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dp619 writes "A developer might fly under the patent troll radar until she makes it big, and then it's usually open season. Apple just shared that it has faced off 92 lawsuits over just 3 years. Even Google's ad business is at risk. FOSS attorney Heather Meeker has blogged at the Outercurve Foundation on what to consider and what to learn if you're ever sued for patent infringement. 'There have been at least two cases where defendants have successfully used open source license enforcement as a defensive tactic in a patent lawsuit. ... In both these cases, the patent plaintiff was using open source software of the defendant, and the patent defendant discovered a violation of the applicable open source license that it used to turn the tables on the plaintiff. In this way, open source license enforcement can be a substitute for a more traditional retaliatory patent claim.' Meeker also examines how provisions of open source licenses can deflate a patent troll's litigation and shift the balance in favor of the defense."

dp619 writes "The Outercurve Foundation has published a defense of freeloaders as part of a blog series on how businesses can participate in open source. '...in the end, it's all about freeloaders, but from the perspective that you want as many as possible. That means you're "doing it right" in developing a broad base of users by making their experience easy, making it easy for them to contribute, and ultimately to create an ecosystem that continues to sustain itself. Freeloaders are essential to the growth and success of every FOSS project.'"

dp619 writes "Fighting against software patents (New Zealand has banned them) tends to blind FOSS communities to aspects of IP law that actually serve them well. While certainly not perfect, patent, copyright, trademark, and trade secret law each has something to offer FOSS communities. Penn State law professor Clark Asay wrote a guest post for the Outercurve Foundation briefly describing some of the ways in IP law can help open source developers."

Jim Jagielski is one of the co-founders of the Apache Software Foundation, a director of the Open Source Initiative (OSI), new President of the Outercurve Foundation, and as we mentioned yesterday, your interview subject for the next two hours. Mr. Jagielski will be answering your questions below until 2:00 ET (18:00 GMT). Please keep it to one question per post so everyone gets a chance.

Update: 2pm ET has come and gone. Mr. Jagielski might stick around for a bit and answer questions later so make sure to check back. A big thanks to him for his time and answers! Here's a link to his user page where you can read all his responses.

Jim Jagielski is likely best known as one of the developers and co-founders of the Apache Software Foundation, where he has previously served as both Chairman and President. He also is a director of the Open Source Initiative (OSI) and now serves as President of the Outercurve Foundation. Formerly known as the CodePlex Foundation, the Outercurve Foundation is "a not-for-profit foundation created as a forum in which open source communities and the software development community can come together with the shared goal of increasing participation in open source community projects." Jim has agreed to answer your questions in real-time about his new position and the Outercurve Foundation itself on Wednesday, August 28th from 12-2pm ET (16:00-18:00 GMT). Check back tomorrow and hear what he has to say.

dp619 writes "License-free software has become a thing. Only 14.9% of repositories on GitHub have a license, according to recent Software Freedom Law Center research. Red Monk has observed that this trend is occurring principally among younger software developers. Outercurve Foundation technical evangelist Eric Schultz has offered up his opinion, saying, 'As an active developer I want to add a slightly different perspective on the dangers of releasing unlicensed software. My perspective is based on a simple phrase: "Your License Is Your Interface."' He adds, 'A license similarly defines the interaction between the software, or more precisely the creators of the software, and users. Just like an interface, a license defines intended behavior of users of the software, such as the four essential freedoms or the ten pillars of the Open Source Definition. Just like an interface, a license prevents unintended behavior of users of the software, which depending on the open source license, may disclaim the original author of liability for use of the software, prohibit redistribution without recognizing the original author or prohibit distribution of derivatives under a more restrictive license. When it comes to legal use and distribution of your software, your license IS your interface.'"

dp619 writes "The tactic of patenting open source software to guard against patent trolls and the weaponization of corporate patent portfolios is gaining momentum in the FOSS community. Organizations including the Open Innovation Network, Google and Red Hat have built defensive patent portfolios (the latter two are defending their product lines). This approach has limitations. Penn State law professor Clark Asay writes in an Outercurve Foundation blog examining the trend, 'Patenting FOSS may help in some cases, but the nature of FOSS development itself may mean that patenting some collaboratively developed inventions is inherently more difficult, if not impossible, in many others. Consequently, strategies for mitigating patent risk that rely on FOSS communities patenting their technologies include inherent limitations. It's not entirely clear how best to reform patent law in order to better reconcile it with alternative models of innovation. But in the meantime, FOSS still presents certain advantages that, while dimmed by the prospect of patent suits, remain significant.'"

dp619 writes "Outercurve Foundation technical director Stephen Walli has written a blog post arguing that attracting users is fundamental to the ability of open source projects to recruit 'new blood' and contributors who are willing to code. 'So in the end, it's all about freeloaders, but from the perspective that you want as many as possible. That means you're "doing it right" in developing a broad base of users by making their experience easy, making it easy for them to contribute, and ultimately to create an ecosystem that continues to sustain itself,' he wrote."

dp619 writes "In an interview, Microsoft Regional Director Patrick Hynds says that avoidance of open source components by a large part of the .NET developer population is abating. '...While some may still steer clear of the GPL, there are dozens of FOSS licenses that are compatible with Windows developers and their customers,' he said. Hynds cites NuGet, an open source package management system was originally built by Microsoft and now an Outercurve Foundation project, as an example of FOSS libraries that .NET developer are adopting for their applications. Microsoft itself has embraced open source — to a point. It has partnered with Hortonworks for a Windows port of Hadoop, allowed Linux to run on Windows Azure, and is itself a Hadoop user."

dp619 writes "Penn State law professor Clark Asay has written an editorial on F/OSS patent risk, saying, '...under the current patent system, it's entirely possible to obtain a patent that reads on software that FOSS communities independently create. Consequently, FOSS communities and their users are vulnerable to third party patent claims, even absent any sort of wrongdoing or copying on their part.' He suggests that developers collaborate to prevent bad or frivolous patents from being issued in the first place. The ongoing work of Linux Defenders and Peer-to-Patent are cited as good examples of how the FOSS community's collaborative spirit can help it counteract potential legal threats."

dp619 writes "Ross Gardler, of Apache Fame, has written a guest post on the Outercurve Foundation blog advocating that universities accelerate the research process through a collaborative sharing and development of research software while examining reasons why many have been reluctant to publish their source code. Quoting: 'These highly specialized software solutions are not rarely engineered for reuse. They are often hacks to answer a specific question quickly. ... What many academic researchers fail to understand is that this specialization problem is not unique to research projects. Most software developers will seek to provide an adequate solution to their specific problem, as quickly as possible. They don't seek to build a perfect, all-purpose, tool set that can be reused in every conceivable circumstance. They simply solve the problem at hand and move on to the next one. The difference is that open source developers will do this incremental problem solving using shared code. They will share that code in incremental steps rather than wait until they've built the complete system they need but is too specific for others to use. Other people will reuse and improve on the initial solution, perhaps generalizing it a little in the process. There is no need to share the details of why one needs a 'green widget' nor is there any reason to prevent someone modifying it so it can be either a 'green widget' or a 'blue widget.'"