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Explaining Open Source Software

scubacuda writes "Mark Webbink, Red Hat's general counsel, has written an informative article explaining free and open source software. Geared towards attorneys, he explains the various licenses and addresses several myths about OSS." One to bookmark.

10 of 182 comments (clear)

  1. Great overview! by linux_user_31337 · · Score: 4, Interesting

    This article is exactly what I need to explain open source to my dad, a lawyer. It's especially difficult getting the concepts behind open source across to him now that I'm writing open source code (BSD license, no less) for a *living*.

    Thanks again, Groklaw. It's so wonderful having some lawyers on *our* side!

  2. Difficult for lawyers to grasp.. by irokitt · · Score: 4, Funny

    Lawyer: You mean you *want* it to be free?

    --
    If my answers frighten you, stop asking scary questions.
  3. One possible explanation by Anonymous Coward · · Score: 4, Funny

    On the subject of using volunteers versus paid programmers:

    "Remember, amateurs built the Ark. Professionals built the Titanic."

  4. More ways to prevent people from doing their job by Brahmastra · · Score: 4, Interesting
    Here's one of the guidelines from the article:
    1. Do not permit the uncontrolled importation of software onto company computers. Do not permit employees to download freeware, shareware, or Open Source software onto company computers without first clearing the license terms with the legal department. At the same time, bar the use of proprietary software except to the extent that the company can account for the permitted licenses. In other words, know what you are putting on your machines--to do otherwise exposes your company to risk.
    At least for me, this would severly hamper my ability to do work. For example, I sometimes use perl to parse through MAP files. So, if I wanted to download a FREE version of perl and run it, I have to go to some lawyer to explain why I want to use it? I can think of a hundred other reasons this would be a bloody pain, and result in a lot of bureaucratic hassle for engineers.
  5. We need translation to and from legalese. by dexterpexter · · Score: 5, Interesting

    It should be obligatory that any person involved in deciding this case should have to read a writeup such as this one. All too often those making the decisions are as tech savvy as dung beetles. It has been successfully argued in court that a certain hacker (in the misused sense of the term) could not have possibly been responsible for a breakin because the end IP was not the same as his home one and that "IP addresses are like DNA. Identifiers that cannot be changed." When we have the technologically unsavvy making rulings on technology issues, how can we expect any differently? If this SCO case is won, it will probably be on the backs of people who can't figure out how to attach files to their emails.

    This has been long-needed. We demand that legalese be put into "plain English," should we not expect attorneys to require the same?

    We need Open Source and related licenses explained for dummies (pehaps a book, anyone? Open Source For Dummies), for the those of us knee-deep in all of this who have a grasp of what is going on, and for the legal entities who will ultimately decide the case.

    This case will never be won so long as people believe that SCO can claim .h files, error number listings, and parts of the C standard library because "they look the same as that 'er Linus thingy code", and as long as people continue to equate open source royalty-free software with an attack on capitalism. Perhaps in addition to an Open Source for Dummies, the courts need a Basic Programming for Dummies as well.

    Yes, we need more articles like this one.

    --

    *-*-*-*-*-*-*-*
    "We are Linux. Resistance is measured in Ohms."
  6. On The Other Hand by wiredog · · Score: 4, Insightful
    "Know what you are putting on your machines" is great advice for a sysadmin. In fact, Do not permit employees to download ... without first clearing the license terms with ... legal. ... bar the use of proprietary software except to the extent that the company can account for the permitted licenses comes under the heading of "best practices" for a sysadmin.

    And remember, once the GPL, MPL, Artistic License, etc, have been cleared through legal, anything under those licenses is no longer barred from downloading.

  7. Re:More ways to prevent people from doing their jo by rlowe69 · · Score: 4, Insightful

    Actually the quote says "...without first clearing the license terms with the legal department."

    So for example, don't let your employees use GPL software until you understand what the GPL is. Fair enough. After you approve the GPL license terms, people are free to use GPL software.

    Did you interpret this to mean that you would need approval for each piece of open source software? Because yes, that would be a huge pain! I don't think that is what the guideline meant. Getting an open source license approved once isn't a big deal.

    --
    ----- rL
  8. Re:Eh? by cubicledrone · · Score: 4, Interesting

    Water is free.

    Water is a $5 billion industry.

    Seems simple enough.

    --
    Business isn't willing to pay for products, innovation and careers, so we get brands, mortgage commercials and layoffs.
  9. Non-technical explanation? by heironymouscoward · · Score: 5, Insightful

    How about an explanation that works for suits?

    Something like this:

    - Open source and free software is like disk space. You used to pay $1000 for 1GB, today you get 1Gb for $1.

    - This is possible because the Internet has made communications so cheap that the traditional huge costs of making software - design, management and infrastructure - have been largely eliminated.

    - "Closed software" businesses like Microsoft would very much like you to continue paying 1970's prices for software.

    - But the fact is that your competitors are benefiting from high-quality free packages like OpenOffice, Apache, PHP, Linux, and MySQL.

    - You should really be switching your IT budgets from paying for software licenses to paying for support and custom development: this is the best way to keep an edge in the market.

    Every dollar spent on buying overblown commercial software that has a free equivalent is a dollar wasted. Are you sure you want to waste your money?

    --
    Ceci n'est pas une signature
  10. Re:Typical lawyer misdirection ... by JordanH · · Score: 5, Funny
    • How many icebergs did the Ark bounce off of?
    The Ark survived at least as many iceberg strikes as the Titanic.