1. Connecticut’s Police Bill

    first-read highlights

  2. Water Boy

    working up a playbook for supplying urban campers

  3. A Modest Trademark Proposal

    banish them from permissive open source

  4. In Praise of Juanito Rus

    recognizing professionalism in local public service

  5. Colorado’s Police Reform Law

    first-read highlights

  6. Expert Failure

    lawyers learning from scientists

  7. Programmer Power

    prying open “software freedom”

  8. Threat Rhetoric

    narrative error in policing

  9. Police Qualified Immunity Reading

    recommended overview and primary sources

  10. No Justice

    facing the mirror in a time of inequality

  11. PolyForm Defensive is Now PolyForm Shield

    feedback strikes again

  12. Anything to Everyone

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

  13. Narrative Error

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

  14. Acceptable Use

    different delivery, same rules

  15. Facing the Choir

    reading and hearing American police unions

  16. Free & Open Picture Book

    a conundrum in four panels

  17. Normally Open & Normally Closed

    simple templates for restricted terms

  18. Oakland Police Commission

    money, gas, rubber, and “fuck”

  19. DMSimple

    plain and simple DMCA safe harbor terms

  20. The March in Oakland

    a flyover, firsthand account of rally and march

  21. Round Robin 1.0.0

    ready for the field

  22. Round Robin License

    new name, new terms, same great idea

  23. Protestant Work Product

    recognizing overwork in the field

  24. Turnstile

    springboard website terms of service

  25. Progressive Standardization

    standarized contracting can also be flexible

  26. PolyForm Noncompete Licenses

    two new, long-awaited forms

  27. Springboard Agreements

    putting a name to a tool

  28. Lawyerization

    vocabulary for lawyer involvement and influence

  29. “Open Source” Is Nobody’s Property

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

  30. Two Tiny Web Apps

    long-serving micro-groupware

  31. Name this Contract Type

    agreements incorporating all their terms by reference

  32. Allowable Tolerances

    law can learn a lot from the trades

  33. Antidote

    critical and alternative views on free and open source software

  34. Pay-Per-Law, Inc.

    the glory and agony of Georgia v. Public Resource

  35. Neighbor Meals

    ground game for safer group takeout

  36. redline.commonform.org

    compare Common Form markup online

  37. Common-Pool Pushovers

    Elinor Ostrom without boundaries

  38. edit.commonform.org

    try Common Form’s editing tools online

  39. Common Form, Simplified

    publish, share, save our souls

  40. Locked-In Customers Anonymous

    stop buying software from assholes

  41. No Thanks

    software freedom without programmers

  42. Site of Shame

    if you can’t negotiate, castigate?

  43. The Tote Bag

    remembering the Great Recession

  44. Do Not Track or Do Not Sell

    conflict or convenience?

  45. Open COVID Pledge

    public licensing for pandemic response

  46. Noncompete By Two Other Names

    Why are the last PolyForm licenses taking so long?

  47. Sharetribe Community Public License 1.0, Line by Line

    another everything-but-SaaS license

  48. Intelligent Perception

    low bow to the legal laity

  49. Take the Money and Run

    if you’re not hurting, try helping

  50. CERN OHL-S 2.0, Line by Line

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

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

    formatted, linked, and linkable

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

    medical device company devises copyleft license

  53. Physician Orders for Life-Sustaining Treatment

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

  54. Against Legal Technology

    beyond the latest office software

  55. Open Source for Business 3e

    new edition of an oft-recommended book

  56. Subscribe by E-Mail

    another way to see new posts

  57. Sustain Podcast

    business models, licenses, role playing

  58. Not Those Dreams

    Nintendo purges Mario from Dreams

  59. California Medical Directives at Home

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

  60. Medical Advance Directives Working Group

    looking for lawyers, translators, and editors

  61. notlegaladvice.law

    shareable explainer page

  62. Blue Is Blue

    a strange thing about learned language

  63. World Tour Canceled

    mouse best plans, but what ado now?

  64. Name Calling Isn’t Precise

    “neo-closed” will come and go

  65. Terms of Service, Take Two

    shorter, higher-level, more fun

  66. Foreign Virus

    another good excuse to order in Chinese

  67. Terms of Service, Take One

    reviewing the terms you’ve already agreed to

  68. Copyleft Has No Posse

    war is over, want it or not

  69. Short Spiel on Legal Tech

    law’s retrograde rep is more about tech than law

  70. Dreams Creates a Commons?

    a video game for making video games

  71. Not Not Political

    if software matters, it’s already political

  72. This Mess We’re In

    ethics, open source, and free riding

  73. Skimming Hippocratic License Version 2.0

    text and quick thoughts

  74. Untangling Tech Merit and Tech Privilege

    section 230 is but one kind of subsidy

  75. More Accessible

    small tweaks to better accommodate readers

  76. Data Under Universal Share-Alike

    limits on effective data copyleft

  77. Reduce, Reuse, Reconsider

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

  78. Patent Potato

    the game that never ends

  79. Scratch Other People’s Itches

    achieve more meaning and feel less alone

  80. Copyleft Should be Scary

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

  81. Portland Trip Confirmed

    February 23 to February 29

  82. Open Source Should Come With Warranties

    (from the companies who use it)

  83. CCPA Service Provider Addendum

    plain, minimal form

  84. What did I just agree to?

    Marc Jones on oddities in OSI-approved licenses

  85. Luis Villa’s Licensing Year in Review

    harassment made the list, and should have

  86. Portland in February

    See you there?

  87. Few-Maintainer Projects

    reality-driven expectations

  88. Renaming API Copyleft

    naming for purpose, not implementation

  89. Starting Noncommercial

    famous projects that started noncommercial

  90. API Copyleft 2.0.0-pre.1

    bringing the best of Parity to API Copyleft

  91. Video Footnotes

    one-way video as hackable interactive medium

  92. The Main Event

    Amazon versus Startups and the New York Times

  93. The Doorway NDA

    lawyers earning their stereotypes

  94. Paste Your Terms Into Your E-Mails

    why don’t we do the obvious thing?

  95. Teach Everyone to Be Like Us

    Moxie Marlinspike, wiser than he may have known

  96. git push is the Process

    permissionless license development now

  97. Big Time Public License

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

  98. Rakow 2019

    score one, illegal art people

  99. Correct and Intuitive Fairness

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

  100. I Am Not Advising Legally

    smart people don’t understand lawyers’ disclaimers

  101. A Fistful of Services

    my go-to web applications and utilities

  102. TNR12 and Be There

    learning from others

  103. npm fund

    new subcommand and metadata standard

  104. Talking Points: Ethical Licenses

    collecting points and counterpoints

  105. Reading the WeAllJS Code of Conduct

    line-by-line and off-the-cuff

  106. XML versus JSON

    key quote form a great paper

  107. Universal Share-Alike License

    copyleft across different kinds of work

  108. Venture Capital Shill

    scapegoating free software’s failures

  109. Nomadic Lawyering

    office out, travel in?

  110. MulanPSL

    a new riff on the Apache patent bargain from China

  111. Heather Meeker on “Ethos Licensing”

    free and open is ethos licensing, too

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

    similar licenses, very different receptions

  113. Love this License

    law brut with ASCII art

  114. Blue Oak Guide to Copyleft

    short introduction and license families

  115. Waypoint Trademark

    protecting the integrity of a standard form

  116. CASE Act Flythrough

    notes from a quick read of H.R. 2426

  117. Blue Oak Test Suite

    test cases for new public licenses

  118. Blue Oak Reading List

    reading list for lawyers new to open source

  119. XLC Building Blocks

    essential concepts and vocabulary for cross-license collaboratives

  120. Cross-License Collaboratives

    decentralizing contributor license agreements

  121. Standards, Patents, Open Source

    towards constructive collaboration across practice communities

  122. Blue Oak Guidance on Mergers and Acquisitions

    please stop paying me so much to fix reps and warranties

  123. No LICENSE

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

  124. Our Ethics, Not Yours

    in defense of Seth Vargo and morality-first licenses

  125. The Tyranny of Time

    licensing gives developers much-needed flexibility

  126. Open Core is Not a Good Story

    three better ways to express yourself and your company

  127. Open Legal Podcast?

    considering an open legal podcast

  128. Is this conference a good idea?

    forthcoming talk at a conference

  129. The Great Open Source Shake-Up

    more mandatory reading from Kate Downing

  130. Here Comes the CCPA

    my annotated copy of the statute

  131. Waypoint 2.0.0

    a more adaptable, international standard

  132. Changeblog

    a few thoughts on a friend’s podcast appearance

  133. Require Credit For Your Software

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

  134. Waypoint Abroad

    seeking quick reads from non-US counsel

  135. PANDA for Privacy

    the NDA for your personal information

  136. PolyForm 1.0.0

    standard noncommercial software licenses at last

  137. Heather Meeker on Patent Risk Allocation

    unique compilation of arguments and dynamics

  138. Get In, Get Out

    open source advice for new programmers breaking into the industry

  139. Help Take the Waypoint NDA International

    a call for help from common-law colleagues

  140. Open Letters

    a snail mail experiment

  141. A Twit No More

    farewell, Twitter

  142. Dark Arts at Daybreak

    the end of club rule in open source law

  143. Operating Environment

    essential industry background for reading open software licenses

  144. SSPL Was Not Commons Clause

    how open licensing blew its biggest opportunity of the 2010s

  145. PolyForm Project

    simple, standard, plain-language software licenses

  146. Mortarboard Licenses

    graduate to new public license terms

  147. Schools of Cohesion

    exploring the crosswise policy biases we learn from open software

  148. Prone Blogging Setup

    how to type when the pain puts you on your back

  149. Tyranny of Permissionlessness

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

  150. Don’t Rely on OSI Approval

    activist approval does not track practical needs

  151. AFL-3.0 versus OSL-3.0

    a redline (diff) with important network terms highlighted

  152. The Waypoint NDA

    stop wasting time on NDAs

  153. #wontfix

    endorsements can’t fix the Open Source Definition

  154. Calls to Sustainability Action via package.json

    a new proposal, schema, and tools

  155. Enterprise Ready Open Software License Supplement

    the status quo, plus money for devs

  156. Stairway to Heaven

    repairing broken steps to software license Nirvana

  157. The Diachronic Treadmill License

    automatically reward supporters with copyleft exceptions

  158. License Utopia

    just four licenses for all of open source

  159. Ethical Subcommons Starter Kit

    bringing openness to software of moral concern

  160. Weak or Strong is Wrong

    towards selective or consistent copyleft

  161. Deprecation Notice: MIT and BSD

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

  162. Blue Oak Council

    opening the software commons to everyone

  163. Back to IP

    the copyright giant has a policy

  164. Indie Open Source

    developing resource for indie-ready business models

  165. Open Source Software License Reading List

    a comprehensive curriculum for new license wonks

  166. First Thoughts on the Redis Source Available License Agreement

    evident demand for license rules on API boundaries

  167. API Copyleft License 1.0.0

    first release of API-boundary copyleft form

  168. API Copyleft

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

  169. Critique This License

    developing a standard paid-software license

  170. Shared Component License

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

  171. Outer Source

    open software by closed methods

  172. The Discipline of Stated Purpose

    write out the purposes of legal terms in contracts

  173. Availability Dashboard

    professional availability now online

  174. Apache-2.0 versus ECL-2.0

    a redline (diff) showing substantive changes

  175. Open Source is Not About You

    a minimal, functionalist view of open source

  176. Open Handicaps

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

  177. Selective Openness

    making money by choosing what to give away

  178. The Open Source Definition as Copyleft Regulation

    an in-depth review of commonly cited criteria

  179. The Copyleft Bust Up

    loopholes, licenses, and realpolitik in open source

  180. How to Speak Copyleft

    the missing vocabulary of copyleft design

  181. Elsewhere: Mapping Open Business Models

    crosspost from the License Zero blog

  182. Seeking Comment: Copyright Notice Recommendation

    first stab at a pragmatic best-practice guide

  183. A Canting Tribe Are We

    attacking the NDA problem with standards networks

  184. Indirect Licensing

    dispensing software licenses in the Internet era

  185. Contributor Councils

    relicensing without foundation, BDFL, or unanimity

  186. Motorcycles in the Wind

    do not do or die

  187. Patents for Software Freedom

    gun-shy insurgents and the heavy weapons of IP law

  188. Bilking Angels

    celestial finance for earth-bound developers

  189. Crowd Hiring

    assurance contracts for short-term open software maintenance

  190. Quick Read of Tidelift’s Lifting Agreement

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

  191. Private Changes in Free Software Copyleft Licenses

    Where’s the fifth freedom?

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

    takedown power for DIY developers

  193. Unhappy Coincidences

    marriages of licensing convenience, and changed circumstances

  194. Selective Mythology

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

  195. Attending LegalHackers Summit

  196. The Decentralization Game

    tips for values-forward reformers

  197. The Posterity Public License

    a strong-attribution open source license

  198. Interviewed on Open Source and Money

    TechCrunch article on problems and solutions

  199. Digging Contracts Out of the Hole

    simple tools for drafting to be proud of

  200. California Work Made for Hire Statutes

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

  201. Plain GDPR Processor Addendum

    open form plain-language processor addendum

  202. Plain Terms of Service

    open form terms of service for websites

  203. Proseline

    peer to peer prose editing

  204. Six Great Deals Books

    read these books

  205. Public Domain Chronicle

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

  206. Help Wanted

    kinds of help I could use

  207. Transparent Contract Components

    sharper tools, finer toolmarks

  208. MPL-2.0 versus OPL-2.1

    a redline (diff) showing changes

  209. Lexical Scope for Contracts

    wandering ever closer to LISP

  210. I Have Another Blog

    you may want to subscribe on License Zero, too

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

    a redline (diff) showing changes

  212. CLAs are Not a Sham

    licensing with friends, improved and improving

  213. The Well Appointed Skinner Box

    farewell, Medium

  214. Contract Components

    fine-grained means of abstraction in legal drafting

  215. Debian Free Software Guidelines versus the Open Source Definition

    a redline (diff) showing changes

  216. Mercenary Rapport

    moral blindness in open source as social media

  217. Unsustainability at Scale

    today’s tools for yesterday’s problems tomorrow

  218. Feed this Bear

    indie coder, promote thyself!

  219. Overkill

    doing IP law wrong, and getting away with it

  220. The License Zero Manifesto

    sustainable software in the open

  221. Prescription Contracts

    thinking about direct lawyer guidance on rxnda.com

  222. Null Value

    against demise of the hacker public license

  223. Nobody’s Clients

  224. RxNDA.com

    breaking the NDA logjam

  225. Seven Takeaways from the SEC DAO Report

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

  226. Switchmode Developer Agreement

    an open form contract for open source contractors

  227. Open Software Service Terms

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

  228. It’s Not About Community

    another view of Open Source

  229. Open Source: Theory of Operation

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

  230. Debian 8.7 on Dell Optiplex 7010

  231. Open Source License Business Perception Report

    the pain and confusion of common open licenses, roughly quantified

  232. Against Legislating the Nonobvious

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

  233. The Mendicant Maintainerati

    no holy fools for Open Source

  234. The MIT License, Line by Line

    171 words every programmer should understand

  235. The Earl of Ethereum’s Case

    Who keeps a blockchain’s conscience?

  236. Deal Mechanic

    The writing on the door.

  237. Emancipation by Reference

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

  238. Node.js Streams

    fundamental abstractions reviewed and revisited

  239. IP Field Guide

    publicly licensed, publicly available intro for non-lawyers

  240. The JavaScript Joke Was on Me

    or, a few things learned the hard way

  241. Circulation Policy

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

  242. Annotations in Context

    A first attempt at useful, responsible Common Form annotations

  243. 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.

  244. License from Who?

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

  245. The Triplebyte Plan

    The tangled web of one start-up equity plan

  246. The Berneout Pledge

    Sucks less than CLAs!

  247. First Read: The Fair Source License

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

  248. I’ll Never Be a Super Lawyer

    In feigned ignorance there is no grace.

  249. Startup Unix

    An open legal operating system for start-up technology companies

  250. What Enumeration Means

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

  251. Template Ambiguity

    Document assembly can make ambiguity even harder to spot.

  252. The Blanks Problem

    A tough Common Form design decision explained.

  253. Term Injection

    Fighting insertion of unexpected terms in automated form contracts

  254. React Patent Redline

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

  255. Certificated Assent

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

  256. Hacking Common Form

    Overview of existing Common Form software for programmers

  257. Terms of Service; Already Read

    Verifiable contracts should help consumers, too.

  258. Reproduction of Hierarchy

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

  259. Index Card Contracts

    Common Form for paper people

  260. Grab-Bag Contracts

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

  261. Named Provisions

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

  262. vesting.js

    From code to law and back again

  263. Blind Patches

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

  264. Modularity is not the Law

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

  265. The Halliburton Hypothesis

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

  266. Value Statement

    as found at the feet of my bills

  267. FTC 2014 Year in Review

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

  268. Common Form

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

  269. 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

  270. 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.