Open Source Software

By
Dr. Kalyan C. Kankanala Nishant Kewalramani
kalyan@brainleague.com nishant@brainleague.com

www.brainleague.com
Blog: www.indianipinfo.blogspot.com
 AGENDA
• Enforcement

• Risks

• OSS in Business

• Case Discussion
 Enforcement
• Jacobsen v. Katzer
– Commercial software firm distributes Jacobsen’s
OSS.
– Condition of notice violated
– No Commercial disadvantage…no losses-no
damages
– Held: Even if a minor condition violated, license
terminates and copyright violated.
• FSF Vs. CISCO
– GPL License firmware for its networking devices
– No Source Code
– Someone else was manufacturing software CISCO was
just incorporating it into a product.

– Held: risk of non compliance falls upon the party selling

the product in addition to the creator of software.
– Required to appoint OSS compliance director
• Microsoft v. TomTom
– TomTom GPS navigation software- linux base
– Patent Infringement

– When a person gives up copyright he cannot

assert patent rights.

– Out of Court settlement- amount unknown

• Busy Box Case

– Multiple parties involved- Verizon, Samsung, LG

etc.
– Utility tool having different application softwares
– Busy Box developer made it available under GPL
– Software Freedom Law Center (SFLC)- settlement
agreements signed
 Patent Risks
• Contributor
– Gives the software
• Third Party
– Patent lawsuits

• Microsoft Vs. TomTom

 Open Source Business
• Sale of verbatim copies
• Implementation and Training
• Support
• Warranty, Indemnity and Liability
 Use in business
• Internal use
• Use in products/software
• Use for Licensing
• Strategies
 Adaptation models
• OSMM Model
• BRR model
 OSS Compliance
• Policy and Checklist
• Choosing a software
• License Analysis and compliance
• Softwares - Blackduck, Palamida etc.
• Open Invention Network
 ROLE PLAY
• Review of case and formation of negotiation
strategy- 10 minutes
• Formal introduction of parties by mediator
• Mediation and negotiation- 15 minutes
• Presentation of deal by each mediator- 10
minutes
• Take aways from the role play- 10 minutes
 Thank You.
kalyan@brainleague.com
nishant@brainleague.com

Blog: www.indianipinfo.blogspot.com