1. A New Order for Open Source Licenses and Licensing Tony Gaughan SVP Development.

2. © 2004 Computer Associates International, Inc. (CA). All trademarks, trade names, services marks and logos referenced herein belong to their respective companies. Why not use an existing license?  Each license addresses specific issues of author  Additional use and flexibility not requirements  Mozilla Public License: -only names Netscape or Mozilla as contributors -jurisdiction for legal disputes is Santa Clara, CA!

3. © 2004 Computer Associates International, Inc. (CA). All trademarks, trade names, services marks and logos referenced herein belong to their respective companies. GPL and LGPL Issues  GPL: Seen as “viral” by ISVs  Does not allow integration with closed source  No thought of commercial vendors’ IP issues  LGPL: Allows embedding, but requires everything be LGPL  Such licensing restrictions can discourage innovation

4. © 2004 Computer Associates International, Inc. (CA). All trademarks, trade names, services marks and logos referenced herein belong to their respective companies. CA Trusted Open Source License  Created as a last resort  Updated and consolidated: -Apple Public Source License -Sun Public License -Common Public License  Added additional provisions  File-based -can be combined with other licenses  Open Source Initiative (OSI) approved -meets requirements of the Open Source Definition -arduous and lengthy process

5. © 2004 Computer Associates International, Inc. (CA). All trademarks, trade names, services marks and logos referenced herein belong to their respective companies. CA Trusted Open Source License  Goals: -strengthen the protection for open source developers -enable better interaction for commercial works -indemnification for explicit patents and the product(s) to discourage patent litigation -grant back of intellectual property for redistribution -redistribute executables under another license  Ingres r3 released under CATOSL

6. © 2004 Computer Associates International, Inc. (CA). All trademarks, trade names, services marks and logos referenced herein belong to their respective companies. CA Views on CATOSL  Important: Other open source projects available under their original licenses in conjunction with CATOSL -Examples: Xerces and Oracle Cluster File System retain their respective licenses within Ingres  Problem: Customer is faced with multiple licenses when they get Ingres r3 We feel that in of itself leads to confusion for customers

7. © 2004 Computer Associates International, Inc. (CA). All trademarks, trade names, services marks and logos referenced herein belong to their respective companies. The Issue Today  CA did not want to write a new license  Sun CDDL is a great start in stopping proliferation  HP proposal to stop duplicate licenses is administrative – not a practical solution  The OSI license list needs to be pruned (or eliminated!)  We need legal tests of the existing licenses  The better solution: Template licenses

8. © 2004 Computer Associates International, Inc. (CA). All trademarks, trade names, services marks and logos referenced herein belong to their respective companies. New Template Licenses  The ten criteria defined by Bruce Perens in the Open Source Definition (OSD) is the right approach  But: -Multiple licenses create incompatibilities among projects -Can unwittingly hamper code sharing  Solution: Open source licenses must allow new provisions to be added as specific requirements come to light

9. © 2004 Computer Associates International, Inc. (CA). All trademarks, trade names, services marks and logos referenced herein belong to their respective companies. The New Manifesto  The L.A. Law / Boston Legal problem (amateur lawyers slowing progress) (TONY – ARE YOU SURE ABOUT THIS)  Open source is universal, the licenses must be international -patent, trademarks and copyright are limited to the US  We need one solid license with solid standard provisions  GPL: does not allow mixed heritage; needs revision in 3.0

10. © 2004 Computer Associates International, Inc. (CA). All trademarks, trade names, services marks and logos referenced herein belong to their respective companies. The New Manifesto (Cont…)  Create small set of open source licenses, such as: -GPL 3.0 -“Commercial” Licenses -Education License  Have knowledgeable attorneys draft these licenses: -Generic -Easily modified without need for new license  OSI: -current License Owners must adopt revisions -switching licenses for some projects is mammoth task -new standards beyond the OSD Definitions

11. © 2004 Computer Associates International, Inc. (CA). All trademarks, trade names, services marks and logos referenced herein belong to their respective companies. The Future (Need to Act Today!)  Patent non-enforcement to prevent unwarranted litigation  Retire boutique licenses in favor of template -CA will change licenses from CATOSL when a new standard emerges  International open source licenses  Don’t hamper community work with legal issues  Drive OSDL to take more active role

12. © 2004 Computer Associates International, Inc. (CA). All trademarks, trade names, services marks and logos referenced herein belong to their respective companies. Summary  This is not an easy problem  Unless its fixed we will be countries, each with its own constitution, not ready to join a global community  It STARTS today – the people in this room will make the difference!