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Understanding Open Source and Free Software Licensing: Guide to Navigating Licensing Issues in Existing & New Software 1st Edition

4.2 4.2 out of 5 stars 29 ratings

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If you've held back from developing open source or free software projects because you don't understand the implications of the various licenses, you're not alone. Many developers believe in releasing their software freely, but have hesitated to do so because they're concerned about losing control over their software. Licensing issues are complicated, and both the facts and fallacies you hear word-of-mouth can add to the confusion. Understanding Open Source and Free Software Licensing helps you make sense of the different options available to you. This concise guide focuses on annotated licenses, offering an in-depth explanation of how they compare and interoperate, and how license choices affect project possibilities. Written in clear language that you don't have to be a lawyer to understand, the book answers such questions as: What rights am I giving up? How will my use of OS/FS licensing affect future users or future developers? Does a particular use of this software--such as combining it with proprietary software--leave me vulnerable to lawsuits? Following a quick look at copyright law, contracts, and the definition of "open source," the book tackles the spectrum of licensing, including:
  • The MIT (or X), BSD, Apache and Academic Free licenses
  • The GPL, LGPL, and Mozilla licenses
  • The QT, Artistic, and Creative Commons licenses
  • Classic Proprietary licenses
  • Sun Community Source license and Microsoft Shared Source project
The book wraps up with a look at the legal effects--both positive and negative--of open source/free software licensing. Licensing is a major part of what open source and free software are all about, but it's still one of the most complicated areas of law. Even the very simple licenses are tricky. Understanding Open Source and Free Software Licensing bridges the gap between the open source vision and the practical implications of its legal underpinnings. If open source and free software licenses interest you, this book will help you understand them. If you're an open source/free software developer, this book is an absolute necessity.
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About the Author

Andrew M. St. Laurent is an experienced lawyer with a long-time interest in intellectual property, particularly software licensing.

Product details

  • Publisher ‏ : ‎ O'Reilly Media; 1st edition (September 21, 2004)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 207 pages
  • ISBN-10 ‏ : ‎ 0596005814
  • ISBN-13 ‏ : ‎ 978-0596005818
  • Item Weight ‏ : ‎ 12.5 ounces
  • Dimensions ‏ : ‎ 7 x 0.53 x 9.19 inches
  • Customer Reviews:
    4.2 4.2 out of 5 stars 29 ratings

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  • Reviewed in the United States on January 29, 2005
    Understanding Open Source & Free Software Licensing

    Andrew M. St. Laurent

    [...]

    When sharing with others that I was reviewing an O'Reilly book through their User Group & Professional Association Program, the first question was always the same: "What book are you reviewing?" After saying the title was "Understanding Open Source & Free Software Licensing", responses ranged from "What's that?" to "Well, you won't have any trouble sleeping!" One might think that this list of people included relatives and coworkers who were not attuned to the open source community and its issues. On the contrary, the responses came from those within my circle of acquaintances that include software developers, system administrators, and even an intellectual property lawyer. Licensing is not exactly the sort of topic where people slide forward in their seats and ask to be told more. Such is the appeal of software licensing; however, the importance of understanding licensing, particularly within the context of open source development, cannot be overstated.

    Those familiar with the O'Reilly product offerings have no doubt seen or purchased one or more their Pocket Reference series ([...] They are not comprehensive references, but rather convenient guides for a specific topic to provide the sort of information one is not likely to have committed to memory, particularly as the trend of having cross-disciplined technologists continues. This book could be considered the analog of pocket guides for open source and free software licensing. Open source licenses and their legal interpretation are subject matter that easily warrant a "pocket reference" that is a full-sized book of nearly 200 pages.

    Frankly, reading through a software license and maintaining a reasonable level of comprehension is a rather tough job. The author manages to make the task far more bearable and fruitful at the same time; a difficult balance to strike. The pace of the annotation works well to break up the various licenses (twelve in total) into bite-sized chunks. Chapters 2 and 3, which address the BSD/MIT family of licenses and the GPL/LGPL/MPL family of licenses respectively, each end with a section titled "Application and Philosophy" that serves as a sort of reward for making it through the license and establishes a touchstone to summarize and provide meaningful context for what has been covered.

    The annotations of the different licenses are a great introduction, but the book should not be considered as a complete reference for open source licensing issues. The book seems to affirm this at points where the author indicates that particular topics fall outside the book's scope, even to the point of recommending experienced legal counsel for certain issues. It also has a wonderful collection of footnotes and reference to other resources to allow the reader to flesh out topics of interest beyond the focus of this work.

    One subtlety of the book that should not be missed is how the history of the open source movement is woven throughout the book to provide the context in which these licenses came into being and were modified to accommodate the vibrant, emerging world of open development models. The book's last two chapters bring that context to the foreground, fully developing the consequence of the licenses in daily development activity. It is far too easy to view these licenses and as mere legal documents that exist in and of themselves; the author reminds us that these licenses are the manifestations of a spirit of selfless contribution and work toward social good made possible by the considerable sacrifice of quite gifted individuals. For those passionate about the open source and free software movements, the section of chapter 7 titled "Models of Open Source and Free Software Development" is a poignant and stirring encapsulation of the first years of the GNU and Linux projects and the work that brought them into being. The cliché rings true; we do indeed "stand on the shoulders of giants."

    The number of editorial errors involving misspelled and/or missing words seemed relatively high; this is a trend that seems to have developed in technical books in recent years, to a point that the technical community has come to accept it as some sort of side effect of the rapid pace with which books must be produced in order to keep pace with the rate of change. Given that this is an issue present in other works as well as this one, it should not particularly count as a mark against the work, but rather serve to underscore an issue publishers should consider improving.

    "Understanding Open Source & Free Software Licensing" is a book which strikes a balance between completeness of subject matter coverage and manageability of size. Given the amount of attention the average open source user or developer has given to licensing, reading this book would be a considerable improvement. This book is recommended for a couple of audiences. First, it serves as a great foundation for developers either active in or contemplating participation in open source development. Searching most any open source mailing list for the term "license" can usually turn up some of its hottest flame wars. If most developers had this introductory level of understanding about the main open source licenses, hundreds of message threads arguing about licensing could be avoided.

    A second audience for this book is the project manager and/or CTO in most corporate IT shops. Most corporate projects are making use of numerous open source libraries and frameworks. This is particularly true with J2EE, but also with .Net as a number of .Net counterparts to popular J2EE resources arise, e.g. NAnt, NUnit, etc. This book can dispel unnecessary apprehension regarding the use of these libraries that often arises from fear, uncertainty, and doubt (FUD) propagated in much of the mainstream technology media. It can also equip managers to make informed decisions about team members' potential contributions to open source projects and the potential legal implications.
    13 people found this helpful
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  • Reviewed in the United States on January 12, 2005
    I am an attorney who does open source software license work for a living. When this book came along, I picked it up, mostly because I was interested in seeing how O'Reilly does branching out well beyond its usual technical subjects. As you are probably aware, 2004 was the year of open source, according to some publications. Well, it was also the year of open source books. I have seen at least five that deal with the topic directly.

    Getting to the merits of St. Laurent's book, I struggled with whether to give it three or four stars. You see, even as a lawyer I found it lacking in clarity and flow. Overall, I am opposed to the route he took in excerpting almost every term of each license and then providing exposition of his own that was a lot of times hardly more helpful than the original license language. A better approach to explaining the licenses can be found in Larry Rosen's wonderful book "Open Source Licensing." However, this downside becomes an upside when using the book as a reference, instead of an educational guide (justifying the fourth star). St. Laurent's approach here is useful for going into more depth on a particular license. Perhaps that was the goal all along.

    Another advantage this book has over Rosen's is its broader treatment of the growing array of licenses and license types. St. Laurent covers more licenses and for that I am thankful. In the end, I would recommend having a copy of both Rosen's and St. Laurent's book handy. And whatever you do, skip Rod Dixon's "Open Source Software Law."
    17 people found this helpful
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  • Reviewed in the United States on November 11, 2012
    I actually read this book about a year ago and forgot to do a review. It is helpful and explains what for me is a confusing topic in clear concise language. I find myself going back to it again and again. Particularly useful for those trying to figure out a way to make a business from open source software.
    3 people found this helpful
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  • Reviewed in the United States on August 4, 2014
    I WANT TO SEE THE TABLE CONTENTS OF AMAZON BOOKS!!!
  • Reviewed in the United States on September 23, 2004
    I've had a good hour or so to sit and read through "Understanding Open Source & Free Software Licensing, by Andrew M. St. Laurent (Oreilly 2004 - ISBN: 0596005814) and thought I would share my opinion on it.

    Let me first begin by saying that the author did a great job of being concise. I'd had some free time today, and was at first hesitant to begin, as I thought it may be too dry for a saturday afternoon. St. Laurent did a great job of reeling me in though, with a quick, easy to understand example of basic copyright as it stands in the US, along with brief explanations on how closed-source and open-source licensing influences that copyright.

    The book then goes into different types of open source/free software licensing: GPL, LGPL, Apache, Qt, Creative Commons, BSD, etc - all of the usual suspects, and then some. Then, in chapter 5, the author talks about "Closed Source" licensing, for the reason being that "understanding proprietary licenses can also be important, as companies...(are) attempting to reap some of the benefits of a more open development model."

    Chapters 6 and 7 get to the heart of the matter, discussing the legal aspects, derived works and forking of OS projects, choosing a license and even the "negative" aspects of OS licensing.

    I would say that the author deserves your hard-earned sheckles for this book. He does a good job of delivering a widely debated, legal topic to the folks who need to understand it the most, software developers and their IT collegues.
    4 people found this helpful
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  • Luca Martinelli
    5.0 out of 5 stars Ottima lettura, meglio approfondire con qualche intervista di Stallman e TedX
    Reviewed in Italy on July 15, 2020
    Cose da sapere per sentirsi più consapevoli quando si usa il computer
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  • VR
    5.0 out of 5 stars Five Stars
    Reviewed in India on July 19, 2017
    Explains the basics very nicely
  • Mrs Satnam K Sahota
    5.0 out of 5 stars Five Stars
    Reviewed in the United Kingdom on March 15, 2015
    good