Hey Kid! Don't Copy That Floppy!

Software licensing sets up rules for everyone to follow when contributing or using code. Some companies have specific policies on what types of licenses they allow in their code base. Other companies might dictate how their developers are allowed to contribute to open source software. Got a licence for your code? We'll discuss why you need one and go over some popular options before you end up on the wrong side of a DMCA notice.

This version was re-formatted to shorten the time down to 15 minutes for ChefConf.

Transcript

1. Hey kid! Don’t copy that floppy! Copyright 1992 SIIA
2. Hey kid! Don’t FORK that CODE! Copyright 1992 SIIA
3. I’m a little bit nervous
4. I want to talk about software licensing
5. I can’t give you legal advice
6. BUT!
7. I can deliver legal information
8. I have to be careful to deliver opinions and information NOT advice on what you should choose
9. So why not deliver it in the form of a story
10. 4 parts
11. Before we start this story
12. We have to set an expectation
13. This talk is provided for informational purposes only to get you thinking about software licensing. Although I [Aaron Kalin] will attempt to give accurate information in this talk. You should consult a professional attorney to verify information given in the following talk. Anything I say in this talk should not be offered as legal information. I am not an attorney! Legal Disclaimer
14. let’s get back to that story
15. This one time at band camp...
16. I created an open source project
17. I wanted to share my code
18. share SCARY!
19. I needed to license my software
20. It’s all about the level of control you want
21. part 1
22. Back in time
24. Berne Convention for the Protection of Literary and Artistic Works is signed
25. Signing countries recognized each others copyrights
26. Set a minimum of 50 years for that copyrighted work
27. Automatically grants copyright on an original work
28. BUT!
29. United States copyright law was not compatible with the Berne Convention
30. I would still have to register my copyrighted work with the United States copyright office
32. The United States joined the Berne Convention
33. Set the minimum length of a copyrighted work to life of the author + 70 years
34. Automatically grants me copyright on my original work
35. In order to share my copyrighted work with others I would have to set some rules
36. It’s all about the level of control you want
37. part 2
38. Review the terms
39. Copyright License or Copyright Assignment
40. Copyright License People get to use my software BUT They cannot modify it without my permission
41. Copyright Assignment My copyright is assigned to another party AND They can modify it, but I might place restrictions on those modifications
42. http://flickr.com/photos/29692536@N00/52824625
43. Warranty Clause Protects me from liability for problems in my software (bugs)
44. Copyleft Has also been called ‘virality’ Can preserve my rules on any work based upon mine (derivative works)
45. Contributor License Agreement Any contributors will assign their copyright back to my project BUT Not their authorship of the contribution* * Some CLAs are crazy, read carefully!
46. Why license?
47. Allow contributors without violating my copyright
48. Don’t want to be legally responsible for bugs in my software
49. Run a business that wants give back to the open source community
50. Limit the ways software can be distributed and used
51. It’s all about the level of control you want
52. part 3
53. Make a choice
55. BSD/MIT License Protected from bugs in the software BUT Not protected from patented contributions AND Contributors are not protected for bugs in the software
56. http://creativecommons.org
57. Creative Commons Copyleft option (Share Alike) AND Protections for myself and contributors AND Restrict commercial usage BUT No patent protections
58. http://gnu.org
59. GPL (v3) Copyleft not optional AND Protections for myself and contributors AND Anti-circumvention protections AND Patent protections
60. http://apache.org
61. Apache (2.0) No Copyleft AND Protections for myself and contributors AND Compatible with GPL (v3 only) AND Patent protections
63. I want to license my project...
64. Review the license options. Think about the level of control you want over distribution and usage.
65. Add a LICENSE file and make a note in the README
66. Consider a Contributor License Agreement (CLA)
67. Urge unlicensed projects to adopt a license to allow you to contribute or use their software
68. Digital Millenium Copyright Act (DMCA) The THOR HAMMER of copyright law You can wield this power too in case someone violates your license terms
69. It’s all about the level of control you want
70. part 4
71. You’re Fucked
72. Your employment contract
73. Review your employment contract with an attorney* * Especially if your employer has taken outside funding
74. Intellectual Property Any work you create for them Any work you create during non-work hours Any previously created works you don’t declare
75. Moral Rights First rights to things you name Typically used for for the music industry (e.g. ROCK STARS!)
76. Quick Recap
77. Review your contract with an attorney to understand your rights License your code if you haven’t already! Read your software licenses. Its all about the level of control you want. Recap Encourage unlicensed open source projects to adopt a license.
78. Thank you for your time :)
79. @martinisoft
81. CLAHub http://www.clahub.com/ Resources TL;DR Legal http://tldrlegal.com license-generator gem Don’t Copy That Floppy! http://bit.ly/1bN72