>> law, technology, and the space between

All content by Kyle E. Mitchell, who is not your lawyer.

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Open Source

  1. Few-Maintainer Projects

  2. Renaming API Copyleft

    naming for purpose, not implementation

  3. API Copyleft 2.0.0-pre.1

    bringing the best of Parity to API Copyleft

  4. The Main Event

    Amazon versus Startups and the New York Times

  5. npm fund

    new subcommand and metadata standard

  6. Talking Points: Ethical Licenses

    collecting points and counterpoints

  7. Venture Capital Shill

    scapegoating free software’s failures

  8. MulanPSL

    a new riff on the Apache patent bargain from China

  9. Heather Meeker on “Ethos Licensing”

    free and open is ethos licensing, too

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

    similar licenses, very different receptions

  11. Love this License

    law brut with ASCII art

  12. Blue Oak Test Suite

    test cases for new public licenses

  13. Blue Oak Reading List

    reading list for lawyers new to open source

  14. Cross-License Collaboratives

    decentralizing contributor license agreements

  15. Standards, Patents, Open Source

    towards constructive collaboration across practice communities

  16. Blue Oak Guidance on Mergers and Acquisitions

    please stop paying me so much to fix reps and warranties

  17. No LICENSE

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

  18. Our Ethics, Not Yours

    in defense of Seth Vargo and morality-first licenses

  19. The Tyranny of Time

    licensing gives developers much-needed flexibility

  20. Open Core is Not a Good Story

    three better ways to express yourself and your company

  21. Open Legal Podcast?

    considering an open legal podcast

  22. Is this conference a good idea?

    forthcoming talk at a conference

  23. The Great Open Source Shake-Up

    more mandatory reading from Kate Downing

  24. Changeblog

    a few thoughts on a friend’s podcast appearance

  25. Require Credit For Your Software

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

  26. Get In, Get Out

    open source advice for new programmers breaking into the industry

  27. Dark Arts at Daybreak

    the end of club rule in open source law

  28. Operating Environment

    essential industry background for reading open software licenses

  29. SSPL Was Not Commons Clause

    how open licensing blew its biggest opportunity of the 2010s

  30. Mortarboard Licenses

    graduate to new public license terms

  31. Schools of Cohesion

    exploring the crosswise policy biases we learn from open software

  32. Tyranny of Permissionlessness

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

  33. Don’t Rely on OSI Approval

    activist approval does not track practical needs

  34. AFL-3.0 versus OSL-3.0

    a redline (diff) with important network terms highlighted

  35. #wontfix

    endorsements can’t fix the Open Source Definition

  36. Calls to Sustainability Action via package.json

    a new proposal, schema, and tools

  37. Enterprise Ready Open Software License Supplement

    the status quo, plus money for devs

  38. Stairway to Heaven

    repairing broken steps to software license Nirvana

  39. The Diachronic Treadmill License

    automatically reward supporters with copyleft exceptions

  40. License Utopia

    just four licenses for all of open source

  41. Ethical Subcommons Starter Kit

    bringing openness to software of moral concern

  42. Weak or Strong is Wrong

    towards selective or consistent copyleft

  43. Deprecation Notice: MIT and BSD

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

  44. Back to IP

    the copyright giant has a policy

  45. Indie Open Source

    developing resource for indie-ready business models

  46. Open Source Software License Reading List

    a comprehensive curriculum for new license wonks

  47. First Thoughts on the Redis Source Available License Agreement

    evident demand for license rules on API boundaries

  48. API Copyleft License 1.0.0

    first release of API-boundary copyleft form

  49. API Copyleft

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

  50. Shared Component License

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

  51. Outer Source

    open software by closed methods

  52. Apache-2.0 versus ECL-2.0

    a redline (diff) showing substantive changes

  53. Open Source is Not About You

    a minimal, functionalist view of open source

  54. Open Handicaps

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

  55. Selective Openness

    making money by choosing what to give away

  56. The Open Source Definition as Copyleft Regulation

    an in-depth review of commonly cited criteria

  57. The Copyleft Bust Up

    loopholes, licenses, and realpolitik in open source

  58. How to Speak Copyleft

    the missing vocabulary of copyleft design

  59. Elsewhere: Mapping Open Business Models

    crosspost from the License Zero blog

  60. Seeking Comment: Copyright Notice Recommendation

    first stab at a pragmatic best-practice guide

  61. Indirect Licensing

    dispensing software licenses in the Internet era

  62. Contributor Councils

    relicensing without foundation, BDFL, or unanimity

  63. Patents for Software Freedom

    gun-shy insurgents and the heavy weapons of IP law

  64. Bilking Angels

    celestial finance for earth-bound developers

  65. Crowd Hiring

    assurance contracts for short-term open software maintenance

  66. Quick Read of Tidelift’s Lifting Agreement

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

  67. Private Changes in Free Software Copyleft Licenses

    Where’s the fifth freedom?

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

    takedown power for DIY developers

  69. Unhappy Coincidences

    marriages of licensing convenience, and changed circumstances

  70. Selective Mythology

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

  71. The Posterity Public License

    a strong-attribution open source license

  72. MPL-2.0 versus OPL-2.1

    a redline (diff) showing changes

  73. I Have Another Blog

    you may want to subscribe on License Zero, too

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

    a redline (diff) showing changes

  75. CLAs are Not a Sham

    licensing with friends, improved and improving

  76. Debian Free Software Guidelines versus the Open Source Definition

    a redline (diff) showing changes

  77. Mercenary Rapport

    moral blindness in open source as social media

  78. Unsustainability at Scale

    today’s tools for yesterday’s problems tomorrow

  79. Feed this Bear

    indie coder, promote thyself!

  80. Overkill

    doing IP law wrong, and getting away with it

  81. The License Zero Manifesto

    sustainable software in the open

  82. Null Value

    against demise of the hacker public license

  83. Switchmode Developer Agreement

    an open form contract for open source contractors

  84. Open Software Service Terms

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

  85. It’s Not About Community

    another view of Open Source

  86. Open Source: Theory of Operation

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

  87. Open Source License Business Perception Report

    the pain and confusion of common open licenses, roughly quantified

  88. Against Legislating the Nonobvious

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

  89. The Mendicant Maintainerati

    no holy fools for Open Source

  90. The MIT License, Line by Line

    171 words every programmer should understand

  91. 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.

  92. License from Who?

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

  93. The Berneout Pledge

    Sucks less than CLAs!

  94. First Read: The Fair Source License

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

  95. Startup Unix

    An open legal operating system for start-up technology companies

  96. React Patent Redline

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

  97. Blind Patches

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