1. Copyright Notices Begone

    pointless costs of ancient licenses

  2. From Justice With Love

    the antitrust division groks open source strategy

  3. Communes to Cooperatives

    musings of a Drop City scholar

  4. Public Domain Appendix

    public license for From Dictatorship to Democracy

  5. Mix Many Metaphors

    analogies galore in Oracle v. Google oral argument

  6. Oracle v. Google Oral Argument

    major league copyright lawyering at bat

  7. The Ethical Consequences of Our Collective Activities

    professional ethics as the missing root of entitlement?

  8. California Welfare and Institutions Code 17000

    on the books since 1965

  9. Son of Water Boy

    latest lessons and tips

  10. Security Services Terms

    giving a specialized field its due

  11. Types of Lawyers

    major food groups for clients

  12. Amateur Open Econ Toolkit

    compendium of concepts, theories, and theorists

  13. Not the Type

    tech exceptionalism in limp words and phrases

  14. Working in Public

    now comes the coder-celebrity

  15. Connecticut’s Police Bill

    first-read highlights

  16. Water Boy

    working up a playbook for supplying urban campers

  17. A Modest Trademark Proposal

    banish them from permissive open source

  18. In Praise of Juanito Rus

    recognizing professionalism in local public service

  19. Colorado’s Police Reform Law

    first-read highlights

  20. Expert Failure

    lawyers learning from scientists

  21. Programmer Power

    prying open “software freedom”

  22. Threat Rhetoric

    narrative error in policing

  23. Police Qualified Immunity Reading

    recommended overview and primary sources

  24. No Justice

    facing the mirror in a time of inequality

  25. PolyForm Defensive is Now PolyForm Shield

    feedback strikes again

  26. Anything to Everyone

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

  27. Narrative Error

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

  28. Acceptable Use

    different delivery, same rules

  29. Facing the Choir

    reading and hearing American police unions

  30. Free & Open Picture Book

    a conundrum in four panels

  31. Normally Open & Normally Closed

    simple templates for restricted terms

  32. Oakland Police Commission

    money, gas, rubber, and “fuck”

  33. DMSimple

    plain and simple DMCA safe harbor terms

  34. The March in Oakland

    a flyover, firsthand account of rally and march

  35. Round Robin 1.0.0

    ready for the field

  36. Round Robin License

    new name, new terms, same great idea

  37. Protestant Work Product

    recognizing overwork in the field

  38. Turnstile

    springboard website terms of service

  39. Progressive Standardization

    standarized contracting can also be flexible

  40. PolyForm Noncompete Licenses

    two new, long-awaited forms

  41. Springboard Agreements

    putting a name to a tool

  42. Lawyerization

    vocabulary for lawyer involvement and influence

  43. “Open Source” Is Nobody’s Property

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

  44. Two Tiny Web Apps

    long-serving micro-groupware

  45. Name this Contract Type

    agreements incorporating all their terms by reference

  46. Allowable Tolerances

    law can learn a lot from the trades

  47. Antidote

    critical and alternative views on free and open source software

  48. Pay-Per-Law, Inc.

    the glory and agony of Georgia v. Public Resource

  49. Neighbor Meals

    ground game for safer group takeout

  50. redline.commonform.org

    compare Common Form markup online

  51. Common-Pool Pushovers

    Elinor Ostrom without boundaries

  52. edit.commonform.org

    try Common Form’s editing tools online

  53. Common Form, Simplified

    publish, share, save our souls

  54. Locked-In Customers Anonymous

    stop buying software from assholes

  55. No Thanks

    software freedom without programmers

  56. Site of Shame

    if you can’t negotiate, castigate?

  57. The Tote Bag

    remembering the Great Recession

  58. Do Not Track or Do Not Sell

    conflict or convenience?

  59. Open COVID Pledge

    public licensing for pandemic response

  60. Noncompete By Two Other Names

    Why are the last PolyForm licenses taking so long?

  61. Sharetribe Community Public License 1.0, Line by Line

    another everything-but-SaaS license

  62. Intelligent Perception

    low bow to the legal laity

  63. Take the Money and Run

    if you’re not hurting, try helping

  64. CERN OHL-S 2.0, Line by Line

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

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

    formatted, linked, and linkable

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

    medical device company devises copyleft license

  67. Physician Orders for Life-Sustaining Treatment

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

  68. Against Legal Technology

    beyond the latest office software

  69. Open Source for Business 3e

    new edition of an oft-recommended book

  70. Subscribe by E-Mail

    another way to see new posts

  71. Sustain Podcast

    business models, licenses, role playing

  72. Not Those Dreams

    Nintendo purges Mario from Dreams

  73. California Medical Directives at Home

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

  74. Medical Advance Directives Working Group

    looking for lawyers, translators, and editors

  75. notlegaladvice.law

    shareable explainer page

  76. Blue Is Blue

    a strange thing about learned language

  77. World Tour Canceled

    mouse best plans, but what ado now?

  78. Name Calling Isn’t Precise

    “neo-closed” will come and go

  79. Terms of Service, Take Two

    shorter, higher-level, more fun

  80. Foreign Virus

    another good excuse to order in Chinese

  81. Terms of Service, Take One

    reviewing the terms you’ve already agreed to

  82. Copyleft Has No Posse

    war is over, want it or not

  83. Short Spiel on Legal Tech

    law’s retrograde rep is more about tech than law

  84. Dreams Creates a Commons?

    a video game for making video games

  85. Not Not Political

    if software matters, it’s already political

  86. This Mess We’re In

    ethics, open source, and free riding

  87. Skimming Hippocratic License Version 2.0

    text and quick thoughts

  88. Untangling Tech Merit and Tech Privilege

    section 230 is but one kind of subsidy

  89. More Accessible

    small tweaks to better accommodate readers

  90. Data Under Universal Share-Alike

    limits on effective data copyleft

  91. Reduce, Reuse, Reconsider

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

  92. Patent Potato

    the game that never ends

  93. Scratch Other People’s Itches

    achieve more meaning and feel less alone

  94. Copyleft Should be Scary

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

  95. Portland Trip Confirmed

    February 23 to February 29

  96. Open Source Should Come With Warranties

    (from the companies who use it)

  97. CCPA Service Provider Addendum

    plain, minimal form

  98. What did I just agree to?

    Marc Jones on oddities in OSI-approved licenses

  99. Luis Villa’s Licensing Year in Review

    harassment made the list, and should have

  100. Portland in February

    See you there?

  101. Few-Maintainer Projects

    reality-driven expectations

  102. Renaming API Copyleft

    naming for purpose, not implementation

  103. Starting Noncommercial

    famous projects that started noncommercial

  104. API Copyleft 2.0.0-pre.1

    bringing the best of Parity to API Copyleft

  105. Video Footnotes

    one-way video as hackable interactive medium

  106. The Main Event

    Amazon versus Startups and the New York Times

  107. The Doorway NDA

    lawyers earning their stereotypes

  108. Paste Your Terms Into Your E-Mails

    why don’t we do the obvious thing?

  109. Teach Everyone to Be Like Us

    Moxie Marlinspike, wiser than he may have known

  110. git push is the Process

    permissionless license development now

  111. Big Time Public License

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

  112. Rakow 2019

    score one, illegal art people

  113. Correct and Intuitive Fairness

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

  114. I Am Not Advising Legally

    smart people don’t understand lawyers’ disclaimers

  115. A Fistful of Services

    my go-to web applications and utilities

  116. TNR12 and Be There

    learning from others

  117. npm fund

    new subcommand and metadata standard

  118. Talking Points: Ethical Licenses

    collecting points and counterpoints

  119. Reading the WeAllJS Code of Conduct

    line-by-line and off-the-cuff

  120. XML versus JSON

    key quote form a great paper

  121. Universal Share-Alike License

    copyleft across different kinds of work

  122. Venture Capital Shill

    scapegoating free software’s failures

  123. Nomadic Lawyering

    office out, travel in?

  124. MulanPSL

    a new riff on the Apache patent bargain from China

  125. Heather Meeker on “Ethos Licensing”

    free and open is ethos licensing, too

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

    similar licenses, very different receptions

  127. Love this License

    law brut with ASCII art

  128. Blue Oak Guide to Copyleft

    short introduction and license families

  129. Waypoint Trademark

    protecting the integrity of a standard form

  130. CASE Act Flythrough

    notes from a quick read of H.R. 2426

  131. Blue Oak Test Suite

    test cases for new public licenses

  132. Blue Oak Reading List

    reading list for lawyers new to open source

  133. XLC Building Blocks

    essential concepts and vocabulary for cross-license collaboratives

  134. Cross-License Collaboratives

    decentralizing contributor license agreements

  135. Standards, Patents, Open Source

    towards constructive collaboration across practice communities

  136. Blue Oak Guidance on Mergers and Acquisitions

    please stop paying me so much to fix reps and warranties

  137. No LICENSE

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

  138. Our Ethics, Not Yours

    in defense of Seth Vargo and morality-first licenses

  139. The Tyranny of Time

    licensing gives developers much-needed flexibility

  140. Open Core is Not a Good Story

    three better ways to express yourself and your company

  141. Open Legal Podcast?

    considering an open legal podcast

  142. Is this conference a good idea?

    forthcoming talk at a conference

  143. The Great Open Source Shake-Up

    more mandatory reading from Kate Downing

  144. Here Comes the CCPA

    my annotated copy of the statute

  145. Waypoint 2.0.0

    a more adaptable, international standard

  146. Changeblog

    a few thoughts on a friend’s podcast appearance

  147. Require Credit For Your Software

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

  148. Waypoint Abroad

    seeking quick reads from non-US counsel

  149. PANDA for Privacy

    the NDA for your personal information

  150. PolyForm 1.0.0

    standard noncommercial software licenses at last

  151. Heather Meeker on Patent Risk Allocation

    unique compilation of arguments and dynamics

  152. Get In, Get Out

    open source advice for new programmers breaking into the industry

  153. Help Take the Waypoint NDA International

    a call for help from common-law colleagues

  154. Open Letters

    a snail mail experiment

  155. A Twit No More

    farewell, Twitter

  156. Dark Arts at Daybreak

    the end of club rule in open source law

  157. Operating Environment

    essential industry background for reading open software licenses

  158. SSPL Was Not Commons Clause

    how open licensing blew its biggest opportunity of the 2010s

  159. PolyForm Project

    simple, standard, plain-language software licenses

  160. Mortarboard Licenses

    graduate to new public license terms

  161. Schools of Cohesion

    exploring the crosswise policy biases we learn from open software

  162. Prone Blogging Setup

    how to type when the pain puts you on your back

  163. Tyranny of Permissionlessness

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

  164. Don’t Rely on OSI Approval

    activist approval does not track practical needs

  165. AFL-3.0 versus OSL-3.0

    a redline (diff) with important network terms highlighted

  166. The Waypoint NDA

    stop wasting time on NDAs

  167. #wontfix

    endorsements can’t fix the Open Source Definition

  168. Calls to Sustainability Action via package.json

    a new proposal, schema, and tools

  169. Enterprise Ready Open Software License Supplement

    the status quo, plus money for devs

  170. Stairway to Heaven

    repairing broken steps to software license Nirvana

  171. The Diachronic Treadmill License

    automatically reward supporters with copyleft exceptions

  172. License Utopia

    just four licenses for all of open source

  173. Ethical Subcommons Starter Kit

    bringing openness to software of moral concern

  174. Weak or Strong is Wrong

    towards selective or consistent copyleft

  175. Deprecation Notice: MIT and BSD

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

  176. Blue Oak Council

    opening the software commons to everyone

  177. Back to IP

    the copyright giant has a policy

  178. Indie Open Source

    developing resource for indie-ready business models

  179. Open Source Software License Reading List

    a comprehensive curriculum for new license wonks

  180. First Thoughts on the Redis Source Available License Agreement

    evident demand for license rules on API boundaries

  181. API Copyleft License 1.0.0

    first release of API-boundary copyleft form

  182. API Copyleft

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

  183. Critique This License

    developing a standard paid-software license

  184. Shared Component License

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

  185. Outer Source

    open software by closed methods

  186. The Discipline of Stated Purpose

    write out the purposes of legal terms in contracts

  187. Availability Dashboard

    professional availability now online

  188. Apache-2.0 versus ECL-2.0

    a redline (diff) showing substantive changes

  189. Open Source is Not About You

    a minimal, functionalist view of open source

  190. Open Handicaps

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

  191. Selective Openness

    making money by choosing what to give away

  192. The Open Source Definition as Copyleft Regulation

    an in-depth review of commonly cited criteria

  193. The Copyleft Bust Up

    loopholes, licenses, and realpolitik in open source

  194. How to Speak Copyleft

    the missing vocabulary of copyleft design

  195. Elsewhere: Mapping Open Business Models

    crosspost from the License Zero blog

  196. Seeking Comment: Copyright Notice Recommendation

    first stab at a pragmatic best-practice guide

  197. A Canting Tribe Are We

    attacking the NDA problem with standards networks

  198. Indirect Licensing

    dispensing software licenses in the Internet era

  199. Contributor Councils

    relicensing without foundation, BDFL, or unanimity

  200. Motorcycles in the Wind

    do not do or die

  201. Patents for Software Freedom

    gun-shy insurgents and the heavy weapons of IP law

  202. Bilking Angels

    celestial finance for earth-bound developers

  203. Crowd Hiring

    assurance contracts for short-term open software maintenance

  204. Quick Read of Tidelift’s Lifting Agreement

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

  205. Private Changes in Free Software Copyleft Licenses

    Where’s the fifth freedom?

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

    takedown power for DIY developers

  207. Unhappy Coincidences

    marriages of licensing convenience, and changed circumstances

  208. Selective Mythology

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

  209. Attending LegalHackers Summit

  210. The Decentralization Game

    tips for values-forward reformers

  211. The Posterity Public License

    a strong-attribution open source license

  212. Interviewed on Open Source and Money

    TechCrunch article on problems and solutions

  213. Digging Contracts Out of the Hole

    simple tools for drafting to be proud of

  214. California Work Made for Hire Statutes

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

  215. Plain GDPR Processor Addendum

    open form plain-language processor addendum

  216. Plain Terms of Service

    open form terms of service for websites

  217. Proseline

    peer to peer prose editing

  218. Six Great Deals Books

    read these books

  219. Public Domain Chronicle

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

  220. Help Wanted

    kinds of help I could use

  221. Transparent Contract Components

    sharper tools, finer toolmarks

  222. MPL-2.0 versus OPL-2.1

    a redline (diff) showing changes

  223. Lexical Scope for Contracts

    wandering ever closer to LISP

  224. I Have Another Blog

    you may want to subscribe on License Zero, too

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

    a redline (diff) showing changes

  226. CLAs are Not a Sham

    licensing with friends, improved and improving

  227. The Well Appointed Skinner Box

    farewell, Medium

  228. Contract Components

    fine-grained means of abstraction in legal drafting

  229. Debian Free Software Guidelines versus the Open Source Definition

    a redline (diff) showing changes

  230. Mercenary Rapport

    moral blindness in open source as social media

  231. Unsustainability at Scale

    today’s tools for yesterday’s problems tomorrow

  232. Feed this Bear

    indie coder, promote thyself!

  233. Overkill

    doing IP law wrong, and getting away with it

  234. The License Zero Manifesto

    sustainable software in the open

  235. Prescription Contracts

    thinking about direct lawyer guidance on rxnda.com

  236. Null Value

    against demise of the hacker public license

  237. Nobody’s Clients

  238. RxNDA.com

    breaking the NDA logjam

  239. Seven Takeaways from the SEC DAO Report

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

  240. Switchmode Developer Agreement

    an open form contract for open source contractors

  241. Open Software Service Terms

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

  242. It’s Not About Community

    another view of Open Source

  243. Open Source: Theory of Operation

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

  244. Debian 8.7 on Dell Optiplex 7010

  245. Open Source License Business Perception Report

    the pain and confusion of common open licenses, roughly quantified

  246. Against Legislating the Nonobvious

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

  247. The Mendicant Maintainerati

    no holy fools for Open Source

  248. The MIT License, Line by Line

    171 words every programmer should understand

  249. The Earl of Ethereum’s Case

    Who keeps a blockchain’s conscience?

  250. Deal Mechanic

    The writing on the door.

  251. Emancipation by Reference

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

  252. Node.js Streams

    fundamental abstractions reviewed and revisited

  253. IP Field Guide

    publicly licensed, publicly available intro for non-lawyers

  254. The JavaScript Joke Was on Me

    or, a few things learned the hard way

  255. Circulation Policy

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

  256. Annotations in Context

    A first attempt at useful, responsible Common Form annotations

  257. 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.

  258. License from Who?

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

  259. The Triplebyte Plan

    The tangled web of one start-up equity plan

  260. The Berneout Pledge

    Sucks less than CLAs!

  261. First Read: The Fair Source License

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

  262. I’ll Never Be a Super Lawyer

    In feigned ignorance there is no grace.

  263. Startup Unix

    An open legal operating system for start-up technology companies

  264. What Enumeration Means

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

  265. Template Ambiguity

    Document assembly can make ambiguity even harder to spot.

  266. The Blanks Problem

    A tough Common Form design decision explained.

  267. Term Injection

    Fighting insertion of unexpected terms in automated form contracts

  268. React Patent Redline

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

  269. Certificated Assent

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

  270. Hacking Common Form

    Overview of existing Common Form software for programmers

  271. Terms of Service; Already Read

    Verifiable contracts should help consumers, too.

  272. Reproduction of Hierarchy

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

  273. Index Card Contracts

    Common Form for paper people

  274. Grab-Bag Contracts

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

  275. Named Provisions

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

  276. vesting.js

    From code to law and back again

  277. Blind Patches

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

  278. Modularity is not the Law

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

  279. The Halliburton Hypothesis

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

  280. Value Statement

    as found at the feet of my bills

  281. FTC 2014 Year in Review

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

  282. Common Form

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

  283. 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

  284. 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.