Open Source Licenses: Source Code and the Legal Code

Among the objectives for the new Linux Professional Institute (LPI) Open Source Essentials certificate, the candidate has to deal with legal aspects of developing and using open source software in a professional environment. These aspects include license compliance, legal compliance, asset protection, privacy law, and more. In this article, Andrea Palumbo, lawyer, helps us understand more about those topics.

The emerging prominence of open source software development in the 1990s heralded a paradigm shift across the computing spectrum, profoundly affecting coders, vendors, and legal regulators alike. This revolution extended beyond mere coding practices to challenge and redefine the traditional commercial and legal frameworks of software distribution. Open source licenses, as legal instruments, emerged as pivotal in governing the use, modification, and sharing of software. Such licenses underlie the infrastructure of today’s digital services, from cloud computing solutions to essential daily applications. This evolution signifies the crucial role of open-source software in laying the foundational elements of our modern digital ecosystem, making it a subject of both technological and legal significance.

Until the late 1980s, the market was dominated by a proprietary approach, with the application of so-called closed source licenses to most software, and where free software licenses represented more of a beautiful dream than a real alternative (with a few but significant exceptions). The advent of open source software changed the rules of the game.

The new legal approach that emerged in the software development scene, which by the dawn of the new millennium had established itself as a concrete reality, was primarily the assertion of a principle: that the writing, dissemination, modification, and reuse of code should be subject to rules that are not exclusively protective. Instead, these rules should allow access and utilization by others, ensuring that the benefit derived by the public (and the author themselves) from the sharing of creative works not be hindered. This concept challenges traditional views on intellectual property rights.

The era of Free Culture, as defined by Lawrence Lessig, begins here – at least regarding software. This concept promotes a “free culture” that:

“…supports and protects creators and innovators. It does this directly by granting intellectual property rights. But it does so indirectly by limiting the reach of those rights, to guarantee that follow-on creators and innovators remain as free as possible from the control of the past. A free culture is not a culture without property, just as a free market is not a market in which everything is free.” [Lawrence Lessig, Free Culture, Penguin Press, New York, 2004, p. 5.]

Free and open source licenses serve as the legal framework enabling the adaptation of law to meet the evolving demands of technology and culture. These licenses facilitate the sharing, modification, and distribution of software code, aligning with the shifting paradigms in technology use and development. Understanding the intricacies of these licenses is crucial, as they dictate how software can be used, shared, and built upon, ensuring that the legal code supports the dynamic nature of software creation and innovation.

The Significance of Open Source Licenses for Software Developers and Their Managers

While the genesis of the open source movement and the consequent development of its licenses are well documented, it’s more complex to elucidate how the rules governing the use, distribution, and modification of software are linked to software development. Open source licensing rules should be well-understood and should inform the decisions of creators throughout all stages of coding and designing software services.

Some might suggest that licenses are merely legal formalities to be addressed by legal experts after the main development process. Yet this perspective overlooks the profound impact of legal frameworks on technological development and innovation. Open source licenses exemplify the fusion of legal and technical domains, making decisions about code accessibility and collaborative conditions integral to the development cycle. These licenses highlight the essential role of legal considerations in technological advancements, refuting the notion of a divide between legal obligations and technical endeavors. Open source licensing demands that developers consider legal implications from the outset, ensuring that their decisions on sharing and improving code align with broader legal and ethical standards. The impact of the licenses underscores the intertwined nature of law and technology in fostering innovation.

Software developers must also know whether the code they modify or reuse, or the libraries they integrate into their services, can be freely used. Restrictions in the license could impose limitations on their software. These limitations can range from a simple obligation to credit the original author to more stringent restrictions on redistribution, such as those imposed by GPL licenses. Developers must also consider if the license they want to apply to their software is compatible with the original software’s license and if they wish to release their software under a dual licensing model.

Hence, this decision is not merely a legal one, but also involves business model choices, technical decisions, and ethical considerations.

What Aspects Commonly Govern Open Source Licenses, and Why You Should Study Them

The landscape of Open Source licenses is diverse and extensive, ranging from “strong copyleft” licenses like GPL to “weak copyleft” ones such as LGPL and MPL, and even “permissive” licenses like BSD or Apache 2.0. Each of these licenses governs differently and to varying degrees the rights of the public to:

• View the software’s source code
• Use the software’s source code
• Modify and create derivative works from the software’s source code
• Distribute and share of the software’s source code, both in its original version and in derived works

These rights are complex for both the original author and those of derivative works to manage. However, this cannot be an excuse for failing to understand them.

In the constantly evolving digital realm, the decision-making process on software licensing must include the programmers themselves, as legal considerations increasingly influence software development. This mutual impact underscores the necessity of understanding and integrating legal frameworks from the inception of coding to avoid market disadvantages.

Read More: Roles in Open Source: Bringing Order to the Chaos

Source: lpi.org

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Roles in Open Source: Bringing Order to the Chaos

By nature, software developers – and especially open source software developers – tend to value their independence. And like all of us, they each have opinions about how things should be done. So dealing with disagreements can be all part of the fun when it comes to managing community projects.

Carefully designing a healthy and intelligent organizational structure can sometimes keep a lid on the bubbling chaos. Clear rules and policies help to establish unambiguous expectations for how the project operates and how contributions are managed. Intelligent rules can help to define the project’s governance structure, including how decisions are made, who has decision-making authority, and how conflicts are resolved.

Wherever possible, open source project managers should seek to create a friendly and accommodating environment for their volunteers. One unfortunate example that illustrates this point involves a recent decision made by a major player in the open source world. The organization changed the open source license governing code contributions to an important project, and also introduced a new Contributor License Agreement (CLA). Some of the most important contributors were deeply upset by the move and cut ties with the parent organization, causing some harm to the overall project. I don’t have an opinion over who was right here and whether the dispute could have been prevented, but I do use that particular software nearly every day, so I care deeply about the project.

A large open source project is a community effort. This won’t be the product of just a single individual and, in most cases, there won’t be a company with all its resources to fill any holes. Instead, the responsibility for making sure things get done will be distributed across the entire group. But that’ll require some serious collaboration. The first thing is to be aware of the various roles you’ll need to fill:

Project leads are typically appointed or elected by the community to lead a particular project or set of projects. They’re responsible for guiding the project’s direction and ensuring that it stays on track. They work closely with contributors to ensure that the project meets its goals and objectives. The project lead is the one who is ultimately responsible for just about everything, including tasks like planning and roadmapping, community building, coding, but tracking, and code review.

Benevolent dictators are typically the founders or original creators of an open source project. They’re responsible for making the final decisions about the project’s direction and ensuring that it stays true to its original vision.

Developers are responsible for writing, testing, and maintaining the code. They may work on specific features or modules, fix bugs, and provide code reviews.

Release managers are responsible for coordinating the release of a software product or service. They manage the release process, communicate with stakeholders, manage risks and issues, and ensure that the product meets the required quality standards.

Designers are responsible for creating the user interface and user experience of the project. They may work on the project’s branding, design assets, and visual design elements.

Testers…well, testers test the code to ensure that it is free of bugs and works as intended. They may write test cases, perform manual or automated testing, and report any issues to the development team.

Technical writers create and maintain documentation for the project. This can include user guides, developer documentation, and other resources that help users and contributors understand how to use the project.

Community managers build and manage the community around the project. This can include responding to questions and feedback from users, organizing events and meetups, and facilitating communication between contributors.

Translators are responsible for translating the project resources into different languages. This can include the user interface and documentation, which in technical projects normally start out in English.

Finally, your users – and particularly those who engage with your product with particular enthusiasm – will also play important roles. Besides potentially contributing useful ideas for new features, they’re the ones who encounter bugs in your release, and you’ll want to make it as easy as possible for them to report them.

In addition, some users may decide to fork (or copy) your project and use the code to build something new and different. You might (or might not) appreciate the competition, but that’s how open source works.

Like any large and complex endeavor, open source projects require serious planning, good communication, and a cooperative spirit. One excellent place to begin your planning is with the LPI Open Source Essentials certificate curriculum. Having created a book and course covering the cert, I can tell you that the content you’ll need to pass the exam is nicely aligned with exactly the skills you’ll need to succeed with your open source project.

Source: lpi.org

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The Big Open Source Vision at Schleswig-Holstein

A German state made big news recently by announcing that it was shifting to an open source strategy. Press releases focused on the decision of Schleswig-Holstein’s management to replace Microsoft Office with LibreOffice, the most popular open source office suite. But the strategy is much broader than that, and governments everywhere should take note of Schleswig-Holstein’s reasoning.

Schleswig-Holstein is a modest-sized state with about three million residents. Its best-known city is Lübeck, famous among literary circles as the locale of Thomas Mann’s novel Buddenbrooks.

The switch in office suites, first of all, reflects a desire to save money as well as to avoid vendor lock-in. These are common reasons for adopting free and open source software, but any organization taking such steps must learn to think in an open source manner. That’s what “digitization minister” Dirk Schrödter articulates in the press release (in German) posted on April 3.

Schrödter recognizes the importance of open standards to facilitate communication among different groups. The money that Schleswig-Holstein hopes to save from switching to LibreOffice will go toward a strategy of digital collaboration. Further open source moves and training for staff will follow.

Schrödter’s view of open source as a transformation in how people work with technology is similar to LPI’s approach to open source as enabling and empowering the people who learn and run it.

The use of third-party online services (popularly known as “cloud” services or Software as a Service) is another worldwide trend Schrödter recognizes, and he is very alert to the privacy and data risks that the cloud involves. He plans to adopt cloud services run on open source software, intending to make sure that data privacy is protected.

Following the move to LibreOffice, Schrödter intends a much bigger transition away from Microsoft Windows to GNU/Linux. The city of Munich initiated such a move two decades ago, and they ran into enormous opposition. Even though the rationale for the move was carefully researched and documented, resistance from both internal and external actors held up the move for years.

A switch to free and open source software is more than an installation and training task. Thinking collaboratively and in an open source manner behooves anyone who wants to benefit from open source. Schrödter and Schleswig-Holstein seem to have understood this, and the federal state appears to be on a path that is both innovative and sustainable.

Source: lpi.org

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Community Survey – Let Us Know What Matters to You

A new community survey from the Linux Professional Institute (LPI) is now live. We offer these surveys every 5 years, so please visit the link and help us better understand your needs and priorities.

Our goal is to continue to ensure the role of the individual in the development, adoption and professional use of open source software. To achieve this goal, LPI needs to be more driven and led by open source professionals—by the people whose skills we have certified. Results from this survey will influence the programs, benefits, and resources we offer our community members.

The survey is anonymous, responses are optional, and all data collected is subject to LPI’s Privacy Policy.

Questions cover a range of issues, including what services and training you value from LPI, what kinds of discounts and incentives we should offer, and how we can further help free and open source communities. There are also open-ended questions where you can list your concerns.

Read More: LPI Certification

Source: lpi.org

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Open Source Essentials is Essential

Over three years ago Evan Leibovitch and I started advocating for a certification that we nicknamed “BOSS: The Business of Open Source Software”.

The motivation for creating this certification was two-fold. We wanted to reach out to managers of Open Source technical people and give them a path to become members of LPI. We often found that these managers (while technically trained in other ways or not technically trained at all) made decisions that affected Open Source technical people.

From my own experience at Digital Equipment Corporation starting in 1994 there were many managers who did not understand the business model of Open Source, the many licenses, the interaction of those licenses between each other or closed source licenses, how using software from suppliers that were not under contract might affect release schedules, and any number of other things.

In addition, while some managers would send engineers to trade shows to answer customers’ questions (paying the engineers salary plus travel expenses and registration fees), fewer managers would send engineers to technical conferences and particularly ones on “free software”.

Unfortunately we also found managers who thought they understood the business of Open Source software, but were relying on information and business practices of long ago or had never really studied it.

Evan and I also identified other potential audiences for this knowledge. Intellectual Property (IP) lawyers, salespeople, HR people, marketing people, and even other people involved with closed source software. There was, and is, a lot of misinformation out there.

Evan and I felt very strongly about this certification and eventually we made the case to the Board of LPI and the staff.

The staff felt that we should develop a certificate first, to bring the concepts to as many people as possible, particularly since much of the information is slower changing than a technical certification. A certificate, with its lifetime viability, was a much better value proposition to the holder. Over time LPI might develop a more in-depth certification.

So LPI developed the “Open Source Essentials” program. As with all of our other “essentials”, we will publish the list of objectives and (over time) provide freely available training materials as well.

For all of the people who have tried to convince their managers about using Open Source and have encountered the manager who says “I know all I need to know about Open Source,” just show them the objectives.

Source: lpi.org

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The Ultimate Guide to Building a Successful Career with Linux Professional Institute Certification

In the rapidly evolving landscape of information technology, Linux has emerged as a pivotal platform powering a multitude of systems worldwide. With its open-source nature, flexibility, and robustness, Linux has become the backbone of modern computing infrastructure. As the demand for Linux expertise continues to soar, professionals seeking to carve a niche in the IT industry are turning to Linux Professional Institute (LPI) certification as a stepping stone towards a rewarding career.

Understanding Linux Professional Institute Certification

Linux Professional Institute (LPI) is a globally recognized organization dedicated to advancing the Linux and open-source ecosystem through professional certification and training. LPI offers a comprehensive certification program designed to validate the skills and knowledge of IT professionals in various aspects of Linux administration, system architecture, and security.

Advantages of Linux Professional Institute Certification

1. Industry Recognition and Credibility

Obtaining LPI certification not only demonstrates your proficiency in Linux systems but also serves as a badge of credibility in the eyes of employers and peers. With LPI certification, you establish yourself as a knowledgeable and skilled professional capable of tackling complex IT challenges.

2. Career Opportunities

A Linux Professional Institute certification opens doors to a wide array of career opportunities in the IT industry. From system administration and network engineering to cybersecurity and cloud computing, certified professionals are in high demand across various sectors, including technology firms, government agencies, and multinational corporations.

3. Competitive Edge

In today's competitive job market, having LPI certification sets you apart from your peers. Employers often prioritize candidates with recognized certifications, viewing them as more capable and reliable assets to their organizations. By earning LPI certification, you enhance your marketability and increase your chances of securing lucrative job offers and career advancements.

Steps to Achieve LPI Certification Success

1. Comprehensive Exam Preparation

To excel in LPI certification exams, thorough preparation is key. Familiarize yourself with the exam objectives, study guides, and practice tests provided by LPI. Invest time in hands-on experience with Linux systems, honing your skills in installation, configuration, and troubleshooting.

2. Enroll in Training Courses

Consider enrolling in LPI-approved training courses offered by authorized training partners. These courses provide in-depth instruction and practical exercises tailored to help you master the required competencies for certification success. Take advantage of online resources, forums, and community support to enhance your learning experience.

3. Practice, Practice, Practice

Practice makes perfect. Dedicate ample time to hands-on practice with Linux environments, experimenting with different scenarios and configurations. Set up virtual labs or utilize cloud-based platforms to simulate real-world environments and refine your skills. The more familiar you become with Linux systems, the more confident you'll be on exam day.

4. Stay Updated and Engaged

Keep abreast of the latest developments in the Linux ecosystem by following industry news, attending webinars, and participating in relevant forums and communities. Engage with fellow professionals, share insights, and seek advice from experienced practitioners. Continuous learning and collaboration are essential for staying relevant and competitive in the ever-evolving IT landscape.

Conclusion

Embarking on a Linux Professional Institute certification journey can be a transformative experience, propelling your career to new heights and unlocking a world of opportunities in the dynamic field of information technology. By leveraging the resources and guidance provided by LPI, along with your dedication and perseverance, you can pave the way for a successful and fulfilling career as a Linux professional.

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