>> law, technology, and the space between

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

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Open Source

  1. npm fund

    new subcommand and metadata standard

  2. Talking Points: Ethical Licenses

    collecting points and counterpoints

  3. Venture Capital Shill

    scapegoating free software’s failures

  4. MulanPSL

    a new riff on the Apache patent bargain from China

  5. Heather Meeker on “Ethos Licensing”

    free and open is ethos licensing, too

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

    similar licenses, very different receptions

  7. Love this License

    law brut with ASCII art

  8. Blue Oak Test Suite

    test cases for new public licenses

  9. Blue Oak Reading List

    reading list for lawyers new to open source

  10. Cross-License Collaboratives

    decentralizing contributor license agreements

  11. Standards, Patents, Open Source

    towards constructive collaboration across practice communities

  12. Blue Oak Guidance on Mergers and Acquisitions

    please stop paying me so much to fix reps and warranties

  13. No LICENSE

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

  14. Our Ethics, Not Yours

    in defense of Seth Vargo and morality-first licenses

  15. The Tyranny of Time

    licensing gives developers much-needed flexibility

  16. Open Core is Not a Good Story

    three better ways to express yourself and your company

  17. Open Legal Podcast?

    considering an open legal podcast

  18. Is this conference a good idea?

    forthcoming talk at a conference

  19. The Great Open Source Shake-Up

    more mandatory reading from Kate Downing

  20. Changeblog

    a few thoughts on a friend’s podcast appearance

  21. Require Credit For Your Software

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

  22. Get In, Get Out

    open source advice for new programmers breaking into the industry

  23. Dark Arts at Daybreak

    the end of club rule in open source law

  24. Operating Environment

    essential industry background for reading open software licenses

  25. SSPL Was Not Commons Clause

    how open licensing blew its biggest opportunity of the 2010s

  26. Mortarboard Licenses

    graduate to new public license terms

  27. Schools of Cohesion

    exploring the crosswise policy biases we learn from open software

  28. Tyranny of Permissionlessness

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

  29. Don’t Rely on OSI Approval

    activist approval does not track practical needs

  30. AFL-3.0 versus OSL-3.0

    a redline (diff) with important network terms highlighted

  31. #wontfix

    endorsements can’t fix the Open Source Definition

  32. Calls to Sustainability Action via package.json

    a new proposal, schema, and tools

  33. Enterprise Ready Open Software License Supplement

    the status quo, plus money for devs

  34. Stairway to Heaven

    repairing broken steps to software license Nirvana

  35. The Diachronic Treadmill License

    automatically reward supporters with copyleft exceptions

  36. License Utopia

    just four licenses for all of open source

  37. Ethical Subcommons Starter Kit

    bringing openness to software of moral concern

  38. Weak or Strong is Wrong

    towards selective or consistent copyleft

  39. Deprecation Notice: MIT and BSD

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

  40. Back to IP

    the copyright giant has a policy

  41. Indie Open Source

    developing resource for indie-ready business models

  42. Open Source Software License Reading List

    a comprehensive curriculum for new license wonks

  43. First Thoughts on the Redis Source Available License Agreement

    evident demand for license rules on API boundaries

  44. API Copyleft License 1.0.0

    first release of API-boundary copyleft form

  45. API Copyleft

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

  46. Shared Component License

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

  47. Outer Source

    open software by closed methods

  48. Apache-2.0 versus ECL-2.0

    a redline (diff) showing substantive changes

  49. Open Source is Not About You

    a minimal, functionalist view of open source

  50. Open Handicaps

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

  51. Selective Openness

    making money by choosing what to give away

  52. The Open Source Definition as Copyleft Regulation

    an in-depth review of commonly cited criteria

  53. The Copyleft Bust Up

    loopholes, licenses, and realpolitik in open source

  54. How to Speak Copyleft

    the missing vocabulary of copyleft design

  55. Elsewhere: Mapping Open Business Models

    crosspost from the License Zero blog

  56. Seeking Comment: Copyright Notice Recommendation

    first stab at a pragmatic best-practice guide

  57. Indirect Licensing

    dispensing software licenses in the Internet era

  58. Contributor Councils

    relicensing without foundation, BDFL, or unanimity

  59. Patents for Software Freedom

    gun-shy insurgents and the heavy weapons of IP law

  60. Bilking Angels

    celestial finance for earth-bound developers

  61. Crowd Hiring

    assurance contracts for short-term open software maintenance

  62. Quick Read of Tidelift’s Lifting Agreement

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

  63. Private Changes in Free Software Copyleft Licenses

    Where’s the fifth freedom?

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

    takedown power for DIY developers

  65. Unhappy Coincidences

    marriages of licensing convenience, and changed circumstances

  66. Selective Mythology

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

  67. The Posterity Public License

    a strong-attribution open source license

  68. MPL-2.0 versus OPL-2.1

    a redline (diff) showing changes

  69. I Have Another Blog

    you may want to subscribe on License Zero, too

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

    a redline (diff) showing changes

  71. CLAs are Not a Sham

    licensing with friends, improved and improving

  72. Debian Free Software Guidelines versus the Open Source Definition

    a redline (diff) showing changes

  73. Mercenary Rapport

    moral blindness in open source as social media

  74. Unsustainability at Scale

    today’s tools for yesterday’s problems tomorrow

  75. Feed this Bear

    indie coder, promote thyself!

  76. Overkill

    doing IP law wrong, and getting away with it

  77. The License Zero Manifesto

    sustainable software in the open

  78. Null Value

    against demise of the hacker public license

  79. Switchmode Developer Agreement

    an open form contract for open source contractors

  80. Open Software Service Terms

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

  81. It’s Not About Community

    another view of Open Source

  82. Open Source: Theory of Operation

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

  83. Open Source License Business Perception Report

    the pain and confusion of common open licenses, roughly quantified

  84. Against Legislating the Nonobvious

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

  85. The Mendicant Maintainerati

    no holy fools for Open Source

  86. The MIT License, Line by Line

    171 words every programmer should understand

  87. 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.

  88. License from Who?

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

  89. The Berneout Pledge

    Sucks less than CLAs!

  90. First Read: The Fair Source License

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

  91. Startup Unix

    An open legal operating system for start-up technology companies

  92. React Patent Redline

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

  93. Blind Patches

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