forked from IFOSSLawBook/ifosslawbook
-
Notifications
You must be signed in to change notification settings - Fork 0
/
Intro.txt
140 lines (111 loc) · 8.78 KB
/
Intro.txt
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
[[chap.about]]
== About the publication ==
[quote, Stewart Brand, The Media Lab - Inventing the Future at{nbsp}M.I.T.]
__________________
Information wants to be free. Information also wants to be
expensive. Information wants to be free because it has become so cheap
to distribute, copy, and recombine -- too cheap to meter. It wants to
be expensive because it can be immeasurably valuable to the
recipient. That tension will not go away. It leads to endless
wrenching debate about price, copyright, ``intellectual property'',
the moral rightness of casual distribution, because each round of new
devices makes the tension worse, not better. zufuizf
___________________
The tension underlying the value of information translates into two
predominant software paradigms: Free and Open Source Software (FOSS)
and proprietary software. The criteria for differentiation are based
on control over the software/information. With proprietary software,
control tends to lie more with the vendor, while with Free and Open
Source Software, it tends to be more weighted towards the end user.
But even though the paradigms differ, they use the same copyright laws
to reach and enforce their goals. From a legal perspective, Free and
Open Source Software can be considered as software to which users
generally receive more rights via their license agreement than they
would have with a proprietary software license, yet the underlying
license mechanisms are the same.
However, as legal systems differ throughout the world there are
significant differences in how Free and Open Source Software licenses
are treated in different countries, and it can be difficult to obtain
reliable information on national interpretations. The IFOSS Law Book
engages with this issue by providing a clear yet thorough analysis of
Free and Open Source legal matters by national legal experts. The first
edition covered thirteen countries. This second edition adds four more
countries, bringing the number to seventeen and new editions will
expand over time to explore more. The purpose of the IFOSS Law Book is to provide a clear, compelling and simple way for legal professionals,
students and academics, and broader policy makers, to contextualize the
ramifications and imperatives of the field in their own nation, and in
the nations of others. This lofty goal is supported by necessity; the
very nature of Free and Open Source Software assumes collaboration to
drive value, and such collaboration is by the nature of the Internet not
confined to national borders, yet it is simultaneously defined in legal
terms by their differing systems, laws and interpretations of best
practice in the management of creative goods.
The IFOSS Law Book does not endeavour to be the sole required
reference for legal aspects of Free and Open Source Software. Rather,
it is intended to become the place where legal experts confronted with
a legal question under a foreign jurisdiction can turn for an
understanding on how Free and Open Source Licenses are treated under
that law. From this starting point, experts can seek specific
information or seek the advice of a local legal counsel. In short, the
IFOSS Law Book is positioned as a bench mark reference that helps
people quickly contextualize the key issues in the field.
Finally, it is important to point out that the IFOSS Law Book is not
written for those who endorse FOSS for ideological or practical
reasons. The publication is targeted towards all those that encounter
FOSS in their profession.
[[sec.foss]]
=== Free Software or Open Source Software ===
The Free Software and the Open Source Software movements largely
pursue similar goals and endorse similar software licences. But
historically, both movements carry different emphases. Where the
``Free Software'' movement focuses on the rights (the four freedoms)
which Free Software provides to its users, the ``Open Source
Software'' movement points to its Open Source Definition and the
advantages of peer-to-peer software development. The IFOSS Law Book
does not endorse any emphasis. It uses the term Free and Open Source
Software (FOSS) to cover both Free Software and Open Source Software.
[[sec.licences]]
=== FOSS licences ===
The goals of FOSS are realised through licences governed by copyright
law. These licences tend to take an unusual form compared to
traditional proprietary documents. Instead of providing a narrow grant
of use with a long list of exceptions and restrictions, FOSS licences
provide a broad grant of use with few restrictions. These
licences are often divided into three categories: non-Copyleft,
weak-Copyleft and strong-Copyleft. It is the analysis of these
licenses under local copyright law by local legal experts that lies at
the heart of the IFOSS Law Book.
[[sec.method]]
=== Working method ===
This law book is a product of its time. Its management is distributed
across three countries and two continents, while its contributors are
linked through technology as much -- if not more -- than their formal
legal positions and firms. The two threads underlying the organization
of the publication are that the book itself will provide a neutral and
lasting reference, while the local chapters will be developed in a
flexible enough manner to accurately reflect the state of the art
regarding interpretation for the nation in question. As such the book
actually has two forms; an ``evolving'' form based at
http://www.ifosslawbook.org/ that sees each chapter
continually refined and provides a mechanism for any reader to
contribute notes and clarifications as necessary, and a ``complete''
form that is physically published through Open Source Press, Germany.
Like any work of reference, this book is intended to be accurate and trustworthy, and it employs several methods to deliver the highest level of fidelity in this regard. The first and foremost is the careful selection of chapter authors. All of the initial authors are experienced, driven professionals sourced from the European Legal Network, the largest network of its kind, and the primary global resource for Free and Open Source Software legal knowledge as of 2014. The second method is to openly and continuously invite the broader network to review, comment and improve the chapter texts, positioning the publication in clear terms as an open reference intended to benefit all. The third and by no means least important method is to ensure that third party experts -- be they legal professionals, technical experts or from another field altogether -- can easily register and provide feedback on chapters and the book itself through the main website.
The governance of the IFOSS Law Book is currently limited to a handful of parties. As the publication progresses, it will develop a formal governance structure based on maintaining objective analysis, improving its potential for sustainability and ensuring fair representation for diverse legal and social systems. This governance will be drawn from existing contributors, the network from which they originate and from the example set by other publications in this field. As with all other aspects of this publication, contributions towards its development is welcomed from all interested parties.
The IFOSS Law Book currently provides three forms of information for
each country covered:
* An introduction to software protection (in general) in the nation
* A general analysis of FOSS under local legislation
* A overview of local FOSS cases (if any)
The second edition is edited by Ywein Van den Brande, Shane Coughlan
and Till Jaeger.
[[sec.booklicense]]
=== License ===
The IFOSS Law Book as a whole is published under a CC-BY-ND license. The text can be freely copied and shared by any party under these conditions. Physical copies may be purchased, but it is also available at no cost in electronic form at our website.
[[sec.conclusion]]
=== Conclusion ===
FOSS is no longer a new, challenging and unproven method regulating the creation, use and redistribution of creative goods for digital purposes. In the past twenty five years it has matured into an accepted, proven and compelling proposition for commercial and non-commercial entities alike, delivering value in terms of both productivity and economic activity. As it has matured, so too has the legal understanding regarding its use on a nation by nation basis. The first edition of the IFOSS Law Book contributed hereto with a comprehensive overview of the understanding of FOSS under the legislation of thirteen countries.
It is with this in view that the editors present this second edition of the International Free and Open Source Software Law Book (IFOSS Law Book) that covers four more countries. We hope and expect that it will provide a useful and trusted source for users and advisors seeking information on Free and Open Source Software issues under foreign legislations.
Enjoy the book.
Ywein Van den Brande -- Shane Coughlan -- Till Jaeger
July 2014