Choosing the iText Solution that is right for you: Community or Commercial editions

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Choosing the iText Solution that is right for you: Community or Commercial editions Ywein Van den Brande [email protected] iText 29/03/2012
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Talk by Ywein Van den Brande, Attorney at law (technology and new media) at the iText Summit in 2012.

Transcript of Choosing the iText Solution that is right for you: Community or Commercial editions

Page 1: Choosing the iText Solution that is right for you: Community or Commercial editions

Choosing the iText Solution that is right for you:

Community or Commercial editions

Ywein Van den Brande

[email protected]

iText 29/03/2012

Page 3: Choosing the iText Solution that is right for you: Community or Commercial editions

FOSS & ©

www.crealaw.eu

FOSS Licenses are based on © -> FOSS is software to which users generally receive more

rights (freedoms) via their license agreement, than they would normally have with a proprietary software license.

-> However, the FOSS license conditions need to be

respected by the user. FOSS has been enforced in court

Page 4: Choosing the iText Solution that is right for you: Community or Commercial editions

© 1T3XT

www.crealaw.eu

ICLA: iText Contributor License Agreement

Page 5: Choosing the iText Solution that is right for you: Community or Commercial editions

By © law:

- No reproduction (even in part)

- No translation, adaptation, arrangement or alteration

- No distribution

Without permission of iText Software Corp. (California, USA) or iText Software BVBA

© 1T3XT

www.crealaw.eu

Page 6: Choosing the iText Solution that is right for you: Community or Commercial editions

But you do have permission:

© 1T3XT

www.crealaw.eu

Community or Commercial

Page 7: Choosing the iText Solution that is right for you: Community or Commercial editions

- You may run GPL software

-> no acceptance of the GPL

Community: Free as in freedom

www.crealaw.eu

Page 8: Choosing the iText Solution that is right for you: Community or Commercial editions

- You do more with iText:

- you built iText in your application

- You distribute iText

- ...

-> acceptance of the GPL

Community: Free as in freedom

www.crealaw.eu

Page 9: Choosing the iText Solution that is right for you: Community or Commercial editions

Software provided as is

- No warranty

- No support

Community: Free as in freedom

www.crealaw.eu

Page 10: Choosing the iText Solution that is right for you: Community or Commercial editions

If your application modifies iText or is based on iText -> copyleft: - If you distribute your application (GPL) - If you use your application in a network environment (AGPL) (Art. 13: “Notwithstanding any other provision of this License, if you modify the

Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software.”)

-> the program is designed to accept user requests and send

responses over a network

Community: Free as in freedom

www.crealaw.eu

Page 11: Choosing the iText Solution that is right for you: Community or Commercial editions

You must:

- Distribute your application under GPLv3 or compatible (iText remains AGPLv3)

- Distribute a copy of the source code of your application (or alternative)

- Distribute a copy of the AGPLv3

- Respect iText notices

- …

Community: Free as in freedom

www.crealaw.eu

Page 12: Choosing the iText Solution that is right for you: Community or Commercial editions

- Warranty (e.g. Indemnification in the event of IP infringement)

- Support

- Release from the community requirements: - Distribution under GPL

- Distribution of source code

- iText notices

- …

Commercial

www.crealaw.eu

Page 13: Choosing the iText Solution that is right for you: Community or Commercial editions

- A trusted supplier – long term commitment

- Negotiation of terms

Commercial

www.crealaw.eu

Page 14: Choosing the iText Solution that is right for you: Community or Commercial editions

Need more info?

Contact Ywein: Read more: [email protected]

@ywein

0494/50.46.99

Free to read at www.crealaw.eu

30% discount for iText participants (mention it when ordering)

Page 15: Choosing the iText Solution that is right for you: Community or Commercial editions

Summary: Het Praktijkboek Informaticarecht

I. An overview of the intellectual property rights (difference between copyright, patents, databases, trademarks...)

II. Development of software (Chapter I applied to software: own development, development by employees, consultants, suppliers...)

III. Using third party software in your own application (your rights and obligations when using third party software, cloning software...)

IV. Free and Open Source Software (your rights and obligations when using FOSS)

V. Most important contracts (How do you close a contract? What to take into account when negotiating? What contracts do exist? A guide for supplier and client.

VI. Software distribution (take care when using third parties to distribute your software)

VII. Public procurement (The government invests massively in ICT. How to find public tenders, how to participate and what are the legal pitfalls?)

VIII. Treatment of personal data (When is it allowed to treat personal data and under what conditions?)

IX. Employees and independent consultants (Can they steal your clients? Can you protect your confidential information and IP? What to take into account when employing them?)