1. First-Rate Intelligence

    false comfort in U.S. military spending

  2. Support Funding for Cali County Law Libraries

    they’re even more important during pandemic

  3. You Can Still Use the Software

    Justin Colannino on what’s up with new software licenses

  4. Zebra G-750 First Look

    a long-awaited pen arrives on US shores

  5. Flat Forms

    plain language should come in plain pieces

  6. Templating for Lawyers

    learn computer templateering in five minutes flat

  7. Seven Ways to Say “Inequality”

    a short study in the rhetoric of policy

  8. It’s a Trap

    avoid legal structures designed to constrain you

  9. The Origin of the “MIT License”

    how did those famous terms come about?

  10. Cross License Foundations

    decentralized stewardship of collaborative projects

  11. Code Credit License 1.0.0

    a code-for-credit software license

  12. Open Licensing Attacks on Specific Business Models

    an incomplete list

  13. Compliance Industrial Pulpit

    someone tell the enterprise about Open Source 2.0

  14. Where are the Goalposts?

    in response to Luis Villa on SSPL and OSI

  15. The Chalkeaters’ License

    effective folk licensing in the wild

  16. Waypoint Turns Two

    stop wasting time on nondisclosure agreements

  17. Platform Neutrality

    we used to have a principle for this

  18. Square One

    fair terms. free forms. back to work.

  19. Reading AGPL

    a guided introduction for first-timers

  20. Open Source is Discrimination

    that’s the point, or at least it used to be

  21. Righteous, Expedient, Wrong

    OSI swings at Elastic, misses, and leaves a mess

  22. Water Manifolds

    hydrant-based access for the homeless of the Tenderloin

  23. ml5.js Takes a Stand

    a code of conduct with teeth, in the wild

  24. We Are All Internet Realists Now

    web exceptionalism swings both ways

  25. Fake Neutrality

    have it your way ‘til they can afford to have it theirs

  26. The Tension

    panning for hope in a very angry America

  27. Printing Booklets

    less paper, easier reading

  28. No War on Coronavirus

    remembering the other way to see our problems

  29. Lies My Law School Told Me

    in praise of bad propaganda

  30. Don’t Pitch Lawyers

    pitch clients

  31. Deprogramming the Programmer

    throw off your jargon and be free

  32. Authority and Expertise

    digging up the land mines of attorney-client relations

  33. Survive America

    prepping for the obvious

  34. The Future of the Internet

    thanks for letting us know

  35. The War on License Notices

    managing uncertainty at the fringes of open licensing

  36. Don’t Sign Blank Checks

    a problem of pattern recognition

  37. Judicial Website, No Money Down

    sustainability, government style

  38. Water Team on The Oaklandside

    local news org covers water access proposals

  39. Electric, Light, Organized

    flameless light and power stopgaps for the homeless

  40. EBMUD for All

    open letter for homeless access to water

  41. Work Made for Hire … or Not

    one source of complexity in intellectual property terms

  42. Let’s Not All Read Terms of Service

    common quips on website terms miss the point

  43. You Have to Build a Time Machine

    Eventbrite falls into the terms of service trap

  44. How Congress Sees Open Source

    a view from outside

  45. Signing by E-Mail

    a writing is a writing is a writing

  46. Speedier Git for Text File Tracking

    streamlining for small, fast commits to personal records

  47. Doormat 1e

    free no-log, no-track privacy policy

  48. DMCASimple 1e

    another new first edition and website

  49. Turnstile 1e

    first edition and new website

  50. Copyright Notices Begone

    pointless costs of ancient licenses

  51. From Justice With Love

    the antitrust division groks open source strategy

  52. Communes to Cooperatives

    musings of a Drop City scholar

  53. Public Domain Appendix

    public license for From Dictatorship to Democracy

  54. Mix Many Metaphors

    analogies galore in Oracle v. Google oral argument

  55. Oracle v. Google Oral Argument

    major league copyright lawyering at bat

  56. The Ethical Consequences of Our Collective Activities

    professional ethics as the missing root of entitlement?

  57. California Welfare and Institutions Code 17000

    on the books since 1965

  58. Son of Water Boy

    latest lessons and tips

  59. Security Services Terms

    giving a specialized field its due

  60. Types of Lawyers

    major food groups for clients

  61. Amateur Open Econ Toolkit

    compendium of concepts, theories, and theorists

  62. Not the Type

    tech exceptionalism in limp words and phrases

  63. Working in Public

    now comes the coder-celebrity

  64. Connecticut’s Police Bill

    first-read highlights

  65. Water Boy

    working up a playbook for supplying urban campers

  66. A Modest Trademark Proposal

    banish them from permissive open source

  67. In Praise of Juanito Rus

    recognizing professionalism in local public service

  68. Colorado’s Police Reform Law

    first-read highlights

  69. Expert Failure

    lawyers learning from scientists

  70. Programmer Power

    prying open “software freedom”

  71. Threat Rhetoric

    narrative error in policing

  72. Police Qualified Immunity Reading

    recommended overview and primary sources

  73. No Justice

    facing the mirror in a time of inequality

  74. PolyForm Defensive is Now PolyForm Shield

    feedback strikes again

  75. Anything to Everyone

    “defund the police” through the lens of “open source”

  76. Narrative Error

    that’s my hero story, and I’m sticking to it

  77. Acceptable Use

    different delivery, same rules

  78. Facing the Choir

    reading and hearing American police unions

  79. Free & Open Picture Book

    a conundrum in four panels

  80. Normally Open & Normally Closed

    simple templates for restricted terms

  81. Oakland Police Commission

    money, gas, rubber, and “fuck”

  82. DMSimple

    plain and simple DMCA safe harbor terms

  83. The March in Oakland

    a flyover, firsthand account of rally and march

  84. Round Robin 1.0.0

    ready for the field

  85. Round Robin License

    new name, new terms, same great idea

  86. Protestant Work Product

    recognizing overwork in the field

  87. Turnstile

    springboard website terms of service

  88. Progressive Standardization

    standardized contracting can also be flexible

  89. PolyForm Noncompete Licenses

    two new, long-awaited forms

  90. Springboard Agreements

    putting a name to a tool

  91. Lawyerization

    vocabulary for lawyer involvement and influence

  92. “Open Source” Is Nobody’s Property

    if OSI owned it, they wouldn’t be so touchy about it

  93. Two Tiny Web Apps

    long-serving micro-groupware

  94. Name this Contract Type

    agreements incorporating all their terms by reference

  95. Allowable Tolerances

    law can learn a lot from the trades

  96. Antidote

    critical and alternative views on free and open source software

  97. Pay-Per-Law, Inc.

    the glory and agony of Georgia v. Public Resource

  98. Neighbor Meals

    ground game for safer group takeout

  99. redline.commonform.org

    compare Common Form markup online

  100. Common-Pool Pushovers

    Elinor Ostrom without boundaries

  101. edit.commonform.org

    try Common Form’s editing tools online

  102. Common Form, Simplified

    publish, share, save our souls

  103. Locked-In Customers Anonymous

    stop buying software from assholes

  104. No Thanks

    software freedom without programmers

  105. Site of Shame

    if you can’t negotiate, castigate?

  106. The Tote Bag

    remembering the Great Recession

  107. Do Not Track or Do Not Sell

    conflict or convenience?

  108. Open COVID Pledge

    public licensing for pandemic response

  109. Noncompete By Two Other Names

    Why are the last PolyForm licenses taking so long?

  110. Sharetribe Community Public License 1.0, Line by Line

    another everything-but-SaaS license

  111. Intelligent Perception

    low bow to the legal laity

  112. Take the Money and Run

    if you’re not hurting, try helping

  113. CERN OHL-S 2.0, Line by Line

    the open share-alike hardware license we actually need now?

  114. Section 1106 (Loan Forgiveness) of the CARES Act

    formatted, linked, and linkable

  115. Medtronic’s PB560 Ventilator License, Line by Line

    medical device company devises copyleft license

  116. Physician Orders for Life-Sustaining Treatment

    Californians probably can’t do advance directives right now, but that’s likely not what they need

  117. Against Legal Technology

    beyond the latest office software

  118. Open Source for Business 3e

    new edition of an oft-recommended book

  119. Subscribe by E-Mail

    another way to see new posts

  120. Sustain Podcast

    business models, licenses, role playing

  121. Not Those Dreams

    Nintendo purges Mario from Dreams

  122. California Medical Directives at Home

    Can we get our end-of-life wishes down without breaking health orders?

  123. Medical Advance Directives Working Group

    looking for lawyers, translators, and editors

  124. notlegaladvice.law

    shareable explainer page

  125. Blue Is Blue

    a strange thing about learned language

  126. World Tour Canceled

    mouse best plans, but what ado now?

  127. Name Calling Isn’t Precise

    “neo-closed” will come and go

  128. Terms of Service, Take Two

    shorter, higher-level, more fun

  129. Foreign Virus

    another good excuse to order in Chinese

  130. Terms of Service, Take One

    reviewing the terms you’ve already agreed to

  131. Copyleft Has No Posse

    war is over, want it or not

  132. Short Spiel on Legal Tech

    law’s retrograde rep is more about tech than law

  133. Dreams Creates a Commons?

    a video game for making video games

  134. Not Not Political

    if software matters, it’s already political

  135. This Mess We’re In

    ethics, open source, and free riding

  136. Skimming Hippocratic License Version 2.0

    text and quick thoughts

  137. Untangling Tech Merit and Tech Privilege

    section 230 is but one kind of subsidy

  138. More Accessible

    small tweaks to better accommodate readers

  139. Data Under Universal Share-Alike

    limits on effective data copyleft

  140. Reduce, Reuse, Reconsider

    if you wish to make a great hacker from scratch, let them reimplement the universe

  141. Patent Potato

    the game that never ends

  142. Scratch Other People’s Itches

    achieve more meaning and feel less alone

  143. Copyleft Should be Scary

    if the virus wasn’t scary, would we wash out hands?

  144. Portland Trip Confirmed

    February 23 to February 29

  145. Open Source Should Come With Warranties

    (from the companies who use it)

  146. CCPA Service Provider Addendum

    plain, minimal form

  147. What did I just agree to?

    Marc Jones on oddities in OSI-approved licenses

  148. Luis Villa’s Licensing Year in Review

    harassment made the list, and should have

  149. Portland in February

    See you there?

  150. Few-Maintainer Projects

    reality-driven expectations

  151. Renaming API Copyleft

    naming for purpose, not implementation

  152. Starting Noncommercial

    famous projects that started noncommercial

  153. API Copyleft 2.0.0-pre.1

    bringing the best of Parity to API Copyleft

  154. Video Footnotes

    one-way video as hackable interactive medium

  155. The Main Event

    Amazon versus Startups and the New York Times

  156. The Doorway NDA

    lawyers earning their stereotypes

  157. Paste Your Terms Into Your E-Mails

    why don’t we do the obvious thing?

  158. Teach Everyone to Be Like Us

    Moxie Marlinspike, wiser than he may have known

  159. git push is the Process

    permissionless license development now

  160. Big Time Public License

    a noncommercial, small-biz license with a big-biz fair terms guarantee

  161. Rakow 2019

    score one, illegal art people

  162. Correct and Intuitive Fairness

    How can a license say what “fair” is ahead of time?

  163. I Am Not Advising Legally

    smart people don’t understand lawyers’ disclaimers

  164. A Fistful of Services

    my go-to web applications and utilities

  165. TNR12 and Be There

    learning from others

  166. npm fund

    new subcommand and metadata standard

  167. Talking Points: Ethical Licenses

    collecting points and counterpoints

  168. Reading the WeAllJS Code of Conduct

    line-by-line and off-the-cuff

  169. XML versus JSON

    key quote form a great paper

  170. Universal Share-Alike License

    copyleft across different kinds of work

  171. Venture Capital Shill

    scapegoating free software’s failures

  172. Nomadic Lawyering

    office out, travel in?

  173. MulanPSL

    a new riff on the Apache patent bargain from China

  174. Heather Meeker on “Ethos Licensing”

    free and open is ethos licensing, too

  175. “BSD with PATENTS” and “BSD-2-Clause Plus Patent” are Not the Same

    similar licenses, very different receptions

  176. Love this License

    law brut with ASCII art

  177. Blue Oak Guide to Copyleft

    short introduction and license families

  178. Waypoint Trademark

    protecting the integrity of a standard form

  179. CASE Act Flythrough

    notes from a quick read of H.R. 2426

  180. Blue Oak Test Suite

    test cases for new public licenses

  181. Blue Oak Reading List

    reading list for lawyers new to open source

  182. XLC Building Blocks

    essential concepts and vocabulary for cross-license collaboratives

  183. Cross-License Collaboratives

    decentralizing contributor license agreements

  184. Standards, Patents, Open Source

    towards constructive collaboration across practice communities

  185. Blue Oak Guidance on Mergers and Acquisitions

    please stop paying me so much to fix reps and warranties

  186. No LICENSE

    they won’t see your funding plea if they never look

  187. Our Ethics, Not Yours

    in defense of Seth Vargo and morality-first licenses

  188. The Tyranny of Time

    licensing gives developers much-needed flexibility

  189. Open Core is Not a Good Story

    three better ways to express yourself and your company

  190. Open Legal Podcast?

    considering an open legal podcast

  191. Is this conference a good idea?

    forthcoming talk at a conference

  192. The Great Open Source Shake-Up

    more mandatory reading from Kate Downing

  193. Here Comes the CCPA

    my annotated copy of the statute

  194. Waypoint 2.0.0

    a more adaptable, international standard

  195. Changeblog

    a few thoughts on a friend’s podcast appearance

  196. Require Credit For Your Software

    a general-purpose legal tool to require credit for open work

  197. Waypoint Abroad

    seeking quick reads from non-US counsel

  198. PANDA for Privacy

    the NDA for your personal information

  199. PolyForm 1.0.0

    standard noncommercial software licenses at last

  200. Heather Meeker on Patent Risk Allocation

    unique compilation of arguments and dynamics

  201. Get In, Get Out

    open source advice for new programmers breaking into the industry

  202. Help Take the Waypoint NDA International

    a call for help from common-law colleagues

  203. Open Letters

    a snail mail experiment

  204. A Twit No More

    farewell, Twitter

  205. Dark Arts at Daybreak

    the end of club rule in open source law

  206. Operating Environment

    essential industry background for reading open software licenses

  207. SSPL Was Not Commons Clause

    how open licensing blew its biggest opportunity of the 2010s

  208. PolyForm Project

    simple, standard, plain-language software licenses

  209. Mortarboard Licenses

    graduate to new public license terms

  210. Schools of Cohesion

    exploring the crosswise policy biases we learn from open software

  211. Prone Blogging Setup

    how to type when the pain puts you on your back

  212. Tyranny of Permissionlessness

    open source’s narrow focus further empowers those with other ways to exclude

  213. Don’t Rely on OSI Approval

    activist approval does not track practical needs

  214. AFL-3.0 versus OSL-3.0

    a redline (diff) with important network terms highlighted

  215. The Waypoint NDA

    stop wasting time on NDAs

  216. #wontfix

    endorsements can’t fix the Open Source Definition

  217. Calls to Sustainability Action via package.json

    a new proposal, schema, and tools

  218. Enterprise Ready Open Software License Supplement

    the status quo, plus money for devs

  219. Stairway to Heaven

    repairing broken steps to software license Nirvana

  220. The Diachronic Treadmill License

    automatically reward supporters with copyleft exceptions

  221. License Utopia

    just four licenses for all of open source

  222. Ethical Subcommons Starter Kit

    bringing openness to software of moral concern

  223. Weak or Strong is Wrong

    towards selective or consistent copyleft

  224. Deprecation Notice: MIT and BSD

    it’s time to retire thirty-year-old academic licenses

  225. Blue Oak Council

    opening the software commons to everyone

  226. Back to IP

    the copyright giant has a policy

  227. Indie Open Source

    developing resource for indie-ready business models

  228. Open Source Software License Reading List

    a comprehensive curriculum for new license wonks

  229. First Thoughts on the Redis Source Available License Agreement

    evident demand for license rules on API boundaries

  230. API Copyleft License 1.0.0

    first release of API-boundary copyleft form

  231. API Copyleft

    functionality, interfaces, and line drawing in a new copyleft paradigm

  232. Critique This License

    developing a standard paid-software license

  233. Shared Component License

    first shot at a short, plain license in the vein of Mongo’s SSPL

  234. Outer Source

    open software by closed methods

  235. The Discipline of Stated Purpose

    write out the purposes of legal terms in contracts

  236. Availability Dashboard

    professional availability now online

  237. Apache-2.0 versus ECL-2.0

    a redline (diff) showing substantive changes

  238. Open Source is Not About You

    a minimal, functionalist view of open source

  239. Open Handicaps

    Did permissive used to advantage open work like copyleft does today?

  240. Selective Openness

    making money by choosing what to give away

  241. The Open Source Definition as Copyleft Regulation

    an in-depth review of commonly cited criteria

  242. The Copyleft Bust Up

    loopholes, licenses, and realpolitik in open source

  243. How to Speak Copyleft

    the missing vocabulary of copyleft design

  244. Elsewhere: Mapping Open Business Models

    crosspost from the License Zero blog

  245. Seeking Comment: Copyright Notice Recommendation

    first stab at a pragmatic best-practice guide

  246. A Canting Tribe Are We

    attacking the NDA problem with standards networks

  247. Indirect Licensing

    dispensing software licenses in the Internet era

  248. Contributor Councils

    relicensing without foundation, BDFL, or unanimity

  249. Motorcycles in the Wind

    do not do or die

  250. Patents for Software Freedom

    gun-shy insurgents and the heavy weapons of IP law

  251. Bilking Angels

    celestial finance for earth-bound developers

  252. Crowd Hiring

    assurance contracts for short-term open software maintenance

  253. Quick Read of Tidelift’s Lifting Agreement

    nits picked in the developer terms for a new pay-the-devs company

  254. Private Changes in Free Software Copyleft Licenses

    Where’s the fifth freedom?

  255. Enforce Open Source Licenses with the Digital Millennium Copyright Act

    takedown power for DIY developers

  256. Unhappy Coincidences

    marriages of licensing convenience, and changed circumstances

  257. Selective Mythology

    defining open source for fun and profit, in the shadow of the enterprise

  258. Attending LegalHackers Summit

  259. The Decentralization Game

    tips for values-forward reformers

  260. The Posterity Public License

    a strong-attribution open source license

  261. Interviewed on Open Source and Money

    TechCrunch article on problems and solutions

  262. Digging Contracts Out of the Hole

    simple tools for drafting to be proud of

  263. California Work Made for Hire Statutes

    work made for hire contracts can make contractors employees for state employment insurance purposes

  264. Plain GDPR Processor Addendum

    open form plain-language processor addendum

  265. Plain Terms of Service

    open form terms of service for websites

  266. Proseline

    peer to peer prose editing

  267. Six Great Deals Books

    read these books

  268. Public Domain Chronicle

    a fast, easy, and free way to secure scientific methods and findings for the public domain

  269. Help Wanted

    kinds of help I could use

  270. Transparent Contract Components

    sharper tools, finer toolmarks

  271. MPL-2.0 versus OPL-2.1

    a redline (diff) showing changes

  272. Lexical Scope for Contracts

    wandering ever closer to LISP

  273. I Have Another Blog

    you may want to subscribe on License Zero, too

  274. Licence Libre du Québec – Réciprocité versus - Réciprocité forte

    a redline (diff) showing changes

  275. CLAs are Not a Sham

    licensing with friends, improved and improving

  276. The Well Appointed Skinner Box

    farewell, Medium

  277. Contract Components

    fine-grained means of abstraction in legal drafting

  278. Debian Free Software Guidelines versus the Open Source Definition

    a redline (diff) showing changes

  279. Mercenary Rapport

    moral blindness in open source as social media

  280. Unsustainability at Scale

    today’s tools for yesterday’s problems tomorrow

  281. Feed this Bear

    indie coder, promote thyself!

  282. Overkill

    doing IP law wrong, and getting away with it

  283. The License Zero Manifesto

    sustainable software in the open

  284. Prescription Contracts

    thinking about direct lawyer guidance on rxnda.com

  285. Null Value

    against demise of the hacker public license

  286. Nobody’s Clients

  287. RxNDA.com

    breaking the NDA logjam

  288. Seven Takeaways from the SEC DAO Report

    reading the tea leaves of the Commission’s first major ICO report

  289. Switchmode Developer Agreement

    an open form contract for open source contractors

  290. Open Software Service Terms

    legal terms for paid web apps, now available in the English language

  291. It’s Not About Community

    another view of Open Source

  292. Open Source: Theory of Operation

    a short, practical guide to open source software for programmers at work

  293. Debian 8.7 on Dell Optiplex 7010

  294. Open Source License Business Perception Report

    the pain and confusion of common open licenses, roughly quantified

  295. Against Legislating the Nonobvious

    short-order feedback on the default contributor license in GitHub’s draft terms of service

  296. The Mendicant Maintainerati

    no holy fools for Open Source

  297. The MIT License, Line by Line

    171 words every programmer should understand

  298. The Earl of Ethereum’s Case

    Who keeps a blockchain’s conscience?

  299. Deal Mechanic

    The writing on the door.

  300. Emancipation by Reference

    I am just a copy of a copy of a copy. Everything I say you have read before.

  301. Node.js Streams

    fundamental abstractions reviewed and revisited

  302. IP Field Guide

    publicly licensed, publicly available intro for non-lawyers

  303. The JavaScript Joke Was on Me

    or, a few things learned the hard way

  304. Circulation Policy

    Confidentiality rules and procedures for the great Common Form library in the sky

  305. Annotations in Context

    A first attempt at useful, responsible Common Form annotations

  306. I Don’t Want to Know What “Open Source” Means

    I am he as you are he as you are me and we are all on GitHub.

  307. License from Who?

    Safe open-source licensing means more than a LICENSE file.

  308. The Triplebyte Plan

    The tangled web of one start-up equity plan

  309. The Berneout Pledge

    Sucks less than CLAs!

  310. First Read: The Fair Source License

    Text and my first thoughts on a new, non-open source form license

  311. I’ll Never Be a Super Lawyer

    In feigned ignorance there is no grace.

  312. Startup Unix

    An open legal operating system for start-up technology companies

  313. What Enumeration Means

    Enumeration is an essential contract drafting tool. Don’t disclaim it!

  314. Template Ambiguity

    Document assembly can make ambiguity even harder to spot.

  315. The Blanks Problem

    A tough Common Form design decision explained.

  316. Term Injection

    Fighting insertion of unexpected terms in automated form contracts

  317. React Patent Redline

    Changes to Facebook’s patent grant for React, Flux, Immutable, &c.

  318. Certificated Assent

    How signed is signed enough for a hosted software licensing deal?

  319. Hacking Common Form

    Overview of existing Common Form software for programmers

  320. Terms of Service; Already Read

    Verifiable contracts should help consumers, too.

  321. Reproduction of Hierarchy

    Markdown isn’t great for contracts. HTML5 is better.

  322. Index Card Contracts

    Common Form for paper people

  323. Grab-Bag Contracts

    Might we write contracts like we fill shopping bags at the grocery store?

  324. Named Provisions

    If contract section numbers are just another namespace, can they be replaced with defined terms?

  325. vesting.js

    From code to law and back again

  326. Blind Patches

    What if open-source contributors could submit patches anonymously and choose to claim credit later?

  327. Modularity is not the Law

    Ancient and modern principles of contract interpretation work against contracts made of modular parts

  328. The Halliburton Hypothesis

    Quantifying the negotiating process to mount attacks on the confidentiality of a public contract forms repository

  329. Value Statement

    as found at the feet of my bills

  330. FTC 2014 Year in Review

    What do the FTC’s 2014 privacy and security enforcement actions teach tech companies?

  331. Common Form

    Composable, verifiable, shareable form contracts for the modern practice of law

  332. deflect.js

    An ECMAScript module fusing Node.js error-first convention with continuation passing style, plus a twist to make composed stacks of asynchronous functions dynamic

  333. Deep Data Privacy Risk

    Cheap storage technology isn’t just changing what information we store; it’s also changing how we store familiar kinds of information. Both developments have implications for privacy.