they are going to start charging for access to the technology.

7. 7 François Fluckiger, IT Seminar – 15/11/13 Group: WWW-Talk On 16 Nov, 11:48, Jean-Philippe Martin-Flatin (syj@ecmwf.co.uk) wrote:syj@ecmwf.co.uk > No, I don't buy any such nonsense. It's either free or it's restricted. > > Sounds more to me like they are going to start charging for access > to the technology. Sounds to me CERN want to prevent other people from making money out of CERN's work, which is a very reasonable thing to do IMHO.

8. 8 François Fluckiger, IT Seminar – 15/11/13 Group: WWW-Talk On Nov 17, 13:50, P. M. Hallam-Baker (hallam@ptsun00.cern.ch) wrotehallam@ptsun00.cern.ch > No, I don't buy any such nonsense. It's either free or it's restricted. > > Sounds more to me like they are going to start charging for access > to the technology. The point about the copyrights is that a large number of people are not aware that many products including Mosaic are built on top of CERN code. This means that CERN does not get the credit it should. When I saw Stallman he was rather concerned about the putting of the libraries in the public domain.

9. 9 Francois Fluckiger June 1994

10. 10 Francois Fluckiger David Williams Head, CN Division

11. 11 Francois Fluckiger Tim Berners-Lee Leaving CERN to the W3C, MIT

12. 12 François Fluckiger, IT Seminar – 15/11/13 Distribution of CERN WWW software Francois Fluckiger (fluckiger@vscrna.cern.ch) Tue, 15 Nov 1994 17:37:15 --100 Group: WWW-Talk The proper copyright notice is being ratified and will be available in a few days. We hope all those who have trusted CERN WWW software will continue to do so, and will appreciate that these conditions not only maintain the free distribution but better protect it. Francois Fluckiger Leader, WWW development, CERN

13. 13 François Fluckiger, IT Seminar – 15/11/13 CERN Web Software Version 3.0 lmb Line Mode Browser libwww Library of Common Code httpd HTTP Daemon Version 3.0

14. 14 Francois Fluckiger A long learning process The Public Domain Phase

15. 15 Francois Fluckiger May 1993

16. 16 Francois Fluckiger Public Domain

17. 17 Francois Fluckiger Public Domain = Relinquish Property Rights

18. 18 François Fluckiger, IT Seminar – 15/11/13 Why Public Domain? n Objective: was clear Give permission to anyone to use, duplicate, modify, distribute n Means to achieve it: was comprehensible by the general public What else more suitable than making the SW “to belong to no one”

19. 19 François Fluckiger, IT Seminar – 15/11/13 The most natural choice at that time n “Public Domain” “No owner” Perceived as more philanthropic n “Copyright” “Ownership” Negative connotation in terms of freedom n Free Software movement was in its infancy

20. 20 François Fluckiger, IT Seminar – 15/11/13 Free Software Movement n Free Software Foundation n GNU Project n GP Richard Stallman Free SW => Licencing L

21. 21 François Fluckiger, IT Seminar – 15/11/13 Free Software Movement in 93 n Free Software philosophy not widespread Perception that Freedom  Freedom protection Licencing  Not free of charge n From TBL’s “Weaving the Web” book “There were rumors that large companies would not allow the web on their premises if there were any kind of licensing issues. Because that would be too constraining.”

22. 22 Francois Fluckiger May 93CERN places WWW in Public Domain Public Domain Phase 93 94

23. 23 Francois Fluckiger A long learning process The Private Licence Phase

24. 24 François Fluckiger, IT Seminar – 15/11/13 The two difficulties with Public Domain 1. Attribution Twenty years later, the same two difficulties still form a duo of issues which are central to any discussion that relates to relinquishing ownership On Nov 17 1994, 13:50, P. M. Hallam-Baker wrote The point about the copyrights is that a large number of people are not aware that many products including Mosaic are built on top of CERN code. This means that CERN does not get the credit it should.

25. 25 François Fluckiger, IT Seminar – 15/11/13 The two difficulties with Public Domain 1. Attribution Organizations which have developed and made freely available a software system may wish that their initial role is not forgotten when new versions and derivative works are produced by third parties.

26. 26 François Fluckiger, IT Seminar – 15/11/13 The two difficulties with Public Domain 1. Attribution 2. Appropriation On Nov 17 1994, 13:50, P. M. Hallam-Baker wrote When I saw Stallman he was rather concerned about the putting of the libraries in the public domain

27. 27 François Fluckiger, IT Seminar – 15/11/13 Berlin, 3 rd August 2013

28. 28 François Fluckiger, IT Seminar – 15/11/13 Berlin, 3 rd August 2013

29. 29 François Fluckiger, IT Seminar – 15/11/13 Berlin, 3 rd August 2013

30. 30 François Fluckiger, IT Seminar – 15/11/13 The two difficulties with Public Domain 1. Attribution 2. Appropriation The risk that an object which does not belong to anyone may be taken by a third party and turned into a proprietary object, denying in turn the right for others to use it freely.

31. 31 François Fluckiger, IT Seminar – 15/11/13 Free Software Principle n Protect freedom by keeping ownership n Grant anyone the n perpetual n irrevocable right to use, copy, distribute, modify

32. 32 François Fluckiger, IT Seminar – 15/11/13 Free Software vs. Open Source n Free Software Foundation (FSF) n Laid down Free Software (FS) principles, FSD: Free Software Definition n Developed the two major FS public licences (GPL, LGPL) n Open Source Initiative (OSI) n Defined Criteria for Open Source licence: OSD: Open Source Definition

33. 33 François Fluckiger, IT Seminar – 15/11/13 OSI: Open Source Definition “ n licence must allow for free redistribution of the software n source code of software must be made available n licence permits the creation of derived works n integrity of author's source code is maintained n software can be used by any person or group n software can be used in any field of endeavour n rights attached to the program are transferable n licence must not be specific to a product n licence must not restrict other software n licence must be technology-neutral ”

34. 34 François Fluckiger, IT Seminar – 15/11/13 Free Software vs. Open Source n Free Software Foundation (FSF) n Laid down Free Software (FS) principles, FSD: Free Software Definition n Developed the two major FS public licences (GPL, LGPL) n Open Source Initiative (OSI) n Defined Criteria for Open Source licence: OSD: Open Source Definition n Approve some licences

35. 35 François Fluckiger, IT Seminar – 15/11/13 OSI: Approved Licences n ~ 70 approved licences n Categorized by perceived level of utility n “Popular and Widely used” category 1. GPL 2. LGPL 3. Apache-2.0 4. BSD-3-Clause 5. BSD-2-Clause (FreeBSD) 6. MIT 7. MPL-1.1 (Mozilla) 8. CDDL-1.0 (Common Development and Distribution) 9. EPL-1.0 (Eclipse)

36. 36 François Fluckiger, IT Seminar – 15/11/13 Free Software vs. Open Source n Free Software Foundation (FSF) n Laid down Free Software (FS) principles, FSD: Free Software Definition n Developed the two major FS public licences (GPL, LGPL) n Open Source Initiative (OSI) n Defined Criteria for Open Source licence: OSD: Open Source Definition n Approve some licences n But … Since 2003 severely limits # of approvals n New licence close to existing one, certification refused

37. 37 François Fluckiger, IT Seminar – 15/11/13 Free Software vs. Open Source n Free Software Foundation (FSF) n Laid down Free Software (FS) principles, FSD: Free Software Definition n Developed the two major FS public licences (GPL, LGPL) n Open Source Initiative (OSI) n Defined Criteria for Open Source licence: OSD: Open Source Definition n Approve some licences n But … Since 2003 severely limits # of approvals n New licence close to existing one: certification refused

38. 38 François Fluckiger, IT Seminar – 15/11/13 The 1 st CERN Free Software Licence n I met with CERN legal Service n We all visited WIPO n Decision to licence v3.0 as Free SW n Which licence? n GPL: Complex; Pb with CERN international status n CERN decides to develop its own licence and provide solution for n Attribution n Appropriation Oct 94 Nov 94

39. 39 François Fluckiger, IT Seminar – 15/11/13 The 1 st CERN Free Software Licence COPYRIGHT STATEMENT (c) COPYRIGHT CERN 1994 ___________________________________ The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions: this computer software is provided on an as-is basis and CERN provides no express or implied warranties of any kind, including but not limited to those of merchantability, fitness for a particular purpose and non-infringement of the proprietary rights, such as copyrights, patents and trade secrets, of third parties. CERN accepts no liability whatsoever for or in connection with the use of this computer software; all copies made of this computer software or of parts thereof shall include this copyright statement in full; however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation (or, in the absence thereof, in any other appropriate place) concerning the computer software thus made available or created: "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof." COPYRIGHT STATEMENT (c) COPYRIGHT CERN 1994 ___________________________________ The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions: this computer software is provided on an as-is basis and CERN provides no express or implied warranties of any kind, including but not limited to those of merchantability, fitness for a particular purpose and non-infringement of the proprietary rights, such as copyrights, patents and trade secrets, of third parties. CERN accepts no liability whatsoever for or in connection with the use of this computer software; all copies made of this computer software or of parts thereof shall include this copyright statement in full; however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation (or, in the absence thereof, in any other appropriate place) concerning the computer software thus made available or created: "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof."

40. 40 François Fluckiger, IT Seminar – 15/11/13 The 1 st CERN Free Software Licence COPYRIGHT STATEMENT (c) COPYRIGHT CERN 1994 ___________________________________ The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions: this computer software is provided on an as-is basis and CERN provides no express or implied warranties of any kind, including but not limited to those of merchantability, fitness for a particular purpose and non-infringement of the proprietary rights, such as copyrights, patents and trade secrets, of third parties. CERN accepts no liability whatsoever for or in connection with the use of this computer software; all copies made of this computer software or of parts thereof shall include this copyright statement in full; however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation (or, in the absence thereof, in any other appropriate place) concerning the computer software thus made available or created: "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof." COPYRIGHT STATEMENT (c) COPYRIGHT CERN 1994 ___________________________________ The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions: this computer software is provided on an as-is basis and CERN provides no express or implied warranties of any kind, including but not limited to those of merchantability, fitness for a particular purpose and non-infringement of the proprietary rights, such as copyrights, patents and trade secrets, of third parties. CERN accepts no liability whatsoever for or in connection with the use of this computer software; all copies made of this computer software or of parts thereof shall include this copyright statement in full; however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation (or, in the absence thereof, in any other appropriate place) concerning the computer software thus made available or created: "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof." 1. Protect Freedom 2.Provide Freedom The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions”.

41. 41 François Fluckiger, IT Seminar – 15/11/13 The 1 st CERN Free Software Licence COPYRIGHT STATEMENT (c) COPYRIGHT CERN 1994 ___________________________________ The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions: this computer software is provided on an as-is basis and CERN provides no express or implied warranties of any kind, including but not limited to those of merchantability, fitness for a particular purpose and non-infringement of the proprietary rights, such as copyrights, patents and trade secrets, of third parties. CERN accepts no liability whatsoever for or in connection with the use of this computer software; all copies made of this computer software or of parts thereof shall include this copyright statement in full; however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation (or, in the absence thereof, in any other appropriate place) concerning the computer software thus made available or created: "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof." COPYRIGHT STATEMENT (c) COPYRIGHT CERN 1994 ___________________________________ The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions: this computer software is provided on an as-is basis and CERN provides no express or implied warranties of any kind, including but not limited to those of merchantability, fitness for a particular purpose and non-infringement of the proprietary rights, such as copyrights, patents and trade secrets, of third parties. CERN accepts no liability whatsoever for or in connection with the use of this computer software; all copies made of this computer software or of parts thereof shall include this copyright statement in full; however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation (or, in the absence thereof, in any other appropriate place) concerning the computer software thus made available or created: "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof." 1. Protect Freedom 2.Provide Freedom n Perpetuate Freedom for unchanged copies all copies made of this computer software or of parts thereof shall include this copyright statement in full;

42. 42 François Fluckiger, IT Seminar – 15/11/13 The 1 st CERN Free Software Licence COPYRIGHT STATEMENT (c) COPYRIGHT CERN 1994 ___________________________________ The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions: this computer software is provided on an as-is basis and CERN provides no express or implied warranties of any kind, including but not limited to those of merchantability, fitness for a particular purpose and non-infringement of the proprietary rights, such as copyrights, patents and trade secrets, of third parties. CERN accepts no liability whatsoever for or in connection with the use of this computer software; all copies made of this computer software or of parts thereof shall include this copyright statement in full; however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation (or, in the absence thereof, in any other appropriate place) concerning the computer software thus made available or created: "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof." COPYRIGHT STATEMENT (c) COPYRIGHT CERN 1994 ___________________________________ The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions: this computer software is provided on an as-is basis and CERN provides no express or implied warranties of any kind, including but not limited to those of merchantability, fitness for a particular purpose and non-infringement of the proprietary rights, such as copyrights, patents and trade secrets, of third parties. CERN accepts no liability whatsoever for or in connection with the use of this computer software; all copies made of this computer software or of parts thereof shall include this copyright statement in full; however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation (or, in the absence thereof, in any other appropriate place) concerning the computer software thus made available or created: "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof." n Attribution for derivative works however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof."

43. 43 François Fluckiger, IT Seminar – 15/11/13 The 1 st CERN Free Software Licence n Version 3.0 The 1 st and last Free SW release of the Web SW by CERN n In 95, ball now in the court of MIT / W3C httpd - wwwlib

44. 44 François Fluckiger, IT Seminar – 15/11/13 May 1995

45. 45 François Fluckiger, IT Seminar – 15/11/13 MIT Releases wwwlib version 3.1 n pre-Version 3.1 Free SW MIT copyright n MIT-Specific licence n Very close to CERN licence wwwlib Library of Common Code COPYRIGHT STATEMENT Copyright NOTICE NOTICE Copyright 1995 by: Massachusetts Institute of Technology (MIT), CERN This W3C software is being provided by the copyright holders under the following license. By obtaining, using and/or copying this software, you agree that you have read, understood, and will comply with the following terms and conditions: Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee or royalty is hereby granted, provided that the full text of this NOTICE appears on ALL copies of the software and documentation or portions thereof, including modifications, that you make. THIS SOFTWARE IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL BEAR NO LIABILITY FOR ANY USE OF THIS SOFTWARE OR DOCUMENTATION. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders COPYRIGHT STATEMENT Copyright NOTICE NOTICE Copyright 1995 by: Massachusetts Institute of Technology (MIT), CERN This W3C software is being provided by the copyright holders under the following license. By obtaining, using and/or copying this software, you agree that you have read, understood, and will comply with the following terms and conditions: Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee or royalty is hereby granted, provided that the full text of this NOTICE appears on ALL copies of the software and documentation or portions thereof, including modifications, that you make. THIS SOFTWARE IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL BEAR NO LIABILITY FOR ANY USE OF THIS SOFTWARE OR DOCUMENTATION. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders

46. 46 François Fluckiger, IT Seminar – 15/11/13 MIT Licence for httpd / libwww COPYRIGHT STATEMENT Copyright NOTICE NOTICE Copyright 1995 by: Massachusetts Institute of Technology (MIT), CERN This W3C software is being provided by the copyright holders under the following license. By obtaining, using and/or copying this software, you agree that you have read, understood, and will comply with the following terms and conditions: Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee or royalty is hereby granted, provided that the full text of this NOTICE appears on ALL copies of the software and documentation or portions thereof, including modifications, that you make. THIS SOFTWARE IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL BEAR NO LIABILITY FOR ANY USE OF THIS SOFTWARE OR DOCUMENTATION. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders COPYRIGHT STATEMENT Copyright NOTICE NOTICE Copyright 1995 by: Massachusetts Institute of Technology (MIT), CERN This W3C software is being provided by the copyright holders under the following license. By obtaining, using and/or copying this software, you agree that you have read, understood, and will comply with the following terms and conditions: Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee or royalty is hereby granted, provided that the full text of this NOTICE appears on ALL copies of the software and documentation or portions thereof, including modifications, that you make. THIS SOFTWARE IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL BEAR NO LIABILITY FOR ANY USE OF THIS SOFTWARE OR DOCUMENTATION. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders

47. 47 François Fluckiger, IT Seminar – 15/11/13 MIT Licensing of httpd / libwww n Subsequent MIT versions based on CERN SW released as Free SW n All reproduced CERN’s credit notice n Attribution issue had been satisfactorily addressed by the CERN-Specific licence! "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof." WELCOME TO THE WORLD-WIDE WEB DAEMON ==================================== (c) COPYRIGHT MIT 1995. Please first read the full copyright statement in the file COPYRIGH. "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof." W3C httpd is a generic public domain full-featured hypertext server which can be used as a regular HTTP server. The running typically on port 80 to serve hypertext and other documents, and also as a proxy -- a server on a firewall machine -- that provides access for people inside a firewall to the outside world. When running as proxy httpd may be configured to do caching of documents resulting in faster response times. For more information on the Library, please look at the page http://www.w3.org/pub/WWW/Daemon/ Have fun! httpd@w3.org, May 1995

48. 48 Francois Fluckiger May 93CERN places WWW in Public Domain May 95MIT releases wwwlib as Free SW Responsibility for new versions moves to MITMar 95 CERN announce WWW will be Free SWNov 94 Public Domain Phase Private licence Phase 93 94 95

49. 49 Francois Fluckiger A long learning process The mixed Phase

50. 50 François Fluckiger, IT Seminar – 15/11/13 Were we fully right with the 1 st CERN-Specific licence? n Not yet n Derivative work n No word about which licence to use n Any licence may be used by new copyrighter COPYRIGHT STATEMENT (c) COPYRIGHT CERN 1994 ___________________________________ The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions: this computer software is provided on an as-is basis and CERN provides no express or implied warranties of any kind, including but not limited to those of merchantability, fitness for a particular purpose and non-infringement of the proprietary rights, such as copyrights, patents and trade secrets, of third parties. CERN accepts no liability whatsoever for or in connection with the use of this computer software; all copies made of this computer software or of parts thereof shall include this copyright statement in full; however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation (or, in the absence thereof, in any other appropriate place) concerning the computer software thus made available or created: "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof." COPYRIGHT STATEMENT (c) COPYRIGHT CERN 1994 ___________________________________ The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions: this computer software is provided on an as-is basis and CERN provides no express or implied warranties of any kind, including but not limited to those of merchantability, fitness for a particular purpose and non-infringement of the proprietary rights, such as copyrights, patents and trade secrets, of third parties. CERN accepts no liability whatsoever for or in connection with the use of this computer software; all copies made of this computer software or of parts thereof shall include this copyright statement in full; however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation (or, in the absence thereof, in any other appropriate place) concerning the computer software thus made available or created: "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof."

51. 51 François Fluckiger, IT Seminar – 15/11/13 The nature of 1 st CERN-Specific licence n Fully Permissive Licence (FPL) n Any Derivative Work can be distributed under any licence

52. 52 François Fluckiger, IT Seminar – 15/11/13 Fully Permissive Licensing Chain Pro gram Original Licensor FPLx licensee 1 FPLx licensee 2 May sell Pro gram Original Licensor FPLx licensee 1 May sell Prop. Prog. FPLx Any licence Derivative Work GPL licensee 2 Any licence Derivative Work Modification Inclusion Unchanged

53. 53 François Fluckiger, IT Seminar – 15/11/13 Derivative Work: What is a modification? n No simple answer n The extent of modification on the Original Work required to classify a Work as Derivative: Determined by copyright applicable law Subject to Interpretations Pro gram Original Licensor GPL licensee Licence x Modification Derivative Work

54. 54 François Fluckiger, IT Seminar – 15/11/13 Since Nov 95 … CERN Public releases … n Have not been put in Public Domain n Have used a mix of Free Software licences n CERN-Specific n 1 st CERN licenceWeb n EDG EU DataGrid n Public n GPLIndico, Invenio, Castor n LGPLROOT n Apache gLite (EGEE project)

55. 55 François Fluckiger, IT Seminar – 15/11/13 Why were Public Licences also used? The Derivative Work licensing issue Indico, Invenio, Castor  GPL The OSI certification issue the three above gLite  Apache n EDG was approved by OSI; Not its successors n Lawyers in licensees’ organisations became reluctant to analyse non-OSI approved licences n OSI-approved Public Licences: Only way for widespread dissemination

56. 56 Francois Fluckiger May 93CERN places WWW in Public Domain May 06EGEE glite released as Open Source May 95MIT releases wwwlib as Free SW Responsibility for new versions moves to MITMar 95 CERN announce WWW will be Free SWNov 94 Public Domain Phase Private licence Phase Mixed (Private + Public) Phase 93 94 95 06

57. 57 Francois Fluckiger A long learning process The Public-Only confusing Phase

58. 58 François Fluckiger, IT Seminar – 15/11/13 March 2010

59. 59 François Fluckiger, IT Seminar – 15/11/13 CERN Policy for Intellectual Property n Finance Committee paper n Priority for CERN is maximizing the dissemination and visibility of technologies ahead of generating revenue n Had never been expressed so clearly ! FC/5434 (17 March 2010) “Policy on the management of intellectual property in technology transfer activities at CERN

60. 60 François Fluckiger, IT Seminar – 15/11/13 CERN Policy for Intellectual Property n Finance Committee paper n “For SW owned in whole or in part by CERN, CERN favors open source approach” n “Exceptions can be made where there is a good reason” n So far, we had practices Now we have a policy ! FC/5434 (17 March 2010) “Policy on the management of intellectual property in technology transfer activities at CERN

61. 61 François Fluckiger, IT Seminar – 15/11/13 Implementation of Open Source Policy: Difficult n No indication of which open source licence to use at CERN n No overall guidance for n Practical incorporation of licence / copyright statements n Addressing collaborative vs. CERN-only SW n Decision making process

62. 62 François Fluckiger, IT Seminar – 15/11/13 Consequences of lack of guidance n In some cases … n SW made available with no licence terms n Sometimes, copyright statement … n Missing n Invalid (e.g. referring to a non existing legal entity) n Often, licence chosen without clear reason n E.g. Apache licence (influenced by EGEE)

63. 63 François Fluckiger, IT Seminar – 15/11/13 April 2011

64. 64 François Fluckiger, IT Seminar – 15/11/13 Open Source Licensing Task Force n Created Spring 2011 to recommend “Which licence for which class” n Report n delivered early 2012 n endorsed in fall 2012 by CERN Extended Directorate

65. 65 Francois Fluckiger May 93CERN places WWW in Public Domain May 06EGEE glite released as Open Source May 95MIT releases wwwlib as Free SW Responsibility for new versions moves to MITMar 95 CERN announce WWW will be Free SWNov 94 Public Domain Phase Private licence Phase Mixed (Private + Public) Phase Mar 10CERN favors officially Open Source Public-only Confusing Phase 93 94 95 06 12

66. 66 Francois Fluckiger A long learning process The Copyleft Phase

67. 67 François Fluckiger, IT Seminar – 15/11/13 Participants Field of expertiseMemberUnit Legal aspects of open source; Intellectual propertyMyriam AyassFP-KT Requirements from Specialized SW cases (control)Renaud BarillereEN CERN legal officersKirsten Baxter Diane Nourissier Legal Ser. Large collaborative SW (GEANT, ROOT)René BrunPH KTT expertBernard DenisFP-KT PH-SFT Group LeaderJohn HarveyPH EU project SW; Large collaborations; OS in generalBob JonesIT SW licences and open-source in generalFons RademakersPH Requirements from limited-scale collaborative SWKatarina SigerudBE Open access; Large CERN SW; OS in generalTim SmithIT CERN Deputy Legal CounselMaarten WilbersLegal Ser. Chair person – IT KTT OfficerFrançois FluckigerIT Membership to reflect the variety of cases and stakeholders

68. 68 François Fluckiger, IT Seminar – 15/11/13 SW Scope SW developed solely by CERN SW developed by CERN in collaboration with other partners SW making no use of, not based on Third Party SW SW making use of, based on Third Party SW 12 34

69. 69 François Fluckiger, IT Seminar – 15/11/13 OSL Report n Main volume n 8 recommendations + their rationale n Volume of Annexes n Practical “how-to” guide

70. 70 François Fluckiger, IT Seminar – 15/11/13 R1: Remind CERN policy n Open Source CERN policy (FC/5434) n Remind what means: “SW owned in whole/part by CERN” (1) (1) CERN SRR Chapter I – Section 2 and 5 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

71. 71 François Fluckiger, IT Seminar – 15/11/13 SW owned in whole or in part by CERN

72. 72 François Fluckiger, IT Seminar – 15/11/13 SW owned in whole or in part by CERN

73. 73 François Fluckiger, IT Seminar – 15/11/13 R1: Favor Open Source n Remind CERN policy (FC/5434) n Remind what means: “SW owned in whole/part by CERN”(1) n Results from / substantially based on member of the personnel's activities within the Organization or on its behalf (1) n Employed member (staff, fellows, apprentices) n Associated member (associates, users, students) n Except special agreements (1) CERN SRR Chapter I – Section 2 and 5 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

74. 74 François Fluckiger, IT Seminar – 15/11/13 R2 Exceptions to Open Source “Exceptions can be made where there is a good reason” FC 5434 n No distribution at all n Effort to package SW for public release significantly exceeds the expected benefits of Open Source distribution n Quality of the software (performance, reliability, functionality, programming) insufficient, and public exposure risks to convey a negative image of CERN n Dis tribution, but not open source n External Constraints from agreements, funding bodies n Non-Open Source approach considered more effective for maximising dissemination 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

75. 75 François Fluckiger, IT Seminar – 15/11/13 R3 How to state the notice 3.Notice Statement: 3 components © copyright of CERN and other copyright owners the applicable licence CERN’s special status as an Intergovernmental Organization New 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure 1 2 3

76. 76 François Fluckiger, IT Seminar – 15/11/13 Intellectual Property Statement R3 Notice Statement: 3 Components Who owns the copyright (the licensor(s)) What are the rights and obligations of those who receive the SW (the licensees) Liability, Warranty Conditions of use Called “The Licence” Distribution Conditions Disclaimers Applicable law Jurisdiction 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure CERN Status Notice For settlement of disputes Copyright statement CERN Notice 1 2 3 New

77. 77 François Fluckiger, IT Seminar – 15/11/13 Intellectual Property Statement R3 Copyright Statement 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure Copyright statement n Report specifies how to declare the copyright Case of SW developed solely by CERN “© Copyright [year] CERN” n Cases of collaboration 1.SW owned by CERN 2.Shared ownership - small collaborations 3.Shared ownership - large collaborations 1 New

78. 78 François Fluckiger, IT Seminar – 15/11/13 R3 Copyright Statement 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure Report specifies how to declare the licence: In header of each source file “ This software is distributed under the terms of [x] version [x], copied verbatim in the file “COPYING” / copied verbatim below ” n Licence to be copied Conditions of use Covered by Publicly Available licences Called “The Licence” Distribution Conditions Sometimes called "Distribution Licence" Distribution Conditions Sometimes called "Distribution Licence" Disclaimers 2 New

79. 79 François Fluckiger, IT Seminar – 15/11/13 R3: How to state the notice Example © Copyright 2012 CERN for the benefit of the [xxx] collaboration This software is distributed under the terms of the GNU General Public Licence version 3 (GPL Version 3), copied verbatim in the file “COPYING”. In applying this licence, CERN does not waive the privileges and immunities granted to it by virtue of its status as an Intergovernmental Organization or submit itself to any jurisdiction. 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure 1 2 3 New

80. 80 François Fluckiger, IT Seminar – 15/11/13 EDG EU DataGrid Software License Copyright (c) 2001 EU DataGrid. All rights reserved. This software includes voluntary contributions made to the EU DataGrid. For more information on the EU DataGrid, please see http://www.eu-datagrid.org/. Installation, use, reproduction, display, modification and redistribution of this software, with or without modification, in source and binary forms, are permitted. Any exercise of rights under this license by you or your sub-licensees is subject to the following conditions: 1. Redistributions of this software, with or without modification, must reproduce the above copyright notice and the above license statement as well as this list of conditions, in the software, the user documentation and any other materials provided with the software. 2. The user documentation, if any, included with a redistribution, must include the following notice: "This product includes software developed by the EU DataGrid (http://www.eu-datagrid.org/)." Alternatively, if that is where third-party acknowledgments normally appear, this acknowledgment must be reproduced in the software itself. 3. The names "EDG", "EDG Toolkit", “EU DataGrid” and "EU DataGrid Project" may not be used to endorse or promote software, or products derived therefrom, except with prior written permission by hep-project-grid-edg-license@cern.ch. 4. You are under no obligation to provide anyone with any bug fixes, patches, upgrades or other modifications, enhancements or derivatives of the features,functionality or performance of this software that you may develop. However, if you publish or distribute your modifications, enhancements or derivative works without contemporaneously requiring users to enter into a separate written license agreement, then you are deemed to have granted participants in the EU DataGrid a worldwide, non-exclusive, royalty-free, perpetual license to install, use, reproduce, display, modify, redistribute and sub-license your modifications, enhancements or derivative works, whether in binary or source code form, under the license conditions stated in this list of conditions. 5. DISCLAIMER THIS SOFTWARE IS PROVIDED BY THE EU DATAGRID AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE DISCLAIMED. THE EU DATAGRID AND CONTRIBUTORS MAKE NO REPRESENTATION THAT THE SOFTWARE, MODIFICATIONS, ENHANCEMENTS OR DERIVATIVE WORKS THEREOF, WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT. 6. LIMITATION OF LIABILITY THE EU DATAGRID AND CONTRIBUTORS SHALL HAVE NO LIABILITY TO licencee OR OTHER PERSONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.http://www.eu-datagrid.org/ 2 1

81. 81 François Fluckiger, IT Seminar – 15/11/13 R3: How to state the notice 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure n Refer to the CERN arbitration clause without changing/amending the licence “In applying this licence, CERN does not waive the privileges and immunities granted to it by virtue of its status as an Intergovernmental Organization or submit itself to any jurisdiction” CERN Status Notice CERN Notice 3 New

82. 82 François Fluckiger, IT Seminar – 15/11/13 Instructions for specifying licence terms in OSS n Rules for stating the copyright n Rules for the applicable licence n Rules for acknowledging the status of CERN as an Intergovernmental Organization n Verbatim texts of the recommended licences https://legal.web.cern.ch/licensing/software

83. 83 François Fluckiger, IT Seminar – 15/11/13 R4 OSI approved 4.O.S. licences should be nwidely used licences napproved by the Open Source Initiative (OSI). 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

84. 84 François Fluckiger, IT Seminar – 15/11/13 R5 Recommended licences Default Licence: GPLv3 nMost widely used OSS licence (v2) nCopyleft licence 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

85. 85 François Fluckiger, IT Seminar – 15/11/13 Copyleft Licences n Philosophy “As a User of the licensed SW, you cannot redistribute the original or a derivative work with fewer rights than the ones you yourself received” n Consequences n OSS user receives source of the software => must provide the source of any distributed derivative work n Collaborative dissemination n Encourage open communities of users to n improve / complement the SW n share enhancements with entire community 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

86. 86 François Fluckiger, IT Seminar – 15/11/13 Copyleft Chain May sell GPL licensee 2 GPL Derivative Work Pro gram Original Licensor GPL licensee 1 Prop. Prog. GPL Derivative Work Modification Inclusion GPL licensee 2 May sell GPL Pro gram Original Licensor GPL licensee 1 GPL Unchanged

87. 87 François Fluckiger, IT Seminar – 15/11/13 Propr. SW Open Source - Dual licencing Pro- gram Original Licensor Pro- gram e.g. Commercial partner Propr. SW Bilateral Licence GPL Propr. GPL May sell GPL Proprietary License

88. 88 François Fluckiger, IT Seminar – 15/11/13 R5 Rationale for Copyleft n Fits CERN scientific philosophy/tradition n EU defends Copyleft sharing philosophy in particular for public administrations 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

89. 89 François Fluckiger, IT Seminar – 15/11/13 R5 EUPL - European Public Licence n EU defends Copyleft sharing principle “Sharing software, which is a fundamental principle of “Free or Open Source software” is one of the most efficient ways of increasing its use, reinforcing its quality (allowing other developers to check, improve or increase functionalities) and saving costs by avoiding reinventing the wheel.” 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

90. 90 François Fluckiger, IT Seminar – 15/11/13 R5 Rationale for Copyleft n Fits CERN scientific philosophy/tradition n CERN Open Hardware Licence is Copyleft n EU defends Copyleft sharing philosophy in particular for public administrations n EU Developed / Promote the EUPL 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

91. 91 François Fluckiger, IT Seminar – 15/11/13 R5 EUPL - European Public Licence n EUPL unanimously recommended to public administrations by European Ministers responsible for eGovernment policy (1) (2) n Adopted for public administrations by Spain, the Netherlands, Italy, Estonia (1)Ministerial Declaration approved unanimously on 24 November 2005 in Manchester, United Kingdom. (2) EUPL included in the European interoperability framework (EIF v2 of December 2010) 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

92. 92 François Fluckiger, IT Seminar – 15/11/13 R5 Future: EUPL? n Modern, innovative n Concise, not ambiguous, not a manifesto (unlike GPL) n Current version contains Jurisdiction Clause not compatible with CERN status 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

93. 93 François Fluckiger, IT Seminar – 15/11/13 R5 EUPL Jurisdiction, Applicable Law n 14. Jurisdiction Any litigation resulting from the interpretation of this License, arising between the European Commission, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice of the European Communities, as laid down in article 238 of the Treaty establishing the European Community. Any litigation arising between Parties, other than the European Commission, and resulting from the interpretation of this License, will be subject to the exclusive jurisdiction of the competent court where the Licensor resides or conducts its primary business. n 15. Applicable Law This Licence shall be governed by the law of the European Union country where the Licensor resides or has his registered office. This licence shall be governed by the Belgian law if: n - a litigation arises between the European Commission, as a Licensor, and any n Licensee; n - the Licensor, other than the European Commission, has no residence or n registered office inside a European Union country.

94. 94 François Fluckiger, IT Seminar – 15/11/13 R5 Future: EUPL? n Modern, innovative n Concise, not ambiguous, not a manifesto (unlike GPL) n Current version contains Jurisdiction Clause not compatible with CERN status n Recommendation to discuss with EU for next version 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

95. 95 François Fluckiger, IT Seminar – 15/11/13 R5 Alternate: Permissive for Inclusion Licence Alternate Licence: LGPLv3 nFor cases such as program libraries n“Weak Copyleft” licence 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

96. 96 François Fluckiger, IT Seminar – 15/11/13 Permissive for Inclusion Chain Any License licensee 2 Prop. Prog. Modified library LGPL May sell Modification Pro- gram Original Licensor LGPL licensee 1 Propr. Prog. LGPL Proprietary Program Linked with library Inclusion Pro- gram Original Licensor LGPL licensee 1 LGPL licensee 2 LGPL May sell Unchanged

97. 97 François Fluckiger, IT Seminar – 15/11/13 R5 Recommended licences 5.Exception Licence: Apache.v2 nFully Permissive nWhen constraints imposed by existing agreements, such as an external funding body 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

98. 98 François Fluckiger, IT Seminar – 15/11/13 Fully Permissive Licensing Chain May sell Any licence GPL licensee 2 Any licence Derivative Work Pro gram Original Licensor Apache licensee 1 Prop. Prog. Apache Derivative Work Modification Inclusion Pro gram Original Licensor Apache licensee 1 Apache licensee 2 May sell Apache Unchanged

99. 99 François Fluckiger, IT Seminar – 15/11/13 Main categories of OSS Licences Open Source Licences Permissive Licences Copyleft Licenses Default (1) GPLv3 Example at CERN Indico Invenio Castor Inclusion only Inclusion Modification Alternate LGPL.v3 Exception Apache.v2 Example at CERN ROOT Example at CERN gLite (EGEE) (1) Possible in Future: EUPL

100. 100 François Fluckiger, IT Seminar – 15/11/13 Use of Third Party SW Same policy but check compatibility SW developed solely by CERN SW developed by CERN in collaboration with partners SW making no use of, not based on Third Party SW SW making use of, based on Third Party SW GPLv3 LGPLv2 Apachev2

101. 101 François Fluckiger, IT Seminar – 15/11/13 Collaboration Propose CERN policy – Negotiate if need be SW developed solely by CERN SW developed by CERN in collaboration with partners SW making no use of, not based on Third Party SW SW making use of, based on Third Party SW GPLv3 LGPLv2 Apachev2

102. 102 François Fluckiger, IT Seminar – 15/11/13 Propr. SW Open Source - Dual licencing Pro- gram Original Licensor Pro- gram e.g. Commercial partner Propr. SW Bilateral Licence GPL Propr. GPL May sell GPL Proprietary License

103. 103 François Fluckiger, IT Seminar – 15/11/13 Supervisor (Departmental Management) Software Author(s) Departmental KT Officer FP-KT Legal Counsel 1 44 1.Author(s) and supervisor(s) discuss the case. Departmental management involved as appropriate 2.Author(s)/supervisor(s) present the case to KDTO KDTO discuss licensing options with authors(s)/supervisor(s), agree on licence to be proposed 3.KDTO transmit case to FP-KT Legal Counsel with proposed licence 4.FP-KT Legal Counsel checks compatibility, discuss as appropriate with author(s)/supervisor(s) and validate licence 5.FP-KT Legal Counsel informs KDTO of result 2 5 R7 Proposed Decision Making Process 3

104. 104 François Fluckiger, IT Seminar – 15/11/13 Advice: Document OSS cases n Form Prototyped in IT n Form reflects complexity n Compiled vs. Interpreted source n Stand-alone vs. Library program n Original vs. Derivative work n Derivative by Inclusion vs. Modification n Stand-alone vs. Communicating n Static vs. Dynamic linking n... https://cds.cern.ch/record/1482206

105. 105 François Fluckiger, IT Seminar – 15/11/13 Also in the report n Exceptions to open source n Dealing with n Use of third party SW n Collaborations with other institutes n Decision making process n Annex n Glossary of terms n Discussion on Derivative Work 1.Open-source 2.Exceptions 3.Statement 4.OSI 5.DefaultGPL Altern.LGPL Excep. Apache Next?EUPL 6.Collab. Agree. 7.Decision Proc. 8.Next structure

106. 106 François Fluckiger, IT Seminar – 15/11/13 Pilot repository of CERN Terms of Use https://legal.web.cern.ch/licensing/software

107. 107 François Fluckiger, IT Seminar – 15/11/13 Do your own Quiz (after Tim’s talk) https://indico.cern.ch/conferenceDisplay.py?confId=276388 from IT Seminar Abstract

108. 108 François Fluckiger, IT Seminar – 15/11/13 Questions from Seminar abstract 1. Who owns software developed at CERN? CERN 2. What should I do practically if I wish to publicly release software I wrote at CERN? Documents your OSS case Talk to your supervisor, your Departmental KT Officer 3. Is there a CERN policy regarding free access in general, regarding free software in particular? Yes, maximize dissemination ahead of revenues Favour Open Source 4. What is the default free software licence to be used at CERN? Why was it chosen? GPL. Though not ideal OSI approved, Sharing philosophy

109. 109 François Fluckiger, IT Seminar – 15/11/13 Questions from Seminar abstract 5. Are there exceptions to this default? If so, who decides that my case is an exception? Yes: LGPL, Apache Your management / Dpt KT Officer / KT group 6. What is a copyright statement and where/how should I use it? 7. How practically to announce that my software is made available under a given licence? See Instructions for specifying the licence terms in Open Source Software from https://legal.web.cern.ch/licensing/software 8. What is a derivative work? Modification or inclusion of an original program

110. 110 François Fluckiger, IT Seminar – 15/11/13 Questions from Seminar abstract 9. Can someone take CERN free software and sell it? Yes Re-licence it unchanged? No Modify it? Yes Re-licence it after change? Yes, but only for Fully Permissive Licence (like Apache)

111. 111 Francois Fluckiger What next ?

112. 112 Francois Fluckiger Monitor implementation of OSS policy

113. 113 Francois Fluckiger May 93CERN places WWW in Public Domain May 06EGEE glite released as Open Source May 95MIT releases wwwlib as Free SW Responsibility for new versions moves to MITMar 95 CERN announce WWW will be Free SWNov 94 Public Domain Phase Private licence Phase Mixed (Private + Public) Phase Mar 10CERN favors officially Open Source Public-only Confusing Phase Oct 12CERN favors Copyleft as default Copyleft Phase 93 94 95 06 12 ?

114. 114 Francois Fluckiger Tim Smith has taken over

115. 115 Francois Fluckiger 15 November 1994 2013

116. 116 Francois Fluckiger Goodbye Everyone