1 François Fluckiger, IT Seminar – 15/11/13 Free software at CERN: Where are we, Where are we...

1François Fluckiger, IT Seminar – 15/11/13

Free software at CERN: Where are we,

Where are we going?

IT Seminar

F. Fluckiger

T. Smith

2Francois Fluckiger

15November

1994


Dear Colleagues,Some of you asked about the conditions for the distribution of new versions of the CERN WWW Library of Common Code (libwww), the CERN Line Mode Browser (www) and the WWW HTTP Daemon (httpd).

The new versions will remain freely available, for general use, and atno cost.

The only change is that the material distributed will remaincopyrighted by CERN. As a consequence, a copyright notice will have toappear in copies, but also, the rights of the users will be protected,in particular by preventing third parties to turn free software intoproprietary software, and deny the users the rights to freely use thematerial.

These principles are those used by most distributors of free software,including the X consortium.

The proper copyright notice is being ratified and will be available ina few days.

We hope all those who have trusted CERN WWW software will continue todo so, and will appreciate that these conditions not only maintain thefree distribution but better protect it.

Francois FluckigerLeader, WWW development, CERN

Distribution of CERN WWW softwareFrancois Fluckiger ([email protected])Tue, 15 Nov 1994 17:37:15 --100

Group: WWW-Talk

5Francois Fluckiger

What is freedom?


Group: WWW-Talk

On Nov 16 1994, 11:57, Tony Sanders <sanders@...> wrote:

> We hope all those who have trusted CERN WWW software will continue to > do so, and will appreciate that these conditions not only maintain the > free distribution but better protect it.

No, I don't buy any such nonsense. It's either free or it's restricted.

Sounds more to me like they are going to start charging for access to the technology.

mailto:sanders@...


Group: WWW-Talk

On 16 Nov, 11:48 , Jean-Philippe Martin-Flatin ([email protected]) wrote:

> No, I don't buy any such nonsense. It's either free or it's restricted. > > Sounds more to me like they are going to start charging for access> to the technology.

Sounds to me CERN want to prevent other people from making money out of CERN's work, which is a very reasonable thing to do IMHO.

mailto:[email protected]


Group: WWW-Talk

On Nov 17, 13:50, P. M. Hallam-Baker ([email protected]) wrote

> No, I don't buy any such nonsense. It's either free or it's restricted. > > Sounds more to me like they are going to start charging for access> to the technology.

The point about the copyrights is that a large number of people are not aware thatmany products including Mosaic are built on top of CERN code. This means thatCERN does not get the credit it should.

When I saw Stallman he was rather concerned about the putting of the libraries in the public domain.

mailto:[email protected]

9Francois Fluckiger

June

1994

10Francois Fluckiger

David Williams

Head, CN Division


Tim Berners-Lee

Leaving CERN to the W3C, MIT


CERN Web Software

Version 3.0

lmbLine Mode Browser

libwwwLibrary of Common Code

httpdHTTP Daemon

Version 3.0


A long learning process

The Public Domain Phase


May

1993


PublicDomain


PublicDomain

=

RelinquishProperty Rights


Why Public Domain?

Objective: was clear

Give permission to anyone to use, duplicate, modify, distribute

Means to achieve it:was comprehensible by the general public

What else more suitable than making the SW “to belong to no one”


The most natural choice at that time

“Public Domain” “No owner”

Perceived as more philanthropic

“Copyright” “Ownership”

Negative connotation in terms of freedom

Free Software movement was in its infancy


Free Software Movement

Free Software Foundation

GNU Project

GP

Richard Stallman

Free SW => Licencing

L


Free Software Movement in 93 Free Software philosophy not widespread

Perception that Freedom Ë Freedom protection Licencing Þ Not free of charge

From TBL’s “Weaving the Web” book“There were rumors that large companies would not allow the web on their premises if there were any kind of licensing issues. Because that would be too constraining.”


May 93 CERN places WWW in Public Domain

Public Domain Phase

93

94



The Private Licence Phase


The two difficulties with Public Domain

1. Attribution

Twenty years later, the same two difficulties still form a duo of issues which are central to any discussion that relates to

relinquishing ownership

On Nov 17 1994, 13:50, P. M. Hallam-Baker wrote

The point about the copyrights is that a large number of people are not aware that many products including Mosaic are built on top of CERN code. This means that CERN does not get the credit it should.



1. Attribution

Organizations which have developed and made freely available a software system may wish that their initial role is not forgotten when new versions and derivative works are produced by third parties.



1. Attribution

2. Appropriation

On Nov 17 1994, 13:50, P. M. Hallam-Baker wrote

When I saw Stallman he was rather concerned about the putting of the libraries in the public domain


Berlin, 3rd August 2013



1. Attribution

2. AppropriationThe risk that an object which does not belong to anyone may be taken by a third party and turned into a proprietary object, denying in turn the right for others to use it freely.


Free Software Principle

Protect freedom by keeping ownership

Grant anyone theperpetual irrevocable

right to use, copy, distribute, modify


Free Software vs. Open Source Free Software Foundation (FSF)

Laid down Free Software (FS) principles,

FSD: Free Software Definition Developed the two major FS public licences

(GPL, LGPL)

Open Source Initiative (OSI) Defined Criteria for Open Source licence:

OSD: Open Source Definition Approve some licences But … Since 2003 severely limits # of approvals

New licence close to existing one: certification refused


The 1st CERN Free Software Licence I met with CERN legal Service

We all visited WIPO

Decision to licence v3.0 as Free SW

Which licence?GPL: Complex; Pb with

CERN international status

CERN decides to develop its own licence and provide solution for AttributionAppropriation

Oct 94

Nov 94


The 1st CERN Free Software LicenceCOPYRIGHT STATEMENT(c) COPYRIGHT CERN 1994___________________________________The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions:

this computer software is provided on an as-is basis and CERN provides no express or implied warranties of any kind, including but not limited to those of merchantability, fitness for a particular purpose and non-infringement of the proprietary rights, such as copyrights, patents and trade secrets, of third parties. CERN accepts no liability whatsoever for or in connection with the use of this computer software; all copies made of this computer software or of parts thereof shall include this copyright statement in full; however, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation (or, in the absence thereof, in any other appropriate place) concerning the computer software thus made available or created: "This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof."


The 1st CERN Free Software Licence

COPYRIGHT STATEMENT(c) COPYRIGHT CERN 1994___________________________________The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN. CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions:


1. Protect Freedom

2. Provide Freedom

The copyright and all other rights relating to this computer software, in whatever form, including but not limited to the source code, the object code and user documentation, are vested in CERN.

CERN, on a royalty-free and non-exclusive basis, hereby grants permission to use, copy, change, modify, translate, display, distribute and make available this computer software, subject to the following conditions”.





1. Protect Freedom

2. Provide FreedomPerpetuate Freedom

for unchanged copies

all copies made of this computer software or of parts thereof shall include this copyright statement in full;





Attributionfor derivative workshowever, if this computer software or parts thereof are made available in any other form than their original form, or are included in any other computer software, the following short acknowledgement only must be mentioned in the copyright statement and in the user documentation

"This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof."



Version 3.0The 1st and last Free SW release of the Web SW by CERN

In 95, ball now in the court ofMIT / W3C

httpd - wwwlib


May1995


MIT Releases wwwlib version 3.1

pre-Version 3.1Free SWMIT copyright

MIT-Specific licence

Very close to CERN licence

wwwlibLibrary of Common Code

COPYRIGHT STATEMENTCopyright NOTICENOTICE Copyright 1995 by: Massachusetts Institute of Technology (MIT), CERN This W3C software is being provided by the copyright holders under the following license. By obtaining, using and/or copying this software, you agree that you have read, understood, and will comply with the following terms and conditions: Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee or royalty is hereby granted, provided that the full text of this NOTICE appears on ALL copies of the software and documentation or portions thereof, including modifications, that you make. THIS SOFTWARE IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL BEAR NO LIABILITY FOR ANY USE OF THIS SOFTWARE OR DOCUMENTATION. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders


MIT Licensing of httpd / libwww Subsequent MIT versions based on CERN

SW released as Free SW

All reproduced CERN’s credit notice

Attribution issue had been satisfactorily addressed by the CERN-Specific licence!

"This product includes computer software created and made available by CERN. This acknowledgement shall be mentioned in full in any product which includes the CERN computer software included herein or parts thereof."

WELCOME TO THE WORLD-WIDE WEB DAEMON ====================================

(c) COPYRIGHT MIT 1995.Please first read the full copyright statement in the file COPYRIGH. "This product includes computer software created and made available byCERN. This acknowledgement shall be mentioned in full in any productwhich includes the CERN computer software included herein or partsthereof." W3C httpd is a generic public domain full-featured hypertext serverwhich can be used as a regular HTTP server. The running typically onport 80 to serve hypertext and other documents, and also as a proxy --a server on a firewall machine -- that provides access for peopleinside a firewall to the outside world. When running as proxy httpdmay be configured to do caching of documents resulting in fasterresponse times. <P> For more information on the Library, please look at the page

http://www.w3.org/pub/WWW/Daemon/ Have fun! [email protected], May 1995



May 95 MIT releases wwwlib as Free SWResponsibility for new versions moves to MITMar 95 CERN announce WWW will be Free SWNov 94

Public Domain Phase

Private licence Phase

93

94

95



The mixed Phase


Were we fully right with the 1st CERN-Specific licence?

Not yet

Derivative workNo word about

which licence to use

Any licence may be used by new copyrighter




The nature of 1st CERN-Specific licence

Fully Permissive Licence (FPL)

Any Derivative Work can be distributed under any licence


Fully Permissive Licensing Chain

Program

Original Licensor

FPLx

licensee 1

FPLx

licensee 2

May sell

Program

Original Licensor

FPLx

licensee 1

May sellProp. Prog.

FPLx FPLx

FPLx Any licence

Derivative Work

GPL

licensee 2

Anylicence

Derivative Work

Modification

Inclusion

Unchanged


Derivative Work: What is a modification?

No simple answer

The extent of modification on the Original Work required to classify a Work as Derivative:

Determined by copyright applicable lawSubject to Interpretations

Program

Original Licensor

GPL

licenseeLicence x

Modification

Derivative Work


Since Nov 95 … CERN Public releases …

Have not been put in Public Domain

Have used a mix of Free Software licences

CERN-Specific 1st CERN licence Web EDG EU DataGrid

Public GPL Indico, Invenio, Castor

LGPL ROOT Apache gLite (EGEE project)


Why were Public Licences also used?The Derivative Work licensing issue

Indico, Invenio, Castor Þ GPL

The OSI certification issuethe three abovegLite Þ Apache

EDG was approved by OSI; Not its successorsLawyers in licensees’ organisations became

reluctant to analyse non-OSI approved licencesOSI-approved Public Licences:

Only way for widespread dissemination



May 06 EGEE glite released as Open Source


Public Domain Phase


Mixed (Private + Public) Phase

93

94

95

06



The Public-Only confusing Phase


March2010


CERN Policy for Intellectual Property

Finance Committee paper

Priority for CERN is maximizing the dissemination and visibility of technologies ahead of generating revenue

Had never been expressed so clearly !

FC/5434 (17 March 2010) “Policy on the management of intellectual property in technology transfer activities at CERN


CERN Policy for Intellectual Property

Finance Committee paper

“For SW owned in whole or in part by CERN, CERN favors open source approach”

“Exceptions can be made where there is a good reason”

So far, we had practices Now we have a policy !

FC/5434 (17 March 2010) “Policy on the management of intellectual property in technology transfer activities at CERN


Implementation of Open Source Policy: Difficult

No indication of which open source licence to use at CERN

No overall guidance forPractical incorporation of licence / copyright

statementsAddressing collaborative vs. CERN-only SWDecision making process


Consequences of lack of guidance

In some cases …SW made available with no licence terms

Sometimes, copyright statement …Missing Invalid

(e.g. referring to a non existing legal entity)

Often, licence chosen without clear reasonE.g. Apache licence (influenced by EGEE)


April2011


Open Source Licensing Task Force

Created Spring 2011 to recommend

“Which licence for which class”

Report delivered early 2012endorsed in fall 2012by CERN Extended Directorate



May 06 EGEE glite released as Open Source


Public Domain Phase


Mixed (Private + Public) Phase

Mar 10 CERN favors officially Open SourcePublic-only Confusing Phase

93

94

95

06

12



The Copyleft Phase


Participants

Field of expertise Member Unit

Legal aspects of open source; Intellectual property Myriam Ayass FP-KT

Requirements from Specialized SW cases (control) Renaud Barillere EN

CERN legal officers Kirsten BaxterDiane Nourissier

Legal Ser.

Large collaborative SW (GEANT, ROOT) René Brun PH

KTT expert Bernard Denis FP-KT

PH-SFT Group Leader John Harvey PH

EU project SW; Large collaborations; OS in general Bob Jones IT

SW licences and open-source in general Fons Rademakers PH

Requirements from limited-scale collaborative SW Katarina Sigerud BE

Open access; Large CERN SW; OS in general Tim Smith IT

CERN Deputy Legal Counsel Maarten Wilbers Legal Ser.

Chair person – IT KTT Officer François Fluckiger IT

Membership to reflect the variety of cases and stakeholders


SW Scope

SW developed solely by CERN

SW developed by CERN in

collaboration with other partners

SW making no use of, not

based on Third Party SW

SW making use of, based on

Third Party SW

1 2

3 4


OSL Report

Main volume8 recommendations + their rationale

Volume of Annexes

Practical “how-to” guide


Intellectual Property

Statement

Intellectual Property

Statement

R3 Notice Statement: 3 ComponentsWho owns the copyright(the licensor(s))

What are the rights and obligations of those who receive the SW(the licensees)

Liability, Warranty

Conditions of use

Called

“The Licence”

Distribution Conditions

Distribution Conditions

DisclaimersDisclaimers

Applicable lawJurisdiction

Applicable lawJurisdiction

1.Open-source

2.Exceptions

3.Statement

4.OSI

5.Default GPLAltern. LGPLExcep. ApacheNext? EUPL

6.Collab. Agree.

7.Decision Proc.

8.Next structure

CERN Status NoticeCERN Status Notice

For settlement of disputes

Copyright statement

CERN Notice

1

2

3

New


R3: How to state the notice

Example

© Copyright 2012 CERN for the benefit of the [xxx] collaboration

This software is distributed under the terms of the GNU General Public Licence version 3 (GPL Version 3), copied verbatim in the file “COPYING”.

In applying this licence, CERN does not waive the privileges and immunities granted to it by virtue of its status as an Intergovernmental Organization or submit itself to any jurisdiction.

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure

1

2

3

New


Instructions for specifying licence

terms in OSS

Rules for stating the copyright

Rules for the applicable licence

Rules for acknowledging the status of CERN as an Intergovernmental Organization

Verbatim texts of the recommended licences

https://legal.web.cern.ch/licensing/software


R5 Recommended licences

Default Licence: GPLv3

Most widely used OSS licence (v2)

Copyleft licence

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure


Copyleft Licences Philosophy

“As a User of the licensed SW, you cannot redistribute the original or a derivative work with fewer rights than the ones you yourself received”

Consequences OSS user receives source of the software =>

must provide the source of any distributed derivative work

Collaborative dissemination Encourage open communities of users to

improve / complement the SW share enhancements with entire community

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure


Copyleft Chain

May sell

GPL GPL

licensee 2

GPL

Derivative Work

Program

Original Licensor

GPL

licensee 1

Prop. Prog.

GPL

Derivative Work

Modification

Inclusion

GPL

licensee 2

May sell

GPLProgram

Original Licensor

GPL

licensee 1

GPL

Unchanged


R5 Rationale for Copyleft

Fits CERN scientific philosophy/tradition

EU defends Copyleft sharing philosophy in particular for public administrations

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure


R5 EUPL - European Public Licence

EU defends Copyleft sharing principle

“Sharing software, which is a fundamental principle of “Free or Open Source software” is one of the most efficient ways of increasing its use, reinforcing its quality (allowing other developers to check, improve or increase functionalities) and saving costs by avoiding reinventing the wheel.”

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure


R5 Rationale for Copyleft

Fits CERN scientific philosophy/tradition

CERN Open Hardware Licence is Copyleft

EU defends Copyleft sharing philosophy in particular for public administrations

EU Developed / Promote the EUPL

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure


R5 EUPL - European Public Licence

EUPL unanimously recommended to public administrations by European Ministers responsible for eGovernment policy (1) (2)

Adopted for public administrations by Spain, the Netherlands, Italy, Estonia

(1) Ministerial Declaration approved unanimously on 24 November 2005 in Manchester, United Kingdom.

(2) EUPL included in the European interoperability framework (EIF v2 of December 2010)

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure


R5 Future: EUPL?

Modern, innovative

Concise, not ambiguous, not a manifesto (unlike GPL)

Current version contains Jurisdiction Clause not compatible with CERN status

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure


R5 EUPL Jurisdiction, Applicable Law

14. Jurisdiction

Any litigation resulting from the interpretation of this License, arising between the European Commission, as a Licensor, and any Licensee, will be subject to the jurisdiction of the Court of Justice of the European Communities, as laid down in article 238 of the Treaty establishing the European Community. Any litigation arising between Parties, other than the European Commission, and resulting from the interpretation of this License, will be subject to the exclusive jurisdiction of the competent court where the Licensor resides or conducts its primary business.

15. Applicable Law

This Licence shall be governed by the law of the European Union country where the Licensor resides or has his registered office.This licence shall be governed by the Belgian law if:

- a litigation arises between the European Commission, as a Licensor, and any Licensee; - the Licensor, other than the European Commission, has no residence or registered office inside a European Union country.


R5 Future: EUPL?

Modern, innovative

Concise, not ambiguous, not a manifesto (unlike GPL)

Current version contains Jurisdiction Clause not compatible with CERN status

Recommendation to discuss with EU for next version

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure


R5 Alternate:Permissive for Inclusion Licence

Alternate Licence: LGPLv3

For cases such as program libraries

“Weak Copyleft” licence

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure


Permissive for Inclusion Chain

Any

License

licensee 2

Prop. Prog.

Modified library

LGPLLGPLMay sell

Modification

Pro-gram

Original Licensor

LGPL

licensee 1

Propr. Prog.

LGPL

Proprietary Program Linked with library

Inclusion

Pro-gram

Original Licensor

LGPL

licensee 1

LGPL

licensee 2

LGPL LGPLMay sell

Unchanged


R5 Recommended licences

5. Exception Licence: Apache.v2

Fully Permissive When constraints imposed by existing

agreements, such as an external funding body

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure


Main categories of OSS LicencesOpen

Source Licences

Permissive Licences

Copyleft Licenses

Default (1)

GPLv3

Exampleat CERN

IndicoInvenioCastor

Inclusiononly

InclusionModification

Alternate

LGPL.v3Exception

Apache.v2

Exampleat CERN

ROOT

Exampleat CERN

gLite (EGEE)

(1) Possible in Future: EUPL


Advice: Document OSS cases

Form Prototyped in IT

Form reflects complexity

Compiled vs. Interpreted source Stand-alone vs. Library program Original vs. Derivative work Derivative by Inclusion vs.

Modification Stand-alone vs. Communicating Static vs. Dynamic linking ...

https://cds.cern.ch/record/1482206


Also in the report

Exceptions to open source

Dealing withUse of third party SWCollaborations with other institutes

Decision making process

AnnexGlossary of termsDiscussion on Derivative Work

1.Open-source

2.Exceptions

3.Statement

4.OSI


6.Collab. Agree.

7.Decision Proc.

8.Next structure


Pilot repository of CERN Terms of Use

https://legal.web.cern.ch/licensing/software


Do your own Quiz (after Tim’s talk)

https://indico.cern.ch/conferenceDisplay.py?confId=276388

from IT Seminar Abstract


Questions from Seminar abstract1. Who owns software developed at CERN?

CERN

2. What should I do practically if I wish to publicly release software I wrote at CERN?Documents your OSS caseTalk to your supervisor, your Departmental KT Officer

3. Is there a CERN policy regarding free access in general, regarding free software in particular?Yes, maximize dissemination ahead of revenuesFavour Open Source

4. What is the default free software licence to be used at CERN? Why was it chosen?GPL. Though not idealOSI approved, Sharing philosophy


Questions from Seminar abstract5. Are there exceptions to this default? If so, who decides that my

case is an exception?Yes: LGPL, ApacheYour management / Dpt KT Officer / KT group

6. What is a copyright statement and where/how should I use it?7. How practically to announce that my software is made

available under a given licence?See Instructions for specifying the licence terms in Open Source Software from https://legal.web.cern.ch/licensing/software

8. What is a derivative work?Modification or inclusion of an original program


Questions from Seminar abstract

9. Can someone take CERN free software and sell it?Yes

Re-licence it unchanged?No

Modify it?Yes

Re-licence it after change?

Yes, but only for Fully Permissive Licence (like Apache)


What next ?


Monitor implementation of

OSS policy


Tim Smithhas taken over


15November

1994


GoodbyeEveryone

1 François Fluckiger, IT Seminar – 15/11/13 Free software at CERN: Where are we, Where are we...

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