1. Sell Babel 8

    ask for the money you need so people can actually pay it

  2. Law Insider’s Contract Teardowns

    lawyers dissect specific contract language

  3. Days of Pain

    returning from a double bout of nerve pain

  4. Open Gaming Deja Vu

    a clear-eyed view of open from 1999

  5. First-Rate Intelligence

    false comfort in U.S. military spending

  6. Support Funding for Cali County Law Libraries

    they’re even more important during pandemic

  7. You Can Still Use the Software

    Justin Colannino on what’s up with new software licenses

  8. Zebra G-750 First Look

    a long-awaited pen arrives on US shores

  9. Flat Forms

    plain language should come in plain pieces

  10. Templating for Lawyers

    learn computer templateering in five minutes flat

  11. Seven Ways to Say “Inequality”

    a short study in the rhetoric of policy

  12. It’s a Trap

    avoid legal structures designed to constrain you

  13. The Origin of the “MIT License”

    how did those famous terms come about?

  14. Cross License Foundations

    decentralized stewardship of collaborative projects

  15. Code Credit License 1.0.0

    a code-for-credit software license

  16. Open Licensing Attacks on Specific Business Models

    an incomplete list

  17. Compliance Industrial Pulpit

    someone tell the enterprise about Open Source 2.0

  18. Where are the Goalposts?

    in response to Luis Villa on SSPL and OSI

  19. The Chalkeaters’ License

    effective folk licensing in the wild

  20. Waypoint Turns Two

    stop wasting time on nondisclosure agreements

  21. Platform Neutrality

    we used to have a principle for this

  22. Square One

    fair terms. free forms. back to work.

  23. Reading AGPL

    a guided introduction for first-timers

  24. Open Source is Discrimination

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

  25. Righteous, Expedient, Wrong

    OSI swings at Elastic, misses, and leaves a mess

  26. Water Manifolds

    hydrant-based access for the homeless of the Tenderloin

  27. ml5.js Takes a Stand

    a code of conduct with teeth, in the wild

  28. We Are All Internet Realists Now

    web exceptionalism swings both ways

  29. Fake Neutrality

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

  30. The Tension

    panning for hope in a very angry America

  31. Printing Booklets

    less paper, easier reading

  32. No War on Coronavirus

    remembering the other way to see our problems

  33. Lies My Law School Told Me

    in praise of bad propaganda

  34. Don’t Pitch Lawyers

    pitch clients

  35. Deprogramming the Programmer

    throw off your jargon and be free

  36. Authority and Expertise

    digging up the land mines of attorney-client relations

  37. Survive America

    prepping for the obvious

  38. The Future of the Internet

    thanks for letting us know

  39. The War on License Notices

    managing uncertainty at the fringes of open licensing

  40. Don’t Sign Blank Checks

    a problem of pattern recognition

  41. Judicial Website, No Money Down

    sustainability, government style

  42. Water Team on The Oaklandside

    local news org covers water access proposals

  43. Electric, Light, Organized

    flameless light and power stopgaps for the homeless

  44. EBMUD for All

    open letter for homeless access to water

  45. Work Made for Hire … or Not

    one source of complexity in intellectual property terms

  46. Let’s Not All Read Terms of Service

    common quips on website terms miss the point

  47. You Have to Build a Time Machine

    Eventbrite falls into the terms of service trap

  48. How Congress Sees Open Source

    a view from outside

  49. Signing by E-Mail

    a writing is a writing is a writing

  50. Speedier Git for Text File Tracking

    streamlining for small, fast commits to personal records

  51. Doormat 1e

    free no-log, no-track privacy policy

  52. DMCASimple 1e

    another new first edition and website

  53. Turnstile 1e

    first edition and new website

  54. Copyright Notices Begone

    pointless costs of ancient licenses

  55. From Justice With Love

    the antitrust division groks open source strategy

  56. Communes to Cooperatives

    musings of a Drop City scholar

  57. Public Domain Appendix

    public license for From Dictatorship to Democracy

  58. Mix Many Metaphors

    analogies galore in Oracle v. Google oral argument

  59. Oracle v. Google Oral Argument

    major league copyright lawyering at bat

  60. The Ethical Consequences of Our Collective Activities

    professional ethics as the missing root of entitlement?

  61. California Welfare and Institutions Code 17000

    on the books since 1965

  62. Son of Water Boy

    latest lessons and tips

  63. Security Services Terms

    giving a specialized field its due

  64. Types of Lawyers

    major food groups for clients

  65. Amateur Open Econ Toolkit

    compendium of concepts, theories, and theorists

  66. Not the Type

    tech exceptionalism in limp words and phrases

  67. Working in Public

    now comes the coder-celebrity

  68. Connecticut’s Police Bill

    first-read highlights

  69. Water Boy

    working up a playbook for supplying urban campers

  70. A Modest Trademark Proposal

    banish them from permissive open source

  71. In Praise of Juanito Rus

    recognizing professionalism in local public service

  72. Colorado’s Police Reform Law

    first-read highlights

  73. Expert Failure

    lawyers learning from scientists

  74. Programmer Power

    prying open “software freedom”

  75. Threat Rhetoric

    narrative error in policing

  76. Police Qualified Immunity Reading

    recommended overview and primary sources

  77. No Justice

    facing the mirror in a time of inequality

  78. PolyForm Defensive is Now PolyForm Shield

    feedback strikes again

  79. Anything to Everyone

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

  80. Narrative Error

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

  81. Acceptable Use

    different delivery, same rules

  82. Facing the Choir

    reading and hearing American police unions

  83. Free & Open Picture Book

    a conundrum in four panels

  84. Normally Open & Normally Closed

    simple templates for restricted terms

  85. Oakland Police Commission

    money, gas, rubber, and “fuck”

  86. DMSimple

    plain and simple DMCA safe harbor terms

  87. The March in Oakland

    a flyover, firsthand account of rally and march

  88. Round Robin 1.0.0

    ready for the field

  89. Round Robin License

    new name, new terms, same great idea

  90. Protestant Work Product

    recognizing overwork in the field

  91. Turnstile

    springboard website terms of service

  92. Progressive Standardization

    standardized contracting can also be flexible

  93. PolyForm Noncompete Licenses

    two new, long-awaited forms

  94. Springboard Agreements

    putting a name to a tool

  95. Lawyerization

    vocabulary for lawyer involvement and influence

  96. “Open Source” Is Nobody’s Property

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

  97. Two Tiny Web Apps

    long-serving micro-groupware

  98. Name this Contract Type

    agreements incorporating all their terms by reference

  99. Allowable Tolerances

    law can learn a lot from the trades

  100. Antidote

    critical and alternative views on free and open source software

  101. Pay-Per-Law, Inc.

    the glory and agony of Georgia v. Public Resource

  102. Neighbor Meals

    ground game for safer group takeout

  103. redline.commonform.org

    compare Common Form markup online

  104. Common-Pool Pushovers

    Elinor Ostrom without boundaries

  105. edit.commonform.org

    try Common Form’s editing tools online

  106. Common Form, Simplified

    publish, share, save our souls

  107. Locked-In Customers Anonymous

    stop buying software from assholes

  108. No Thanks

    software freedom without programmers

  109. Site of Shame

    if you can’t negotiate, castigate?

  110. The Tote Bag

    remembering the Great Recession

  111. Do Not Track or Do Not Sell

    conflict or convenience?

  112. Open COVID Pledge

    public licensing for pandemic response

  113. Noncompete By Two Other Names

    Why are the last PolyForm licenses taking so long?

  114. Sharetribe Community Public License 1.0, Line by Line

    another everything-but-SaaS license

  115. Intelligent Perception

    low bow to the legal laity

  116. Take the Money and Run

    if you’re not hurting, try helping

  117. CERN OHL-S 2.0, Line by Line

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

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

    formatted, linked, and linkable

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

    medical device company devises copyleft license

  120. Physician Orders for Life-Sustaining Treatment

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

  121. Against Legal Technology

    beyond the latest office software

  122. Open Source for Business 3e

    new edition of an oft-recommended book

  123. Subscribe by E-Mail

    another way to see new posts

  124. Sustain Podcast

    business models, licenses, role playing

  125. Not Those Dreams

    Nintendo purges Mario from Dreams

  126. California Medical Directives at Home

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

  127. Medical Advance Directives Working Group

    looking for lawyers, translators, and editors

  128. notlegaladvice.law

    shareable explainer page

  129. Blue Is Blue

    a strange thing about learned language

  130. World Tour Canceled

    mouse best plans, but what ado now?

  131. Name Calling Isn’t Precise

    “neo-closed” will come and go

  132. Terms of Service, Take Two

    shorter, higher-level, more fun

  133. Foreign Virus

    another good excuse to order in Chinese

  134. Terms of Service, Take One

    reviewing the terms you’ve already agreed to

  135. Copyleft Has No Posse

    war is over, want it or not

  136. Short Spiel on Legal Tech

    law’s retrograde rep is more about tech than law

  137. Dreams Creates a Commons?

    a video game for making video games

  138. Not Not Political

    if software matters, it’s already political

  139. This Mess We’re In

    ethics, open source, and free riding

  140. Skimming Hippocratic License Version 2.0

    text and quick thoughts

  141. Untangling Tech Merit and Tech Privilege

    section 230 is but one kind of subsidy

  142. More Accessible

    small tweaks to better accommodate readers

  143. Data Under Universal Share-Alike

    limits on effective data copyleft

  144. Reduce, Reuse, Reconsider

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

  145. Patent Potato

    the game that never ends

  146. Scratch Other People’s Itches

    achieve more meaning and feel less alone

  147. Copyleft Should be Scary

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

  148. Portland Trip Confirmed

    February 23 to February 29

  149. Open Source Should Come With Warranties

    (from the companies who use it)

  150. CCPA Service Provider Addendum

    plain, minimal form

  151. What did I just agree to?

    Marc Jones on oddities in OSI-approved licenses

  152. Luis Villa’s Licensing Year in Review

    harassment made the list, and should have

  153. Portland in February

    See you there?

  154. Few-Maintainer Projects

    reality-driven expectations

  155. Renaming API Copyleft

    naming for purpose, not implementation

  156. Starting Noncommercial

    famous projects that started noncommercial

  157. API Copyleft 2.0.0-pre.1

    bringing the best of Parity to API Copyleft

  158. Video Footnotes

    one-way video as hackable interactive medium

  159. The Main Event

    Amazon versus Startups and the New York Times

  160. The Doorway NDA

    lawyers earning their stereotypes

  161. Paste Your Terms Into Your E-Mails

    why don’t we do the obvious thing?

  162. Teach Everyone to Be Like Us

    Moxie Marlinspike, wiser than he may have known

  163. git push is the Process

    permissionless license development now

  164. Big Time Public License

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

  165. Rakow 2019

    score one, illegal art people

  166. Correct and Intuitive Fairness

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

  167. I Am Not Advising Legally

    smart people don’t understand lawyers’ disclaimers

  168. A Fistful of Services

    my go-to web applications and utilities

  169. TNR12 and Be There

    learning from others

  170. npm fund

    new subcommand and metadata standard

  171. Talking Points: Ethical Licenses

    collecting points and counterpoints

  172. Reading the WeAllJS Code of Conduct

    line-by-line and off-the-cuff

  173. XML versus JSON

    key quote form a great paper

  174. Universal Share-Alike License

    copyleft across different kinds of work

  175. Venture Capital Shill

    scapegoating free software’s failures

  176. Nomadic Lawyering

    office out, travel in?

  177. MulanPSL

    a new riff on the Apache patent bargain from China

  178. Heather Meeker on “Ethos Licensing”

    free and open is ethos licensing, too

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

    similar licenses, very different receptions

  180. Love this License

    law brut with ASCII art

  181. Blue Oak Guide to Copyleft

    short introduction and license families

  182. Waypoint Trademark

    protecting the integrity of a standard form

  183. CASE Act Flythrough

    notes from a quick read of H.R. 2426

  184. Blue Oak Test Suite

    test cases for new public licenses

  185. Blue Oak Reading List

    reading list for lawyers new to open source

  186. XLC Building Blocks

    essential concepts and vocabulary for cross-license collaboratives

  187. Cross-License Collaboratives

    decentralizing contributor license agreements

  188. Standards, Patents, Open Source

    towards constructive collaboration across practice communities

  189. Blue Oak Guidance on Mergers and Acquisitions

    please stop paying me so much to fix reps and warranties

  190. No LICENSE

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

  191. Our Ethics, Not Yours

    in defense of Seth Vargo and morality-first licenses

  192. The Tyranny of Time

    licensing gives developers much-needed flexibility

  193. Open Core is Not a Good Story

    three better ways to express yourself and your company

  194. Open Legal Podcast?

    considering an open legal podcast

  195. Is this conference a good idea?

    forthcoming talk at a conference

  196. The Great Open Source Shake-Up

    more mandatory reading from Kate Downing

  197. Here Comes the CCPA

    my annotated copy of the statute

  198. Waypoint 2.0.0

    a more adaptable, international standard

  199. Changeblog

    a few thoughts on a friend’s podcast appearance

  200. Require Credit For Your Software

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

  201. Waypoint Abroad

    seeking quick reads from non-US counsel

  202. PANDA for Privacy

    the NDA for your personal information

  203. PolyForm 1.0.0

    standard noncommercial software licenses at last

  204. Heather Meeker on Patent Risk Allocation

    unique compilation of arguments and dynamics

  205. Get In, Get Out

    open source advice for new programmers breaking into the industry

  206. Help Take the Waypoint NDA International

    a call for help from common-law colleagues

  207. Open Letters

    a snail mail experiment

  208. A Twit No More

    farewell, Twitter

  209. Dark Arts at Daybreak

    the end of club rule in open source law

  210. Operating Environment

    essential industry background for reading open software licenses

  211. SSPL Was Not Commons Clause

    how open licensing blew its biggest opportunity of the 2010s

  212. PolyForm Project

    simple, standard, plain-language software licenses

  213. Mortarboard Licenses

    graduate to new public license terms

  214. Schools of Cohesion

    exploring the crosswise policy biases we learn from open software

  215. Prone Blogging Setup

    how to type when the pain puts you on your back

  216. Tyranny of Permissionlessness

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

  217. Don’t Rely on OSI Approval

    activist approval does not track practical needs

  218. AFL-3.0 versus OSL-3.0

    a redline (diff) with important network terms highlighted

  219. The Waypoint NDA

    stop wasting time on NDAs

  220. #wontfix

    endorsements can’t fix the Open Source Definition

  221. Calls to Sustainability Action via package.json

    a new proposal, schema, and tools

  222. Enterprise Ready Open Software License Supplement

    the status quo, plus money for devs

  223. Stairway to Heaven

    repairing broken steps to software license Nirvana

  224. The Diachronic Treadmill License

    automatically reward supporters with copyleft exceptions

  225. License Utopia

    just four licenses for all of open source

  226. Ethical Subcommons Starter Kit

    bringing openness to software of moral concern

  227. Weak or Strong is Wrong

    towards selective or consistent copyleft

  228. Deprecation Notice: MIT and BSD

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

  229. Blue Oak Council

    opening the software commons to everyone

  230. Back to IP

    the copyright giant has a policy

  231. Indie Open Source

    developing resource for indie-ready business models

  232. Open Source Software License Reading List

    a comprehensive curriculum for new license wonks

  233. First Thoughts on the Redis Source Available License Agreement

    evident demand for license rules on API boundaries

  234. API Copyleft License 1.0.0

    first release of API-boundary copyleft form

  235. API Copyleft

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

  236. Critique This License

    developing a standard paid-software license

  237. Shared Component License

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

  238. Outer Source

    open software by closed methods

  239. The Discipline of Stated Purpose

    write out the purposes of legal terms in contracts

  240. Availability Dashboard

    professional availability now online

  241. Apache-2.0 versus ECL-2.0

    a redline (diff) showing substantive changes

  242. Open Source is Not About You

    a minimal, functionalist view of open source

  243. Open Handicaps

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

  244. Selective Openness

    making money by choosing what to give away

  245. The Open Source Definition as Copyleft Regulation

    an in-depth review of commonly cited criteria

  246. The Copyleft Bust Up

    loopholes, licenses, and realpolitik in open source

  247. How to Speak Copyleft

    the missing vocabulary of copyleft design

  248. Elsewhere: Mapping Open Business Models

    crosspost from the License Zero blog

  249. Seeking Comment: Copyright Notice Recommendation

    first stab at a pragmatic best-practice guide

  250. A Canting Tribe Are We

    attacking the NDA problem with standards networks

  251. Indirect Licensing

    dispensing software licenses in the Internet era

  252. Contributor Councils

    relicensing without foundation, BDFL, or unanimity

  253. Motorcycles in the Wind

    do not do or die

  254. Patents for Software Freedom

    gun-shy insurgents and the heavy weapons of IP law

  255. Bilking Angels

    celestial finance for earth-bound developers

  256. Crowd Hiring

    assurance contracts for short-term open software maintenance

  257. Quick Read of Tidelift’s Lifting Agreement

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

  258. Private Changes in Free Software Copyleft Licenses

    Where’s the fifth freedom?

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

    takedown power for DIY developers

  260. Unhappy Coincidences

    marriages of licensing convenience, and changed circumstances

  261. Selective Mythology

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

  262. Attending LegalHackers Summit

  263. The Decentralization Game

    tips for values-forward reformers

  264. The Posterity Public License

    a strong-attribution open source license

  265. Interviewed on Open Source and Money

    TechCrunch article on problems and solutions

  266. Digging Contracts Out of the Hole

    simple tools for drafting to be proud of

  267. California Work Made for Hire Statutes

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

  268. Plain GDPR Processor Addendum

    open form plain-language processor addendum

  269. Plain Terms of Service

    open form terms of service for websites

  270. Proseline

    peer to peer prose editing

  271. Six Great Deals Books

    read these books

  272. Public Domain Chronicle

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

  273. Help Wanted

    kinds of help I could use

  274. Transparent Contract Components

    sharper tools, finer toolmarks

  275. MPL-2.0 versus OPL-2.1

    a redline (diff) showing changes

  276. Lexical Scope for Contracts

    wandering ever closer to LISP

  277. I Have Another Blog

    you may want to subscribe on License Zero, too

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

    a redline (diff) showing changes

  279. CLAs are Not a Sham

    licensing with friends, improved and improving

  280. The Well Appointed Skinner Box

    farewell, Medium

  281. Contract Components

    fine-grained means of abstraction in legal drafting

  282. Debian Free Software Guidelines versus the Open Source Definition

    a redline (diff) showing changes

  283. Mercenary Rapport

    moral blindness in open source as social media

  284. Unsustainability at Scale

    today’s tools for yesterday’s problems tomorrow

  285. Feed this Bear

    indie coder, promote thyself!

  286. Overkill

    doing IP law wrong, and getting away with it

  287. The License Zero Manifesto

    sustainable software in the open

  288. Prescription Contracts

    thinking about direct lawyer guidance on rxnda.com

  289. Null Value

    against demise of the hacker public license

  290. Nobody’s Clients

  291. RxNDA.com

    breaking the NDA logjam

  292. Seven Takeaways from the SEC DAO Report

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

  293. Switchmode Developer Agreement

    an open form contract for open source contractors

  294. Open Software Service Terms

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

  295. It’s Not About Community

    another view of Open Source

  296. Open Source: Theory of Operation

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

  297. Debian 8.7 on Dell Optiplex 7010

  298. Open Source License Business Perception Report

    the pain and confusion of common open licenses, roughly quantified

  299. Against Legislating the Nonobvious

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

  300. The Mendicant Maintainerati

    no holy fools for Open Source

  301. The MIT License, Line by Line

    171 words every programmer should understand

  302. The Earl of Ethereum’s Case

    Who keeps a blockchain’s conscience?

  303. Deal Mechanic

    The writing on the door.

  304. Emancipation by Reference

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

  305. Node.js Streams

    fundamental abstractions reviewed and revisited

  306. IP Field Guide

    publicly licensed, publicly available intro for non-lawyers

  307. The JavaScript Joke Was on Me

    or, a few things learned the hard way

  308. Circulation Policy

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

  309. Annotations in Context

    A first attempt at useful, responsible Common Form annotations

  310. 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.

  311. License from Who?

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

  312. The Triplebyte Plan

    The tangled web of one start-up equity plan

  313. The Berneout Pledge

    Sucks less than CLAs!

  314. First Read: The Fair Source License

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

  315. I’ll Never Be a Super Lawyer

    In feigned ignorance there is no grace.

  316. Startup Unix

    An open legal operating system for start-up technology companies

  317. What Enumeration Means

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

  318. Template Ambiguity

    Document assembly can make ambiguity even harder to spot.

  319. The Blanks Problem

    A tough Common Form design decision explained.

  320. Term Injection

    Fighting insertion of unexpected terms in automated form contracts

  321. React Patent Redline

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

  322. Certificated Assent

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

  323. Hacking Common Form

    Overview of existing Common Form software for programmers

  324. Terms of Service; Already Read

    Verifiable contracts should help consumers, too.

  325. Reproduction of Hierarchy

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

  326. Index Card Contracts

    Common Form for paper people

  327. Grab-Bag Contracts

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

  328. Named Provisions

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

  329. vesting.js

    From code to law and back again

  330. Blind Patches

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

  331. Modularity is not the Law

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

  332. The Halliburton Hypothesis

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

  333. Value Statement

    as found at the feet of my bills

  334. FTC 2014 Year in Review

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

  335. Common Form

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

  336. 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

  337. 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.