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Open Source Law, Policy and Practice
2nd Edition Amanda Brock

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Open Source Law, Policy and Practice
Open Source Law, Policy
and Practice
Second Edition
Edited by
A M A N DA B R O C K
Great Clarendon Street, Oxford, OX2 6DP,
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Second Edition published in 2022
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gistered trademarks of the Python Software Foundation, used by Oxford University
Press with permission from the Foundation.)
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of Docker, Inc. in the United States and/or other countries.)
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trademarks or trademarks of GNOME Foundation in the United States or other
countries.)
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Vietsch Foundation (‘Vietsch Foundation’ logo)
Open Source Initiative (The OSI logo trademark is the trademark of Open Source
Initiative)
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Nextcloud GmbH (Nextcloud and the Nextcloud Logo is a registered trademark of
Nextcloud GmbH. in Germany and/or other countries.)
Open Innovation Network LLC (‘Open Innovation Network’ logo)
Tidelift, Inc. (‘Tidelift’ logo)
Canonical Limited (‘Ubuntu’ logo - Canonical Limited, Ubuntu, London)
Weaveworks, Inc. (‘Weaveworks’ logo - (c) 2014-2022 Weaveworks, Inc. All rights
reserved.)
The Linux Foundation (The ‘Kubernetes’ logo is a registered trademark of The
Linux Foundation)
Larry Ewing (‘The Tux’ and ‘The GIMP’ logos)
OpenUK (‘OpenUK’ logo)
This book has been a labour of love and is dedicated to the boys I love—Ronan, Rhys,
and Dundee—and to the memory of my father, Chick, for whom I spent twenty-five
years being a lawyer.
Contents
Foreword xvii
Keith Bergelt
Abbreviations xix
Contributors xxv
Table of Cases xxxi
Table of Legislation xxxvii
Introduction xliii
1 Open Source as Philosophy, Methodology, and Commerce:

Using Law with Attitude 1
Ian Walden
1.1 Introduction 1
1.2 The Legal Treatment of Software 2
1.3 Open Source as Philosophy and Politics 7
1.4 ‘Open’ What? 21
1.5 Open Source as Development Methodology 30
1.6 Open Source as Commerce 30
1.7 Enforcing Open Source 31
1.8 Open Futures 32
1.9 Concluding Remarks 32
2 Evolving Perspective on Community and Governance 34
Ross Gardler and Stephen R Walli
2.1 Collaboration and Communities 34
2.2 Intellectual Assets to Intellectual Property 35
2.3 Intellectual Property and Industrial Scale 36
2.4 Early Experiments under Copyright 36
2.5 The Start of an Engineering Economic Model 37
2.6 Open Source as a Shared Production Model 39
2.7 Open Source Culture 40
2.8 Licences to Facilitate Collaboration 42
2.9 The Politics and Ethics of Open Source 44
2.10 The Free Software Definition 45
2.11 The Open S ource Definition 46
2.12 Open Source Initiative, a Pragmatic Community 47
2.13 Pragmatism versus Ethics 49
2.14 The Apache Software Foundation 50
x Contents
2.15 Governance of Open Source 52

2.16 People versus Process 53
2.17 The Benevolent Dictator Governance Model 54
2.18 The Meritocratic Governance Model 55
2.19 Implications of Licence Choice and IP Management on
Governance Models 56
2.20 The Rise of Codes of Conducts 58
2.21 The Business of Open Source 60
2.22 Open Source Non-Profits 65
2.23 Conclusion 67
PA RT 1 I N T E L L E C T UA L P R O P E RT Y, C O R P O R AT E ,
A N D G OV E R NA N C E
3 Copyright, Contract, and Licensing in Open Source 71

P McCoy Smith
3.1 Copyright and Software 71
3.2 Forms of Open Source Licensing 83
3.3 Software Interaction and Licence Compatibility 97
3.4 Interpreting Open Source Licences: Contract or
‘Bare Licence’? 102
3.5 What Makes a Software Licence ‘free’ or ‘open source’? 107
3.6 Conclusion 111
4 Contributor Agreements 113
Jilayne Lovejoy
4.1 Project Licence Agreements 113
4.2 Types of Inbound Agreements for Open Source Projects 114
4.3 Employee Contributions 121
4.4 Practical Advice 123
5 Copyright Enforcement 126
Miriam Belhausen
5.1 Introduction 126
5.2 What is Copyright Infringement and What Claims
Can Be Made? 128
5.3 Enforceability of Open Source Licences and Termination
Provisions—How? 129
5.4 Why is Copyright in Open Source so Consistently
Enforced in Germany? 131
5.5 Who Can Enforce Copyright in Open Source? 132
5.6 What Are the Key Arguments and Alleged Infringements? 136
5.7 New Trends 139
Contents xi
6 Transforming the Supply Chain with Openchain ISO 5230 141

Shane Coughlan
6.1 Overview 141
6.2 Compliance is a Process Challenge that Spans Multiple
Organisations 142
6.3 Because No Single Company Makes a Finished Device,
No Single Company Can Solve Compliance Challenges 142
6.4 The Best Solutions Are Often the Simplest, with the Lowest
Barriers to Entry 142
6.5 OpenChain ISO 5230 is Intended to Make Open Source Licence
Compliance More Predictable, Understandable, and Efficient for
the Software Supply Chain 143
6.6 A Simple Specification that Explains the Key Requirements of a
Quality Compliance Program 143
6.7 A Clear and Free Way to Check Conformance with the
Specification 143
6.8 Reference Material to Support Conformance and with Broader
Questions of Training and Processes 144
6.9 Community and Support 144
6.10 Conclusion 144
6.11 References 144
7 SPDX and Software Bill of Materials ISO/IEC 5962L 2021 145
Kate Stewart
7.1 Why Create a Software Bill of Materials? 145
7.2 What is an SPDX Document? 146
7.3 Listening to the Open Source Community Needs 156
7.4 Tooling and Best Practices to Make it Easy for Developers 161
7.5 Adoption of SPDX Documents 161
7.6 Future Directions 162
8 Corporate Concerns: Audit, Valuation, and Deals 164
Toby Crick
8.2 Why Understanding Open Source is Important in the
Corporate Context 166
8.3 Open Source Audit Services 169
8.4 Valuation 172
8.5 Issues Arising on M&A 174
8.6 Investment in Open Source Businesses 178
8.7 Insolvency 180
8.8 IPO 181
9 Trademarks 183
Pamela Chestek
xii Contents
9.2 Trademark Law Basics 184

9.3 Open Source Projects, Products, and Services 198
9.4 The Community Role in Open Source Trademarks 201
9.5 Lawful Use of Others’ Trademarks 204
9.6 Attempts to Limit Competition with Trademarks 208
9.7 Conclusion 212
10 Patents and the Defensive Response 213
Malcolm Bain and P McCoy Smith
10.1 Patents and Software 213
10.2 Patents 101: Why Are Patents Relevant to Open Source? 217
10.3 Patents and Open Source Interactions 226
10.4 How Open Source Deals with Patents 235
10.5 Patent Busting and Patent Pools 245
10.6 Patent Litigations Initiated Against Open Source 249
10.7 Conclusions 252
11 Open Source Software in Standard Setting: The Role of
Intellectual Property Right Regimes 256
Knut Blind, Mirko Böhm, and Nikolaus Thumm
11.2 Results from the Literature 258
11.3 Insights from Case Studies and Stakeholder Consultation 263
11.4 Compatibility of Intellectual Property Regimes in Standards
Development Organisations and Open Source Software 266
11.5 Conclusion 270
12 Export Control 273
Michael Cheng and Mishi Choudhary
12.2 Export Control Checklist 274
12.3 Case Study: Application of Export Control Regimes to Open
Source in the US 276
12.4 Survey of Export Control Regimes 278
12.5 Recommendations 281
13 Open Source Software and Security: Practices, Governance,
History, and Perceptions 282
Charles-H Schulz
13.1 Open Source and Security: Myths and Reality 282
13.2 Open Source Security Governance: Vulnerability Discovery,
Patching, and Disclosure Practices 286
Contents xiii
PA RT 2 T H E BU SI N E S S O F O P E N : E C O N OM IC S ,
O P E N S O U R C E M O D E L S , A N D U S AG E
14 Sustainability and Open Source 291

Cristian Parrino
14.1 From Human-Centred Design to Community-Centred Design 292
14.2 The City of Amsterdam Case 292
14.3 The Emissions Problem and the Role and Complexity of
Supply Chains 293
14.4 The Carbon-Negative Data Centre Blue Print 294
14.5 UN Sustainable Development Goals and
Open Data 296
15 Economics of Open Source 298
Mirko Böhm
15.1 The Economics of Open Source 299
15.2 Introduction: Open Source, Law, Politics, and Economics 299
15.3 Why is Free Software Free? 301
15.4 Software Freedom and Open Collaboration 303
15.5 Differentiate or Collaborate! 305
15.6 Joint Stewardship and Governance 307
15.7 Contributions, Copyright, and Participation 308
15.8 Communities, Contributors, and Merit 309
15.9 Value at the Edge of the Commons 312
15.10 Open Source-Related Products and Service 314
15.11 The Benefits of Open Source in a Business Context 317
15.12 Differentiating in the Eyes of the Consumer 319
15.13 The Role of the Volunteer Community 320
15.14 Competition in the Wider Open Source Community 322
15.15 Compliance, Social and Market Transactions, and Zero Price 324
15.16 Open Source as Community-Provisioned Public Good 326
16 Business and Revenue Models and Commercial Agreements 329
Amanda Brock
16.2 What is Open Source? 330
16.3 Business Models and Open Source 336
16.4 Commercial or Business Models 343
16.5 Cloud and Open Source in the Last Few Years 351
16.6 Standards and FRAND 363
16.7 Open Source Business Models—Diversity and Success 364
16.8 Measuring Success and the Values of Open Source 364
16.9 Open Source and Commercial Contracts 365
xiv Contents
17 Antitrust, Competition, and Open Source 369

Carlo Piana
17.2 Abuse of Dominant Position 370
17.3 Merger Control 378
18 Foundations and Other Organisations 385
Karen Sandler
18.1 Governance versus Foundations 386
18.2 The No-Foundation Solution 387
18.3 Charities 387
18.4 Trade Associations 390
18.5 Aggregating Foundations—Fiscal Sponsors 391
18.6 Corporate Initiatives 391
18.7 A Note of Licensing and Foundations 392
18.8 Co-option, Funding, and Confusion around Corporate Models 392
18.9 Need for Organisational Diversity 394
19 The Rise of the Open Source Program Offices (OSPO) 395
Nithya Ruff
19.1 The Beginning 395
19.2 Should You Start An Open Source Program Office (OSPO)? 396
19.3 The Role of an OSPO, Model Options, and Where Should We
Build It? 398
19.3.1 Drilling down into OSPO’s components 400
19.4 How Did OSPOs Get Started and the What is the ToDo Group? 402
19.5 What is the Impact of an OSPO on an Organisation? 403
19.6 How to Get Started in Creating Your Own OSPO? 406
19.7 Conclusion and Attributions 407
20 Cloud Native Development, Containers, and Open Source
Licensing 408
Richard Fontana
20.1 Overview of Linux Containers 408
20.2 Containers and the Scope of Copyleft 410
20.3 Container Images and Source Code Compliance 416
20.4 Identifying the Licence of a Container 421
20.5 Containers and Network Services Copyleft 422
20.6 The Rise of ‘Source-Available’ Licences Targeting Cloud
Service Providers 424
21 Public Sector and Open Source 429
Iain G Mitchell KC
21.2 The International Context—The WTO 430
21.3 The European Procurement Law Context 431
Contents xv
21.4 Issues in Software Procurement 435

21.5 The UK 455
21.6 The US 461
21.7 Conclusion 465
PA RT 3 EV E RY T H I N G O P E N
22 Blockchain and Open Source 471

Mark Radcliffe
22.1 Blockchain Systems 473
22.2 Protocols and Clients 474
22.3 Forking 475
22.4 Code Review 477
22.5 Bitcoin Client Licence Analysis 479
22.6 Ethereum Client Licence History 481
22.7 Ethereum Client Licence Analysis 484
22.8 Conclusions 487
23 Open Hardware 490
Andrew Katz
23.2 What is Hardware? 490
23.3 A Brief History 491
23.4 The Open Source Hardware Definition 493
23.5 Hardware and Reciprocity (Copyleft)—Intellectual Property 496
23.6 Hardware and Other Forms of Intellectual Property Right 501
23.7 Specific Open Hardware Licences 503
23.8 Non-copyleft Hardware Licences 508
23.9 Open Source Hardware: Development Models 508
23.10 Conclusion 511
24 Open Everything 512
Andrew Katz
24.1 Freedom to Use, Study, Modify, and Share 514
24.2 Open Governance 516
24.3 Anti-Lock-In 516
24.4 Interrelationship Between Opens 517
24.5 Openness and Intellectual Property Rights 518
24.6 Definitions of Openness (and Freedom) in Software 520
24.7 Open Knowledge 521
24.8 Open Data 522
24.9 Open Content 523
24.10 Creative Commons 523
24.11 Other Documentation Licences 525
24.12 Open Hardware (and Open Source Hardware) 525
xvi Contents
24.13 Open Data 526

24.14 Open Software Services 529
24.15 Open Politics and Open Government 531
24.16 Open Standards and Open Specifications 532
24.17 Open Innovation 535
24.18 Open Publishing, Open Education, and Open Access 536
24.19 Summary 538
Appendix 539
Index 557
Foreword
Keith Bergelt, CEO, Open Invention Network
Open Source software is the single-most impactful driver of innovation in the

world today. The fact that it is a social movement supporting the notion of col-
laborative development cross-sector, cross-industry, and among and between
individuals of different nationalities, races, and religions allows it to serve as an en-
during model for innovation. No longer is software being developed in corporate
silos where there is a cap on innovative output. By bringing smart people together
from diverse backgrounds and experiences, elegant and functional code is being
produced that would otherwise not be accessible.
While this model may have initially drawn adherents from primarily Western
Europe and the United States, Japanese and Korean companies and individual
coders began to participate actively in Open Source software projects in the mid-
late 2000s and have been closely followed by Chinese company participants over the
last eight to ten years. In fact, recognition of the inevitability of Open Source has re-
sulted in global participation in Open Source software projects managed by the likes
of the Apache Foundation, Eclipse Foundation, the Linux Foundation, and many
other organisations that have emerged to provide professional project manage-
ment and ensure an efficient path to the release of important code that can be freely
adopted and around which innovative products can be cost-effectively produced.
As Open Source software has evolved and proliferated in information tech-
nology (IT), telecommunications, electronics, mobile communications, com-
puting, transportation, energy, banking, financial services, fintech, big data, the
Internet of Things (IoT), and many other sectors, the need for knowledgeable and
experienced legal counsel has become acute. Copyright, trademark, and patent
attorneys, in parallel with the explosive level of technical collaboration in Open
Source software project communities, have been working in networks such as those
managed and maintained by the Free Software Foundation Europe (European
Legal Network), Linux Foundation (Member Legal Council), and Open Invention
Network (Asian Legal Network) to share best practices and accelerate Open Source
community-wide legal proficiency, and through journals like the Journal of Law
Technology and Society (formerly Free and Open Source Software Law Review).
Open Source software projects such as the Software Project Data Exchange (SPDX)
and OpenChain, both explored in this text, have emerged as ISO-approved stand-
ards to enable content management and process discipline that ensures copyright
compliance as part of comprehensive governance programs. Software compliance
tool companies have also emerged to further support active copyright compliance.
xviii Foreword
On the patent front, Open Invention Network manages an ever- growing

3700-strong network of the largest and most significant patent holding com-
panies in the world, committed to cross- licensing each others’ patents that
read on core Linux and adjacent Open Source functionality and, in the process,
forebearing patent infringement litigation. In addition, IBM, Microsoft, and the
Linux Foundation have joined with Open Invention Network to found the Unified
Patents’ Open Source Zone and mitigate patent risk to the broader Open Source
community posed by patent assertion entities.
The recurring theme across the Open Source technical and legal communities is
that of collaboration.
Individuals and organisations come together to yield new novelty and innovate
at unprecedented levels. Lawyers, recognising the need to build a community to
protect and nurture the integrity of the social movement that underlies Open
Source technical development, collaborate to enable copyright compliance and pa-
tent risk mitigation in the core of Linux and Open Source project functionality and
generously share their knowledge.
At the end of the day, Open Source is about opportunity and obligation whereby
manifest across the community is an implicit understanding that the opportunity
to enjoy the benefits of co-opetition through Open Source project participation
requires a concomitant obligation to adhere to a code of legal conduct and set of
social norms.
Abbreviations
ACTA Anti-Counterfeiting Trade Agreement

AGPL GNU Affero General Public Licence
AI artificial intelligence
AIA America Invents Act
AOSP Android Open Source Project
API application programming interface
ASF Apache Software Foundation
ASP application service provider
AST Allied Security Trust
BD benevolent dictator
BIOS Basic Input/Output System
BIS Bureau of Industry and Security
BOLO Be on the Look Out
BOM Bill of Materials
BSD Berkeley Software Distribution
BSL Business Source Licence
CAD computer-aided design
CAL Cryptographic Autonomy Licence
CC Creative Commons
CCBY Creative Commons Attribution Licence
CCL Confluent Community Licence
CC0 1.0 Creative Commons Universal Public Domain Dedication
CCS Crown Commercial Service
CDDL Common Development and Distribution Licence
CEO Chief Executive Officer
CI/CD Continuous Integration/Continuous Development
CII computer-implemented inventions
CIO Chief Information Officer
CLA contributor licence agreement
CNC computer numerical control
CNCF Cloud Native Computing Foundation
CONTU Commission on New Technological Uses of Copyrighted Works
COSS commercial Open Source software
COTS Commercially available off-the-shelf
CPDA Copyright Designs and Patents Act 1988
CPP C++
CSIS Center for Strategic and International Studies
CSV comma-separated values
xx Abbreviations
CTO Chief Technical Officer

DAO Decentralized Autonomous Organization
DCO Developer’s Certificate of Origin
DD Debian Developers
DFARS Defense Federal Acquisition Regulations
DLT Distributed Ledger Technology
DMCA Digital Millennium Copyright Act
DOAJ Directory of Open Access Journals
DoD Department of Defense
DPL Debian Project Leader
DRM Digital Rights Management
DVD digital video disc
EAR Export Administration Regulations
ECJU Export Control Joint Unit
ECtHR European Court of human Rights
ECJ European Court of Justice
EFF Electronic Freedom Foundation
ENC Environmental Noise Cancellation
ENT Espace Numérique de Travail
EPC European Patent Convention
EPL Eclipse Public Licence
EPO European Patent Office
EU European Union
EUPL European Public License
FAQs frequently asked questions
FARS Federal Acquisition Regulations
FDL Free Documentation Licence
FLA Fiduciary Licence Agreement
FLOSS Free Libre and Open Source Software
FMCG fast-moving consumer goods
FPGA field programmable gate array
FRAND fair, reasonable, and non-discriminatory
FSD Free Software Definition
FSF Free Software Foundation
FSFE Free Software Foundation Europe
FTC Federal Trade Commission
FTP File Transfer Protocol
FUD fear, uncertainty, and doubt
GATS General Agreement on Trade in Services
GATT General Agreement on Tariffs and Trade
GCC GNU C++ Compiler
GDP gross domestic product
GDPR General Data Protection Regulation
GDS Government Digital Service
GEA General Export Authorisation
Abbreviations xxi
GPA Agreement on Government Procurement

GPL General Public Licence
HDL hardware description language
HP Hewlett Packard
ICO Initial Coin Offering
ICT information and communications technology
IDABC Interoperable Delivery of European eGovernment Services to Public
Administrations, Businesses and Citizens
IEA International Energy Agency
IEC International Electrotechnical Commission
IETF International Engineering Task Force
IoT Internet of Things
IP intellectual property
IPO Initial Public Offering
IP intellectual property right
IPR Inter Partes Review
IRS Internal Revenue Service
ISO International Organization for Standardization
IT information technology
ITAR International Traffic in Arms Regulations
ITC International Trade Court
ITU International Telecommunication Union
JEDEC Joint Electron Device Engineering Council Standards Development
Organisation
KDE K Desktop Environment
LAMP Linux, Apache, MySQL, PHP
LFCF Linux Foundation Climate Finance Foundation
LGPL GNU Lesser Public Licence
LKM loadable kernel module
LoC lines of code
LOT Licence on Transfer
M&A mergers and acquisitions
MNO Mobile Network Operator
MOFCOM Ministry of Commerce (China)
MOST Ministry of Science and Technology (China)
MPL Mozilla Public Licence
NASA National Aeronautics and Space Administration
NC Creative Commons Non-commercial
NCSA The National Cyber Security Alliance
ND no derivatives
NDA non-disclosure agreement
NHS National Health Service
NIST National Institute of Standard and Technology
NPEs non-practising entities
NTIA National Telecommunications and Information Administration
xxii Abbreviations
OASIS Organization for the Advancement of Structured Information Standards

OCI Open Container Initiative
ODH openly designed hardware
ODI Open Data Institute
OECD Organisation for Economic Co-operation and Development
OEM original equipment manufacturer
OFAC Office of Foreign Assets Control
OGEL open general export licence
OIN Open Invention Network
OKF Open Knowledge Foundation
on-prem on premises
OS Operating System
OSD Open Source Definition
OSI Open Source Initiative
OSL Open Software License
OSPO Open Source Program Office
OTC Open Source Technology Center
OTT over the top
OU Open University
OWR open when ready
P2P person-to-person
para(s) paragraph(s)
PLoS Public Library of Science
PR public relations
PUBPAT Public Patent Foundation
QAA Quality Assurance Agency
R&D research and development
RAND reasonable and non-discriminatory terms
RCP Rich Client Platform
RDFa Resource Description Framework in Attributes
RF royalty free
RHEL Red Hat Enterprise Linux
RIT Rochester Institute of Technology
RMS Richard M Stallman
ROI return on investment
RPC remote procedure call
RPM RPM Package Manager
SaaS Software as a Service
SBOM software bill of materials
SCO SCO Group
SDO Standards Development Organization
SEC Securities and Exchange Commission
SEP Standard Essential Patent
SME small and medium-size enterprise
SOW Scope of Work
Abbreviations xxiii
SPDX Software Project Data Exchange

SSPL Server-Side Public Licence
SV Satoshi’s Vision
TCO total cost of ownership
TDF The Document Foundation
TEU Treaty on European Union
TFEU Treaty on the Functioning of the European Union
TPM technological protection measures
TRIPS Trade-Related Aspects of Intellectual Property Rights
UK United Kingdom
UN United Nations
UNESCO United Nations Educational, Scientific and Cultural Organization
UPC Unified Patent Court
UPC Unique Production Code
US United States
USC United States Supreme Court
USPTO US Patent Office
VC venture capital
W3C World Wide Web Consortium
WIPO World Intellectual Property Organization
WTO World Trade Organization
Contributors
Amanda Brock is CEO of OpenUK, the UK organisation for the business of Open
Technology (open source software, open hardware and open data); elected Board Member,
Open Source Initiative; appointed member of the Cabinet Office’s Open Standards Board;
Member of the British Computer Society Inaugural Influence Board; Advisory Board
Member, KDE, Planet Crust, Sustainable Digital Infrastructure Alliance and Mimoto;
Charity Trustee Creative Crieff and GeekZone; and European Representative of the Open
Invention Network. Amanda was awarded the UK Lifetime Achievement Award in the
Women, Influence & Power in Law Awards, 2022, and included in Computer Weekly’s Most
Influential Women and The UK Leaders in Tech long lists in 2021 and 2022. A lawyer of
25 years’ experience, she previously chaired the Open Source and IP Advisory Group of
the United Nations Technology Innovation Labs, sat on the OASIS Open Projects and UK
Government Energy Sector Digitalisation Task Force Advisory Boards and been an ad-
visor to a number of start-ups including Beamery and Everseen. With law degrees from
the University of Glasgow, New York University and Queen Mary and Westfield, University
of London, Amanda was part of the first cohort to study internet law in the UK. She then
spent 25 years practising law and almost 20 of those across companies in a variety of sec-
tors, with a strong technology focus. She was the first lawyer working on the ISP Freeserve
from 1999 and a member of the team which took it to IPO. She joined Canonical early
stage as General Counsel setting up and running the global legal team for 5 years from
2008. A frequent international keynote speaker, Amanda writes regularly for the tech-
nology press, is Editor of Open Source, Law, Policy and Practice, being published by Oxford
University Press in October 2022 with open access sponsored by the Vietsch Foundation.
Listed as one of 20 CEO’s to Watch at https://www.linkedin.com/feed/update/urn:li:activ
ity:6777656310428135424/, https://www.linkedin.com/in/amandabrocktech
Malcolm Bain is an English solicitor and Spanish abogado based in Barcelona, working for
the last twenty years in ICT law and focusing on Open Source and open content projects.
He has advised universities, government, industry, and startups on intellectual property
strategy, management, and licensing, and participated in many conferences and seminars
on the legal aspects of Open Source and open data. He is a member of FSF-Europe and
CATPL, the Catalan association for free software businesses.
Miriam Belhausen is a partner at Bird & Bird, LLP, specialising in technology, software,
digital media, copyright, data, and data protection law with a particular focus on the collab-
orative development of Open Source software, open data, and open hardware. She served
on the advisory council of the Legal Network of the Free Software Foundation Europe and
has been involved in several Open Source enforcement cases in Germany. In her daily work,
she regularly works with clients on implementing Open Source licence compliance program
and advises them on all issues related to Open Source.
xxvi Contributors
Knut Blind took his Bachelor’s degree at Brock University (Canada), prior to finishing his
Diploma in Economics and later his doctoral degree at Freiburg University. Since 1996, he
joined the Fraunhofer Society. Currently, he is head of ‘Innovation and Regulation’ at the
Fraunhofer Institute for Systems and Innovation Research located in in Karlsruhe, Germany.
In April 2006, he was appointed Professor of Innovation Economics at the Faculty of
Economics and Management at the Technische Universität Berlin. Between 2008 and 2016,
he held also the endowed chair of standardisation at the Rotterdam School of Management
of the Erasmus University.
Mirko Böhm is an Open Source software contributor to the KDE Desktop, the Open
Invention Network, the Open Source Initiative, and other projects. He is a visiting lecturer
and researcher on Open Source software at the Technical University of Berlin, a certified
Qt specialist and trainer and a fellow of the Openforum Academy. He leads software engi-
neering projects at Mercedes-Benz where he applies a wide range of experience as an entre-
preneur, corporate manager, software developer, and German Air Force officer. He lives
with his wife, two children, and two cats in Berlin, Germany.
Michael Cheng is a former network engineer, M&A Attorney, and product manager. He
is currently Vice President, Head of Corporate, Mergers & Acquisitions, and Intellectual
Property at Dapper Labs. Prior to this, Michael was a product manager at Facebook/Meta
where he represented the company as the face of its investments in Open Source. He has
previously served on the Linux Foundation Board of Directors (Member), ML Commons
(Treasurer), Confidential Computing Consortium (Board Member), Urban Computing
Foundation (Board Member), OpenChain (Board Member), Open Invention Network
Technical Advisory Committee (Member), and the Magma Foundation (Board Chair).
Pamela S. Chestek is the principal of Chestek Legal in Raleigh, North Carolina. She coun-
sels creative communities on Open Source software, brand, and marketing matters. Prior
to returning to private practice, she held in-house positions at footwear, apparel, and high
technology companies and was an adjunct law professor teaching a course on trademark law
and unfair competition. She is a frequent author of scholarly articles, and her blog, Property,
Intangible, provides analysis of current intellectual property case law. She is admitted to
practice in California, Connecticut, the District of Columbia, Massachusetts, New York, and
North Carolina, and has been certified by the North Carolina Board of Legal Specialization
in Trademark Law.
Mishi Choudhary is a technology lawyer. The Open magazine calls her an emerging legal
guardian of the free and open Internet. She is the Legal Director of the New York-based
Software Freedom Law Center and Partner at Moglen & Associates. She has served as the
primary legal representative of many of the world’s most significant free software developers
and non-profit distributors. She advises technology startups and established businesses
around the world on Open Source software licensing and strategy. In 2010, she founded
SFLC.in. Under her direction, SFLC.in has become the premier non-profit organisation rep-
resenting the rights of Internet users and free software developers in India.
Shane Coughlan is an expert in communication, security, and business development.

His professional accomplishments include building the largest Open Source governance
Contributors xxvii
community in the world through the OpenChain Project, spearheading the licensing team
that elevated Open Invention Network into the largest patent non-aggression community
in history and establishing the first global network for Open Source legal experts. He is a
founder of both the first law journal and the first law book dedicated to Open Source. He
currently leads the OpenChain Project, acts as an advisor to both World Mobile and Asylum
Labs, and is a General Assembly Member of OpenForum Europe.
Toby Crick is a partner in Bristows LLP’s technology group and advises on and negoti-
ates commercial, technology, and outsourcing agreements. He has particular expertise in
working with clients to help them manage and structure complex deals and is recognised for
his work on digital transformation projects and his work with clients to manage Open Source
software in regulated environments. He is a Trustee of the UK’s Society for Computers and
Law and lectures widely on IT, e-commerce, cloud computing, agile software development,
and outsourcing including at ITechLaw, University College London (where he teaches on
Open Source) and Queen Mary University of London.
Richard Fontana is Senior Commercial Counsel at Red Hat. He specialises in legal matters
relating to software development, with a focus on Open Source. He is a former board dir-
ector of the Open Source Initiative. Fontana was previously Senior Director and Associate
General Counsel for Cloud and Open Source at Hewlett-Packard and Counsel at the
Software Freedom Law Center. Earlier in his career he practised intellectual property and
antitrust law. He is a graduate of the University of Michigan Law School (Juris Doctor), Yale
University (Master of Science in Computer Science), and Wesleyan University (Bachelor of
Arts in History).
Ross Gardler has been working on Open Source software for close to twenty-five years,
participating in many projects with a focus on building healthy collaboration environments
that create opportunities for open innovation across multiple fields. He served for a number
of years as the President of the Apache Software Foundation and currently serves on the
Board of Directors for OASIS Open at the intersection of rapid Open Source software in-
novation and stable interoperability through the slower but more precise standards process.
He currently works for Microsoft contributing to the growth of Linux workloads on Azure.
Andrew Katz is a solicitor practising in England and has specialised in open technologies
for over 25 years. He leads the Technology team at Moorcrofts LLP in the Thames Valley and
has advised businesses, governments, non-governmental organisations, and foundations
around the world on open licensing and governance. He is co-author of the CERN Open
Hardware Licence, and is a visiting researcher at Queen Mary University of London and
the University of Skövde. He lectures frequently, and has written numerous papers on open
technologies. He was lead open hardware author on the European Commission’s 2021 Paper
on the Impact of Open Source Software and Hardware on the EU Economy. He has written
and released software under the GPL.
Jilayne Lovejoy is a US lawyer and community leader who has held various community and
in-house roles related to Open Source. She co-leads the Software Package Data Exchange®
(SPDX) legal team, helps maintain the SPDX License List, and co-authored the FINOS Open
Source License Compliance Handbook, an open-licensed human and machine-readable
xxviii Contributors
handbook for licence compliance. Currently, she is product counsel at Red Hat working on
a variety of issues. Prior roles include legal counsel at Canonical and principal Open Source
counsel at Arm, where she drove improved processes related to Open Source, including
forming and chairing the Arm Open Source Office.
P McCoy Smith is the Founding Attorney at Lex Pan Law LLC, a full-service technology
and intellectual property law firm, and Opsequio LLC, an Open Source consultancy, both
in Portland, Oregon, USA. He spent 20 years at a Fortune 50 multinational technology
company as an intellectual property attorney, where he ran Open Source legal policies.
He spent eight years in private practice, as a patent litigator and prosecutor, in a New York
City-based law firm, and three years as a patent examiner at the US Patent & Trademark
Office. He has an honours engineering degree (Colorado State University), a graduate lib-
eral arts degree (Johns Hopkins University), and a law degree (University of Virginia). He
also taught the US patent bar exam, and is on the editorial board of the Journal of Open Law,
Technology & Society. He is licensed to practice law in Oregon, California, and New York,
and to prosecute patent and trademark applications in the US and Canadian Patent &
Trademark Offices.
Iain G Mitchell KC is a member of the Scottish and English Bars, ranked in Chambers
Directory and the Legal 500 for Commercial Litigation, Intellectual Property and
Information Technology law. He is Chair of the Scottish Society for Computers and Law, the
UK expert on the IT Committee of the CCBE, and past Chair of its Surveillance Working
Group. He is a member of the IT Panel of the Bar Council of England & Wales. the legal
panel of Open UK and an Honorary Lecturer in IT Law at Münster University. He is a joint
editor of the Journal of Open Law, Technology and Society.
Cristian Parrino is a tech turned social entrepreneur and sustainability advisor. He is

OpenUK’s Chief Sustainability Officer where he focuses on the intersection of open tech-
nology and societal value. He is also the CEO of childhood cancer charity, the Azaylia
Foundation, and a Board Trustee at citizen science charity, Earthwatch Europe, and youth
climate action charity, InterClimate Network, where he also co-leads on the Youth Action
Against Climate Change All-Party Parliamentary Group. Previously, he was the co-founder
and CEO of sustainable behaviour change startup Greengame, and the Vice President of
Mobile and Online Services at Canonical.
Carlo Piana is a qualified lawyer in Italy and an Open Source software advocate. Former
General Counsel to the Free Software Foundation Europe, which he represented along with
the Samba Team in cornerstone antitrust cases to ensure freedom of interoperability in the
PC and Internet market. In the 2022 he was elected to the Board of the Open Source Initiative
and became a member of the Steering Committee of the Eclipse Oniro Working Group. He
acted in the first reported GPL enforcement case in Italy. He is a founding member of Array,
a boutique IT law firm, and a partner of OpenChain.
Mark Radcliffe is a senior partner who practises in DLA Piper’s Silicon Valley office and
is Co-Chair of its Blockchain and Digital Assets practice. He has been advising on Open
Source matters for over twenty years, with projects ranging from the development of the
dual licensing model to the open sourcing of the Sun Microsystems’ Solaris operating
Contributors xxix
system. He serves as outside general counsel of the Open Source Initiative and Apache
Software Foundation on a pro bono basis. He is applying this experience to blockchain
and non-fungible token issues. He has written and spoken extensively on Open Source
legal issues.
Nithya A Ruff is the Head of the Amazon Open Source Program Office. She drives Open
Source culture and coordination inside of Amazon and engagement with external commu-
nities. Prior to Amazon, she started and grew Comcast and Western Digital’s Open Source
Program Offices. Nithya has been director-at-large on the Linux Foundation Board for the
past five years and in 2019 was elected Chair of the influential Linux Foundation Board. She
works actively to advance the mission of the Linux Foundation around building sustainable
ecosystems that are built on open collaboration. She is a passionate advocate and a speaker
for opening doors to new and diverse people in technology and often speaks and writes on
this topic. She graduated with an MS in Computer Science from NDSU and an MBA from
the University of Rochester, Simon Business School and is an aspiring corporate board dir-
ector and governance enthusiast.
Karen Sandler is an attorney and executive director of the Software Freedom Conservancy
(SFC), a non-profit organisation focused on ethical technology. She is known as a ‘cy-
borg lawyer’ for her advocacy for software freedom as a life-or-death issue. She co-
organises Outreachy, an internship program for those facing under- representation,
systemic bias, or discrimination in tech. She is a Lecturer-in-Law at Columbia Law
School. Prior to SFC, Karen was executive director of the GNOME Foundation.
Before that, she was general counsel of the Software Freedom Law Center.
She received her JD from Columbia Law School where she was a James Kent Scholar, and her
engineering degree from the Cooper Union.
Charles-H Schulz is a French technologist, free software and open standards advocate.
As a long-time contributor to the OpenOffice.org project, he helped grow its community
from a few, mostly European communities to over 100 communities and teams of various
sizes. He also contributed to the development and adoption of the OpenDocument Format
standard through the company he co-founded, Ars Aperta. A former director of the OASIS
Consortium, he has engaged in various digital public policy debates at the European level.
He is a founding member and one of the former directors of the Document Foundation,
home of the LibreOffice project. He has been working in governmental cybersecurity for
several years and is one of the current board members of the Open Information Security
Foundation, and Chief Strategy Officer of Vates, the main developer of the XCP-ng
hypervisor.
Kate Stewart works with the safety, security, and licence compliance communities to ad-
vance the adoption of best practices into embedded Open Source projects. She was one
of the founders of SPDX and is currently the specification coordinator. Since joining
the Linux Foundation, she has launched the ELISA and Zephyr Projects, as well as sup-
porting other embedded projects. With over thirty years of experience in the software in-
dustry, she has held a variety of roles in software development, architecture, and product
management, primarily in the tooling and embedded ecosystem working with inter-
national teams.
xxx Contributors
Dr Nikolaus Thumm is Senior Scientific Advisor with the ETH Board in Zurich, Switzerland,
and Associate with Technical University Berlin. Prior to this, he worked for the European
Commission where he was responsible to set up a work program on standardisation,
standard essential patents, licensing, and Open Source. Until 2013, he was Chief Economist
of the European Patent Office. Before this, he worked as Senior Economic Counsellor for the
Swiss Intellectual Property Office. He was chairman of the United Nations’ Advisory Group
on the Protection and Implementation of Intellectual Property Rights for Investment, a
private-public partnership group. Nikolaus lead numerous international research activ-
ities and holds many publications in the field of standardisation, patenting, and intellectual
property protection.
Dr Ian Walden is Professor of Information and Communications Law and Director of

the Centre for Commercial Law Studies, Queen Mary University of London. His publications
include Media Law and Practice (2009), Free and Open Source Software (2013); Computer
Crimes and Digital Investigations (2nd edn, 2016) and Telecommunications Law and
Regulation (5th edn, 2018). He has been a visiting professor at the universities of Texas,
Melbourne and KU Leuven. He has been involved in law reform projects for the World
Bank, European Commission, Council of Europe, Commonwealth, and UNCTAD, as
well as numerous individual states. Ian was an ‘expert nationaux détaché’ to the European
Commission (1995–96); Board Member and Trustee of the Internet Watch Foundation
(2004–09); on the Executive Board of the UK Council for Child Internet Safety (2010–
12); the Press Complaints Commission (2009–14); a member of the RUSI Independent
Surveillance Review (2014–15); a member of the Code Adjudication Panel at the Phone-
paid Services Authority (2016–21); a member of the European Commission Expert Group
to support the application of the GDPR (2017–21), and a Non-Executive Board Member of
the Jersey Competition Regulatory Authority (2020–present). Ian is a solicitor and Counsel
to Baker McKenzie. Ian leads Queen Mary’s qLegal initiative and is a principal investigator
on the Cloud Legal Project.
Stephen Walli is a principal program manager in the Open Source Ecosystem Team in the
Azure Office of the CTO. He has collaborated on standards and Open Source projects for
more than thirty years. He is a board member to the Eclipse Foundation and chairs the
Eclipse SDV Working Group, and chairs the Confidential Computing Consortium (Linux
Foundation). He is also adjunct faculty at Johns Hopkins, teaching Open Source Software
Engineering, and is developing the Semesters of Code program. He is working group
chair for an IEEE standard on recommended practices for Open Source software project
governance.
Table of Cases
EUROPEAN COURT OF HUMAN RIGHTS

Ashby Donald and others v France, Appl. Nr. 36769/08, ECtHR (5th Sec.),
10 January 2013 �� 9
Neij and Sunde Kolmisoppi v Sweden, Appl. Nr. 40397/12, ECtHR (5th Sec.),
19 February 2013 �� 9
EUROPEAN COURT OF JUSTICE (ALPHABETICAL)

Albany (Case C-67/96) [1999] ECRI-5751�� 436
Bent Mousten Vestergaard v Spøttrup Boligselskab (Case C-59/00)

[2001] ECR 1–09505 ��433, 440
Bezpečnostní softwarová asociace (Case C-393/09) [2010] ECR I-0000�� 4
Commission v CAS Succhi di Frutta SpA (Case C-496/99) [2004] ECR 2004 I-03801��445
Concordia Bus Finland Oy Ab (Case C-513/99) [2002] ECR I-7251�� 441
European Commission v The Netherlands (Case C-359/93) [1995] ECR I-15�� 440
EVN AG and Weinstrom GmbH v Austria (Case C-448/01) [2003] ECR I-14558�� 441–42
Fabricom SA v Belgium (Joined Cases C-21/03 and C-34/03) [2005] ECR I-1577 �� 439
Hoffman-La Roche, judgment of the European Court of Justice (Hoffmann-La

Roche & Co. AG v Commission of the European Communities.
Dominant position. Case 85/76��370–71
IT Development SAS v Free Mobile SAS, ECLI:EU:C:2019:1099

(Fifth Chamber, CJEU, 18 December 2019)��105–6
ITV Broadcasting Ltd & ors v TVCatchup Ltd (Case C-607/11) 7 March 2013��28–29
Laserdisken ApS v Kulturministeriet (Case C-479/04) [2007] 1 CMLR 6�� 26

L’Oréal SA & Ots v Bellure NV & Ots [2010] ECJ C-487/07�� 196
Medipac-Kazantzidis AE v Venizeleio-Pananeio (Case C-6/05) [2007] ECR 1–04557 ��433

Metronome Musik (Case C-200/96) [1998] ECR I-1953�� 26
Microsoft v Commission (Case T-201/04) ��374–76
Monty Program AB v Commission (Case T-292/10)�� 382
Nacional de Empresas de Instrumentación Científica, Médica, Técnica y

Dental (FENIN) v Commission of the European Communities
(Case T-319/9) [2003] 5 CMLR 1�� 436
Nacional de Empresas de Instrumentación Científica, Médica, Técnica y
Dental (FENIN) v Commission of the European Communities
(Case C-205/03) [2006] 5 CMLR 7�� 436
xxxii Table of Cases
Parking Brixen GmbH v Gemeinde Brixen & Stadtwerke Brixen AG

(Case C-458/03) [2005] ECR 1–08585��433, 439
Poucet and Pistre (Joined Cases C-159/91 and C-160/91) [1993] ECR I-637�� 436
SAS Institute Inc. v World Programming Ltd (Case C-406/10)

ECLI:EU:C:2012:259, 2 May 2012�� 4, 76, 229
Sociedad General de Autores y Editores de Espana (SGAE) v Rafael Hotels SL
(Case C-306/05) 7 December 2006; [2007] ECDR 2 ��28–29
Solvay SA v Honeywell Fluorine Products Europe BV, Case C-616/10
(ECJ 12 July 2012)��224–25
Synergestic herbicides/CIBA GEIGY T68/85�� 254
Telaustria Verlags GmbH and Telefonadress GmbH v Telekom Austria AG

(Case C-234/98) [2000] ECR 1–10770�� 433, 438–39
UsedSoft GmbH v Oracle International Corp (2012) 3 CMLR 44�� 27
EUROPEAN COURT OF JUSTICE (CHRONOLOGICAL)

Case 85/76 Hoffman-La Roche, judgment of the European Court of Justice
(Hoffmann-La Roche & Co. AG v Commission of the European
Communities. Dominant position��370–71
Case T-68/85 Synergestic herbicides/CIBA GEIGY�� 254
Cases C-159/91 and C-160/91 Poucet and Pistre [1993] ECR I-637 �� 436
Case C-359/93 European Commission v The Netherlands [1995] ECR I-15�� 440
Case C-67/96 Albany [1999] ECRI-5751�� 436
Case C-200/96 Metronome Musik [1998] ECR I-1953�� 26
Case C-234/98 Telaustria Verlags GmbH and Telefonadress GmbH v
Telekom Austria AG [2000] ECR 1–10770�� 433, 438–39
Case C-496/99 Commission v CAS Succhi di Frutta SpA [2004] ECR 2004 I-03801�� 445
Case C-513/99 Concordia Bus Finland Oy Ab [2002] ECR I-7251 �� 441
Case C-59/00 Bent Mousten Vestergaard v Spøttrup Boligselskab
[2001] ECR 1–09505 ��433, 440
Case C-448/01 EVN AG and Weinstrom GmbH v Austria [2003] ECR I-14558��441–42
Cases C-21/03 and C-34/03 Fabricom SA v Belgium [2005] ECR I-1577�� 439
Case C-205/03 Nacional de Empresas de Instrumentación Científica, Médica,
Técnica y Dental (FENIN) v Commission of the European Communities
[2006] 5 CMLR 7 �� 436
Case C-458/03 Parking Brixen GmbH v Gemeinde Brixen & Stadtwerke
Brixen AG [2005] ECR 1–08585��433, 439
Case T-201/04 Microsoft v Commission��374–76
Case C-479/04 Laserdisken ApS v Kulturministeriet [2007] 1 CMLR 6 �� 26
Case C-6/05 Medipac-Kazantzidis AE v Venizeleio-Pananeio [2007] ECR 1–04557 �� 433
Case C-306/05 Sociedad General de Autores y Editores de Espana (SGAE) v
Rafael Hotels SL 7 December 2006; [2007] ECDR 2��28–29
Case T-319/9 Nacional de Empresas de Instrumentación Científica, Médica,
Técnica y Dental (FENIN) v Commission of the European Communities
[2003] 5 CMLR 1 �� 436
Case C-393/09 Bezpečnostní softwarová asociace [2010] ECR I-0000�� 4
L’Oréal SA & Ots v Bellure NV & Ots [2010] ECJ C-487/07�� 196
Case T-292/10 Monty Program AB v Commission �� 382
Case C-406/10 SAS Institute Inc. v World Programming Ltd 2 May 2012 �� 4, 76, 229
Table of Cases xxxiii
Case C-616/10 Solvay SA v Honeywell Fluorine Products Europe BV

(ECJ 12 July 2012)��224–25
UsedSoft GmbH v Oracle International Corp (2012) 3 CMLR 44�� 27
Case C-607/11 ITV Broadcasting Ltd & ors v TVCatchup Ltd 7 March 2013��28–29
IT Development SAS v Free Mobile SAS, ECLI:EU:C:2019:1099
(Fifth Chamber, CJEU, 18 December 2019)��105–6
FRANCE
EDU 4 v AFPA, Cour d’Appel de Paris, Pole 5, Chambre 10, no: 294��104–5
Entre’Ouvert v Orange, Tribunal de grande instance (TGI) of Paris, 3rd chamber,

3rd section (21 June 2019)��105–6
GERMANY
Anmerkung zu OLG Düsseldorf, U. v. 24.04.2012–I-20 U 176/11�� 186
Welte v D-Link Deutschland GmbH (2006) LG Frankfurt a.M., 2006–09–06,

Case No. 2–6 O 224/06�� 29
Welte v Sitecom Deutschland GmbH, District Court of Munich, 19 May 2004,
case 21 O 6123/04��104–5
Welte v Skype Technologies S A, District Court of Munich, 12 July 2007,
case 7 O 5245/07��104–5
ITALY
Assoli v Ministero del Lavoro (TAR (Regional administrative court) Lazio,
Decision no 428 of 23/01/2007�� 447
Consorzio Aziende Metano (Coname) v Comune di Cingia de’Botti C-231/03

[2005] ECR I-07287�� 433
Decision no. 122 of 22/03/2010�� 447
SECAP SpA and Santorso Soc. Cooparl v Comune di Torino C-147/06 and
C-148/06 [2008] ECR I-03565 �� 433
POLAND
Decision of Krajowa Izba Odwoławcza of 13 January 2009 (file no: KIO/UZP 1502/08)��449
Decision of Krajowa Izba Odwoławcza of 5 August 2009
(file no: KIO/UZP 961/09) �� 449
Judgment of Constitutional Court of 9 March 1988, file no: U 7/87,

OTK 1988, no 1, poz 1, 14��448–49
UNITED KINGDOM
Aerotel Ltd v Telco Holdings Ltd [2007] RPC 7 �� 218
Boosey v Whight, 1900 1 Ch. 122, 81 LTNS 265��72–73

xxxiv Table of Cases
Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1��504–5

Confetti Records v Warner Music UK Ltd (t/a East West Records) [2003] EWHC 1274�� 12–13
Elekta Ltd v Common Services Agency 2011 SLT 815��442, 448
Football Association Premier League Ltd and others v QC Leisure and others,
Murphy v Media Protection Services Ltd [2012] 1 CMLR 29�� 26
Halliburton Energy Inc’s Patent [2011] EWHC 2508 (Pat)�� 218
Macrossan’s Application 2006 [EWCA]�� 218
Navitaire Inc. v Easyjet Airline Co [2004] EWHC 1725 (Ch)�� 75
R (on the application of Chandler) v Secretary of State for Children, Schools and
Families (2010) CMLR 19�� 434
SAS Inst. Inc. v World Programming Ltd. [2013] EWCA Civ 1482�� 79
SAS Institute Inc. v World Programming Ltd [2013] EWHC 69 (Ch)�� 4
Sidey Ltd v Clackmannanshire Council and Pyramid Joinery and
Construction Ltd [2010] SLT 607�� 434
Sidey Ltd v Clackmannanshire Council [2012] SLT 334��434, 438
St Albans City & DC v International Computers Ltd., [1996] 4 All ER 481�� 6
Symbian Ltd v Comptroller General of Patents [2008] EWCA Civ 1066�� 218
The Mayor and Burgesses of the London Borough of Southwark v IBM UK Ltd
[2011] EWHC 549 (TCC)�� 6
UNITED STATES
100 Blacks in Law Enforcement Who Care, Inc. v 100 Blacks Who Care, Inc.,
Opposition No 91190175, 2011 WL 1576733 (TTAB 12 April 2011) �� 202
American Axle & Manufacturing, Inc. v Neapco Holdings LLC, 939 F.3d 1355
(Fed. Cir. 2019)�� 220
Apple Computer, Inc. v Franklin Computer Corp., 714 F.2d 1240 (3d Cir. 1983),
cert. dism’d by stip., 464 US 1033 (1984)��72–73
Apple Inc. v Psystar Corp., 658 F.3d 1150, C.A.9 (Cal.), 2011�� 26
Autodesk, Inc v Dassault Systemes SolidWorks Corp, 685 F. Supp. 2d 1001,
1009 (N.D. Cal. 2009)�� 209
Baker v Selden, 101 US 99 (1879)�� 76

Barcamerica Int’l USA Tr v Tyfield Importers, Inc, 289 F.3d 589, 598 (9th Cir. 2002)�� 196
Bedrock Computer Technologies LLC v Softlayers Technology Inc.,
Case No. 6:09–cv-269 (LED) (E.D. Tex. 2009)��249–50
Bedrock Computer Technologies LLC v Softlayers Technology Inc.,
Case No. 6:09–cv-269 (LED) (E.D. Tex. 15 April 2011)��249–50
Beltronics USA Inc v Midwest Inventory Distrib, LLC, 562 F.3d 1067,
1072 (10th Cir. 2009)��199, 200
Bernstein v US Department of State 176 F.3d 1132 (9th Cir. 1999) �� 10
Bilski, In re, 545 F.3d 943 (Fed Cir 2008) (en banc) ��219–20
Bilski v Kappos, No 08–964, 561 U.S. (2010)��219–20
Table of Cases xxxv
Capitol Records LLC v ReDigi Inc., No. 12 Civ. 95 (RJS), 30 March 2013��26–27
Century 21 Real Estate Corp v Lendingtree, Inc, 425 F.3d 211, 214 (3d Cir. 2005)�� 199–200
CLS Bank v Alice Corp 573 US 208 (2014)�� 220
Comm for Idaho’s High Desert, Inc v Yost, 92 F.3d 814, 819–20 (9th Cir. 1996)��201–2
Compaq Computer Corp v Procom Tech, Inc, 908 F. Supp. 1409, 1423
(S.D. Tex. 1995)�� 209
Diamond v Diehr 450 US 175 (1981)��219–20
Elasticsearch, Inc v Amazon.com, Inc., No. 3:19–cv-06158 (N.D. Cal.)

(complaint filed 27 September 2019)�� 183
Eldred v Ashcroft (01–618) 537 US 186 (2003)��8–9
Eva’s Bridal Ltd v Halanick Enter, Inc, 639 F.3d 788 (7th Cir. 2011)�� 196
Feist Publications, Inc., v Rural Telephone Service Co., 499 US 340 [1991] �� 527
G & C Merriam Co v Syndicate Pub Co, 237 US 618, 622 (1915)�� 186
Gemmer v Surrey Services for Seniors, Inc., No 10–810, 2010 WL 5129241,
at *20 (E.D. Pa. 13 December 2010)�� 202
Google LLC v Oracle America, Inc., Docket No. 18–956, Petition for a Writ
of Certiorari (US 24 January 2019)�� 76
Google LLC v Oracle Am., Inc., 593 US _, 141 S. Ct. 1183, Docket No. 18–956, (2021) �� 76
Google LLC v Oracle America, Inc., 593 US _, 141 S. Ct. 1183, Docket No. 18–956,
Opinion of the Court at 15 (5 April 2021)��77–79, 80
Harper & Row Publishers, Inc. v Nation Enterprises 471 US 539, 558 (1985) ��8–9
Haughton Elevator Co v Seeberger, 85 USPQ 80 (Comm’r Pat 1950) �� 197
Iancu v Luoma, 141 S.Ct. 2845 (US 2020)��250–51

Intel Corp v Advanced Micro Devices, Inc, 756 F. Supp. 1292, 1298
(N.D. Cal. 1991)�� 188
Intel Corp. v Terabyte Int’l, Inc., 6 F.3d 614, 619 (9th Cir. 1993) �� 200
Jacobsen v Katzer, No. 06–CV-01905 JSW, 2007 WL 2358628 (N.D.Cal. 17 August 2007) ��103–4
Jacobsen v Katzer, 535 F.3d 1373 (Fed. Cir. 2008)�� 86–87, 103–4
Kennedy v Guess, Inc, 806 N.E.2d 776, 786 (Ind. 2004)��211–12

Kentucky Fried Chicken Corp v Diversified Packaging Corp, 549 F.2d 368,
387 (5th Cir. 1977)�� 196
Liebowitz v Elsevier Sci Ltd, 927 F. Supp. 688, 696 (SDNY 1996)��202–3
LunaTrex, LLC v Cafasso, 674 F. Supp. 2d 1060, 1062 (S.D. Ind. 2009) ��202–3
Mayo Collaborative Services v Prometheus Laboratories, Inc 566 US (2012) ��219–20

Mazer v Stein, 347 US 201 (1954)�� 76
MDY Industries v Blizzard Entertainment, 629 F. 3d 928 C.A.9 (Ariz.), 2010 ��26, 31–32
Merck & Co v Mediplan Health Consulting, Inc, 425 F. Supp. 2d 402, 413 (SDNY 2006)��205
National Comics Publications, Inc. v Fawcett Publications, Inc. 191 F.2d 594, 90 USPQ 274��17
Neo4j, Inc v PureThink, LLC, 480 F.Supp.3d 1071 (N.D. Cal. Aug. 20, 2020)�� 196–97, 206
Neo4j, Inc. v PureThink, LLC, No. 5:18–CV-07182–EJD, 2021 WL 2483778
(N.D. Cal. 18 May 2021) �� 206
xxxvi Table of Cases
New Kids on the Block v News Am Publ’g, Inc, 971 F.2d 302, 308 (9th Cir.1992)�� 205
Nissen Trampoline Co v Am Trampoline Co, 193 F. Supp. 745, 129 USPQ 210
(S.D. Iowa 1961)�� 197
Oracle Am., Inc. v Google LLC, 750 F.3d 1339 (Fed. Cir. 2014)�� 76
Oracle America, Inc. v Google, Inc., 872 F. Supp. 2d 974 (N.D. Cal. 2012),
rev’d and remanded, 750 F.3d 1339 (Fed. Cir. 2014), cert. denied,
135 S. Ct. 2887 (2015)��5, 76, 410–11
Oracle America, Inc. v Google LLC, 886 F.3d 1179 (Fed. Cir. 2018) �� 76
Polaroid Corp v Polarad Elecs Corp, 287 F.2d 492, 495 (2d Cir. 1961)�� 194
Sega Enterprises Ltd v Accolade Inc., 977 F.2d 1510 (9th Cir. 1992) �� 80, 209
Sebastian Int’l Inc v Longs Drugs Stores Corp, 53 F.3d 1073, 1076 (9th Cir. 1995)�� 199
Shain Inv Co v Cohen, 443 N.E.2d 126, 129 (Mass. App. Ct. 1982) ��201–2
SoftMan Products Co., LLC v Adobe Systems, Inc. (2001) 171 F.Supp.2d 1075��26–27
Software Freedom Conservancy, Inc. v Vizio, Inc. Case No. 8:21–cv-01943,
Notice of Removal of Action to Federal Court (C. D. Cal. 29 November 2021)
(Vizio federal case)�� 106
Sound View Innovations, LLC v. Facebook, Inc. Case No. 1:16–cv-00116–RGA
(D. Del. 2019)��250–51
Sound View Innovations, LLC v Hulu, LLC, Case No. 2:17–cv-04146–JAK-PLA
(C. D. Cal. 2017)��250–51
Sound View Innovations, LLC v Sling TV LLC, Case No. 1:19–cv-03709–CMA-SKC
(D. Col. 2019)��250–51
Sound View Innovations, LLC v Hulu LLC, Case: 19–1865 (Fed. Cir. 2 July 2020)�� 250–51
St. Denis Parish v Van Straten, Cancellation No 92051378, 2011 WL 5014036,
at *4 (TTAB 28 September 2011)�� 202
State Street Bank & Trust v Signature Financial Services 149 F.3d 1368
(Fed Cir 1998) cert denied; 525 U.S. 1093 (1999)��219–20
Tiffany (NJ) Inc v eBay Inc, 600 F.3d 93, 102 (2d Cir. 2010) �� 205
UMG Recordings, Inc. v Augusto 628 F.3d 1175 (9th Cir. 2011) ��26–27
United States v. Arthrex, Inc., 594 U.S._, 141 S.Ct. 1970 (2021)��250–51
Universal City Studios, Inc. v Corley 273 F.3d 429 (2nd Cir. 2001) �� 10
Vernor v Autodesk, Inc., 621 F.3d 1102, C.A.9 (Wash).), 2010��26–27

Vizio federal case (Software Freedom Conservancy, Inc. v Vizio, Inc.
Case No. 8:21–cv-01943, Notice of Removal of Action to Federal Court
(C. D. Cal. 29 November 2021))�� 106
Vizio state case (Case No. 30–2021–01226723–CU-BC-CJC (Cal. Super. Ct.,
Orange County, filed 19 October 2021))�� 106
Wallace v Free Software Foundation Inc. (case no. 1:05–cv-00618–JDT-TAB) ��126–27, 372
White-Smith Music Publishing Co. v Apollo Co., 209 US 1 (1908)��72–73
Wofford v Apple Inc. (2011)(Case No 11–CV-0034 AJB NLS—unreported)�� 6
XimpleWare v Versata, Case No. 3:13cv5160 (N.D. Cal. 2013)��249–50
Zino Davidoff SA v CVS Corp., 571 F.3d 238, 243 (2d Cir. 2009)�� 200
Table of Legislation
EUROPEAN UNION Art 5�� 228

Art 5(1) �� 16
Decisions Art 5(2) �� 16
Commission Decisions Art 5(3) �� 16
Decision C(2008) 764 final of Art 6�� 228
27 February 2008 �� 377 Art 6(1) �� 16
Google Decision C(2018) 4761 Art 6(1)(b)�� 29
final of 18.7.2018��373–74 Directives 92/50/EEC (Public Services
paras 1038–1046�� 373 Contracts)��432–33
paras 1114–1154�� 373 Directive 93/36/EEC (Public Supply
paras 1398–1399�� 374 Contracts)��432–33
Monti decision, Case COMP/C-3/37.792, Directive 93/37/EEC (Public Works
Decision of March 2004 ��374, 377 Contracts)��432–33
Oracle/Sun Microsystems, Case Directive 96/9/EC of the European
No. COMP/M.5529, Decision Parliament and of the Council
of 21/01/2010 �� 373, 380, 381–82 on the legal protection of
databases [1996] OJ L77/20��527–28
EPO Board of Appeal Decisions Directive 01/29/EC ‘on the
Computer program I/IBM harmonisation of certain aspects
(T1173/97) �� 218 of copyright and related rights in
Computer program II/IBM the information society’
(T 0935/97)�� 218 (OJ L167/10, 22.6.2001)
Hitachi Decision T 03/0258�� 219 (Information Society Directive)�� 23
Ricoh Decision T 03/0172�� 219 Art 1(2)(a)�� 5–6
Art 3�� 27
Directives Art 5��16–17
Directive 71/305 co-ordinating Art 6(4) �� 5–6
procedures for the award of Directive 2002/21/EC of the European
public works contracts�� 432 Parliament and the Council of
Directive 77/62 in relation to public 7 March 2002 on a common
supply contracts�� 432 regulatory framework for electronic
Council Directive 91/250/EEC of communications networks and
14 May 1991 ‘on the legal services 2002 OJ L108/33 (the
protection of computer Electronic communications
programs’ (OJ L122/42, 17.5.1991), Framework Directive)��436–37
codified in 2009, as Directive Art 15�� 437
09/24/EC (OJ L111/16, 5.5.2009) Directive 2003/98/EC of the European
(Software Directive)��3–4, 5–6, 72 Parliament and of the Council on
Art 1(1) �� 4 the re-use of public sector
Art 1(2) �� 229 information [2003] OJ L345 as
Art 4(1)(b)�� 23 amended by Directive 2013/37/EU
Art 4(1)(c)�� 26 of the European Parliament and
Art 4(2) �� 27 of the Council [2013]��527–28
xxxviii Table of Legislation
Directive 2004/17/EC of the European programs’ Official Journal of the

Parliament and of the Council European Union, L 111/17,
of 31 March 2004 coordinating no. 11 (5 May 2009) �� 75t, 75–76
the procurement procedures of Directive 11/83/EU on consumer
entities operating in the water, rights (OJ L304/64, 22.11.2011)
energy, transport and postal Recital 19�� 6
services sectors [30 April 2004] Art 5(1)(h)�� 6
OJ L134/1 (The Utilities Art 6(1)(s)�� 6
Directive)�� 432 Directive 2012/28/EU ‘on certain
Directive 2004/18/EC of the permitted uses of orphan works’
European Parliament and of the (OJ L299/5, 27.10.2012)�� 17
Council of 31 March 2004 on Directive 2014/23/EU of the
the coordination of procedures European Parliament and of the
for the award of public works Council of 26 February 2014
contracts, public supply contracts on the award of concession
and public service contracts contracts [28th March 2014] OJ
[20 April 2004] OJ L134/114 L94/1 (Concessions Directive)�� 432
(The Public Sector Directive), Art 8�� 432
recast 2014�� 432, 434–35, 439, Directive 2014/24/EU of the European
445, 446, 451–52 Parliament and of the Council of
Art 1(9) �� 436 26th February 2014 and repealing
Art 23�� 442 Directive 2004/18/EC on Public
Art 53�� 441 Procurement [28 March 2014]
Art 67(2) ��451–52, 453 OJ L94/65 (Public Procurement
Directive 2004/48 [of the European Directive) ��432, 433
Parliament and of the Council Pt 3��436–37
of 29 April 2004 on the Art 2(1)(5)�� 437
enforcement of intellectual Art 4�� 432
property rights �� 225 Art 7��436–37
Art 2(1) �� 105 Art 8��436–37
Directive 2006/114/EC of the Art 12��436–37
European Parliament and of the Art 15(2) ��436–37
Council of 12 December 2006 Art 15(3) ��436–37
concerning misleading and Directive 2014/25/EU of the European
comparative advertising (2006) Parliament and of the Council of
(Advertising Directive)�� 205 26 February 2014 on procurement
Art 4�� 205 by entities operating in the water,
Directive 2007/66/EC of the European energy, transport and postal
Parliament and of the Council services sectors and repealing
of 11 December 2007 amending Directive 2004/17/EC [28 March
Council Directives 89/665/EEC 2014] OJ L94/243 (Utilities
and 92/13/EEC with regard to (Sectors) Directive)��432, 436–37
improving the effectiveness of Art 15�� 432
review procedures concerning Directive (EU) 2015/2436 of the
the award of public contracts European Parliament and of the
[20 December 2007] OJ L335/31 Council of 16 December 2015
(The Remedies Directive)�� 432 to approximate the laws of the
Directive 2009/24/EC of the Member States relating to trade
European Parliament and of the marks (Trademark Directive)
Council of 23 April 2009 on the Art 4(c)�� 189
legal protection of computer Art 15�� 199
Table of Legislation xxxix
Regulations VOL/A Vergabe-und Vertragsordnung

EC Merger Regulation no. 139/2004 �� 378 für Leistungen, Teil A (Procurement
Council Regulation (EC) 428/2009 Order applicable to services) ��445
(EU Dual-Use Regulation) (as
amended, including by Council ITALY
Regulation (EU) No 1232/2011) �� 279
Annex I �� 279 Codice dell’Amministrazione
Regulation (EU) 2016/679 of the Digitale’ Dlgs no 82/2005
European Parliament and of Art 4�� 447
the Council on the protection Art 6.1 �� 447
of natural persons with regard Art 6.2 �� 447
to the processing of personal Art 6.4 �� 447
data and on the free movement Art 5�� 447
of such data (General Data Art 68�� 447
Protection Regulation) [2016] Constitution of Italy (1947)
OJ L119 (GDPR)��323–24, 528 Art 117�� 448
Art 4(1) �� 528
Regulation (EU) 2017/1001 of the POLAND
European Parliament and of the
Council of 14 June 2017 on the Constitution of Poland (1997)
European Union trade mark Art 32��448–49
(EU Trademark Regulation) Law of 29 January 2004 on
Art 9(2)(b)�� 186, 195 Public Procurement Dz U
Art 9(2)(c)�� 186, 195 z 2019, r, poz 1843�� 449
Art 74�� 192 Art 7�� 449
Art 83(2) ��191–92 Law of 11 September 2019 on
Public Procurement Dz U
z 2019 poz 2019�� 449
FRANCE
Code des Marchés Publics (Code of SPAIN
Public Procurement Contracts)
Art R211–7 �� 446 Ley 11/1986 de Patentes�� 217
Art 6, IV��450–51 Art 4��217–18
Intellectual Property Code
Art L 121–2�� 11 UNITED KINGDOM
Art L 121–4�� 11
Primary legislation
GERMANY Copyright Designs and Patents
Act 1988 (CDPA)�� 4
Civil Code Ch IV�� 11
ss 305 et seq.�� 130 s 12(2)�� 16
s 305�� 130 ss 16–21��75t
s 307�� 130 s 18(3)�� 26
s 309�� 130 s 21(3)(ab)�� 23
Copyright Act s 29�� 80
s 9��133–34 ss 50A–50C�� 80
GWB (Act Against Restraints of ss 77–89�� 11
Competition) s 77(2)��12–13
s 97(1)�� 445 s 78�� 12
VGV Vergabeverordnung s 87(2)��11–12
(Procurement Order)�� 445 s 88��13–14
xl Table of Legislation
s 94��11–12 Hart–Scott–Rodino Act 1976�� 378

s 104�� 12 Patent Act—35 USC
s 296ZB �� 5–6 Art 112�� 254
Data Protection Act 2018�� 528 Revised Uniform Partnership
European Union Withdrawal Act 2018 Act 1997��201–2
s 2��455–56 Trademark Act of 1946, as amended,
Freedom of Information Act 2000 �� 526 15 USC (2018) (Lanham Act)�� 186
Freedom of Information (Scotland) § 1052(e)(1)�� 189
Act 2000�� 526 § 1125(a) �� 186, 195
Patents Act 1977 (as amended § 1126(e) �� 190
1 October 2014) �� 217 § 1127��191–92
s 29�� 18 § 1129�� 210
s 36–2(a) �� 229 US Tax Code
s 60�� 214 s 501c3�� 388
Public General Acts 1911 US Code (U.S.C.)
c. 46��72–73 15 USC § 1125(a) �� 186
Pt I ��72–73 15 US Code § 2301(1) (1975) �� 91
s 1(2)(d)��72–73 17 USC § 101��4, 23, 89, 133–34
Trade Marks Act 1994 17 USC § 102��72–73
s 45�� 18 17 USC § 102(b)�� 16
17 USC § 105��16, 463–64
Secondary legislation 17 USC § 106��75t
Environmental Information 17 USC § 106(2)�� 23
17 USC § 106A �� 11
Regulations 2004 �� 526
17 USC § 107�� 16–17, 78–79, 80
Export Control Order 2008
17 USC § 109(a) �� 26
Sch 2�� 278
17 USC § 117�� 16
Sch 3�� 278, 279
17 USC § 1201��90–91
Public Contracts Regulations 2015
17 USC § 1201(f)(1)�� 29
SI 2015/102�� 455
17 USC § 1204�� 5–6
Public Contracts (Scotland)
35 USC § 101�� 217, 220
Regulations 2015 SI 2015/446�� 455
35 USC § 103�� 217, 220
UK Statutory Instruments 1992
35 USC § 112�� 220, 254
No. 3233 The Copyright (Computer
35 USC § 271(a) �� 214
Programs) Regulations �� 72
35 USC § 302��245–46
US Code of Federal
UNITED STATES Regulations (CFR)
America Invents Act of September 48 CFR, Chapter 1 �� 462
2011, HR 1246 (112th), now 48 CFR, Chapter 1, § 2.101 �� 462
Public Law 112–29, Statutes at 48 CFR, Chapter 2 �� 462
Large, 125 Stat. 284 through Visual Artists’ Rights Act 1990�� 11
125 Stat. 341 (2012) ��244, 245–46
Constitution of the United States (1787) Regulations
First Amendment�� 9 Defense Federal Acquisition
Consumers Legal Remedies Act�� 6 Regulations (DFARS)��462–63
Copyright Act 1980 �� 72 Export Administration
Copyright Law 17 USC (2010) Regulations (EAR)��276–78
§ 101��89, 133–34 Federal Acquisition Regulations
§ 106��75t (FARS)��462–63
Digital Millennium Copyright Act International Traffic in Arms
(DMCA)(1998)��90–91 Regulations (ITAR) �� 276
Table of Legislation xli
INTERNATIONAL General Agreement on Trade in

INSTRUMENTS Services (GATS)�� 431
General Agreement on Tariffs and
(alphabetical list) Trade (GATT)�� 431
Aarhus Convention (1998)�� 526 Nice Convention Concerning the
Agreement on Government Procurement International Classification of
(GPA)(1979) and (2014) ��431, 456 Goods and Services For the
Agreement on Trade-Related Aspects Purposes of the Registration
of Intellectual Property Rights of Marks, 14 June 1957, as last
(TRIPS Agreement) revised at Geneva, 2 October
Art 9(1) �� 13 1979, 550 UNTS 45�� 190
Art 9(2) �� 16 Paris Convention for the protection of
Agreement on a Unified Patent industrial property of March 20,
Court, UPC/en 34 n. 1 1883, as revised at Brussels on
(19 February 2013)�� 217–18, 224–25 14 December 1900, at Washington
Berne Convention for the Protection on 2 June 1911, at The Hague on
of Literary and Artistic Works 6 November 1925, at London
(9 September 1886; as revised on 2 June 1934, at Lisbon on 31
through 28 September 1979)�� 11, October 1958, and at Stockholm
13, 74, 75t, 302, 501–2 on 14 July 1967, 828 UNTS 305
Art 2(3) �� 23 (Paris Convention)�� 193
Art 6bis(a)�� 11 Art 6bis��190–91
Art 7(1) �� 16 Art 6 septies�� 193
Art 8��75t Protocol Relating to the Madrid
Art 9��75t Agreement Concerning the
Art 11��75t International Registration of
Art 11bis��75t Marks, adopted at Madrid, 27 June
Art 11ter��75t 1989, as amended on 3 October
Art 12��75t 2006, and on 12 November 2007��191
Art 14��75t Treaty on European Union (TEU)�� 438
Charter of Fundamental Rights of Art 3(3) �� 431
the European Union (2007) Treaty on the Functioning of the
Art 11�� 9 European Union (TFEU)��432–34,
Art 17�� 9 438, 465–66
Convention for the Protection of Pt 3�� 431
Human Rights and Fundamental Title I�� 431
Freedoms (1950) Art 26�� 431
Art 10�� 9 Art 27�� 431
First Protocol, Art 1�� 9 Art 102��370–71
Council of Europe Convention on TRIPS Agreement see Agreement
Cybercrime (2001) on Trade-Related Aspects of
Art 32(a) ��15–16 Intellectual Property Rights
European Patent Convention (EPC)��217–55 WIPO Copyright Treaty (1996) �� 5–6, 26
Art 52�� 217 Art 2�� 16
Art 52(2) ��218–19 Art 4�� 3–4
Art 52(2)(c)�� 16 Art 6(2) �� 26
Art 52(3) ��218–19 Art 8�� 27
Art 83�� 254 Withdrawal Agreement (2020)�� 455–56
Introduction
Amanda Brock, Editor
‘Never doubt that a small group of thoughtful, committed citizens can

change the world: indeed, it’s the only thing that ever has.’
American Cultural Anthropologist, Margaret Mead
It has been a true privilege to be part of a small group of thoughtful, committed

citizens (which grew to be a big group) over the fourteen years since I first stum-
bled into Open Source by joining Canonical, in February 2008. Open Source is
undoubtedly changing the world through collaboration, and the community gen-
erated from this collaboration is special to me.
I use the word community a lot. If you wonder what I mean by it, I am refer-
ring to the ecosystem of people working and contributing to Open Source software
codebases and their environments. Tolerance and understanding sit at the heart of
community. It is certainly at the heart of our Open Source legal and policy com-
munity and most definitely my Open Source community, a group of people, ever
increasing, who have become an extended family to me, working collaboratively to
ensure the sustainability of our technology ecosystem.
Most of those I asked to contribute agreed to write for this book. None of them
were paid. They have deep expertise and I am humbled to edit their work. I am
extraordinarily grateful.
None of them are your lawyers and none are giving you legal advice. They have
shared the benefit of years of experience and hard work. I hope that you will find
this book helpful, but it cannot be a substitute for you taking legal advice when you
need it. Also, each author has written their individual contributions and none have
reviewed or endorsed the others’. End of disclaimer ;-). Please use the book freely
and I hope it helps you to collaborate and build great things.
The first edition, edited by Noam Shentov and Ian Walden, was an inspiration
and has allowed us to expand this edition into a more global text. Their work at
Queen Mary, my alma mater, is greatly appreciated. Thanks to Oxford University
Press for recognising the need for this publication in its first edition.
The excitement of having the Vietsch Foundation fund this book being open ac-
cess is hard for me to express. I could not be more grateful to them and to NLNet’s
Michiel Leenars, for helping me to find that funding. Thank you both. This book
being open access is a gift to anyone who wishes to teach Open Source. Herein lies
xliv Introduction
your curriculum for the non-coding aspects of Open Source. There is no better
source today. There is no similar text. It is also a gift to communities and businesses
on their journey through Open Source maturation and learning how to curate
their Open Source software.
This book is a one-off. It would take decades to pull together the experience to
create a similar work. I will not edit a third version alone, as I could never have
foreseen the scale of work involved, and any future versions will be edited with
co-editors only.
Thank you to all of the Open Source projects who have allowed us to use their
logos for the cover. I love that we were able to make this happen.
Another random document with
no related content on Scribd:
“Look Ellie let’s have another cocktail.”
“Allright.”
“I must get hold of him and get some stories about bootleggers
out of him.”
When he stretched his legs out under the table he touched her
feet. She drew them away. Jimmy could feel his jaws chewing, they
clanked so loud under his cheeks he thought Ellie must hear them.
She sat opposite him in a gray tailoredsuit, her neck curving up
heartbreakingly from the ivory V left by the crisp frilled collar of her
blouse, her head tilted under her tight gray hat, her lips made up;
cutting up little pieces of meat and not eating them, not saying a
word.
“Gosh ... let’s have another cocktail.” He felt paralyzed like in a
nightmare; she was a porcelaine figure under a bellglass. A current
of fresh snowrinsed air from somewhere eddied all of a sudden
through the blurred packed jangling glare of the restaurant, cut the
reek of food and drink and tobacco. For an instant he caught the
smell of her hair. The cocktails burned in him. God I dont want to
pass out.
Sitting in the restaurant of the Gare de Lyon, side by side on the
black leather bench. His cheek brushes hers when he reaches to put
herring, butter, sardines, anchovies, sausage on her plate. They eat
in a hurry, gobbling, giggling, gulp wine, start at every screech of an
engine....
The train pulls out of Avignon, they two awake, looking in each
other’s eyes in the compartment full of sleep-sodden snoring people.
He lurches clambering over tangled legs, to smoke a cigarette at the
end of the dim oscillating corridor. Diddledeump, going south,
Diddledeump, going south, sing the wheels over the rails down the
valley of the Rhone. Leaning in the window, smoking a broken
cigarette, trying to smoke a crumbling cigarette, holding a finger over
the torn place. Glubglub glubglub from the bushes, from the
silverdripping poplars along the track.
“Ellie, Ellie there are nightingales singing along the track.”
“Oh I was asleep darling.” She gropes to him stumbling across the
legs of sleepers. Side by side in the window in the lurching jiggling
corridor.
Deedledeump, going south. Gasp of nightingales along the track
among the silverdripping poplars. The insane cloudy night of
moonlight smells of gardens garlic rivers freshdunged field roses.
Gasp of nightingales.
Opposite him the Elliedoll was speaking. “He says the
lobstersalad’s all out.... Isnt that discouraging?”
Suddenly he had his tongue. “Gosh if that were the only thing.”
“What do you mean?”
“Why did we come back to this rotten town anyway?”
“You’ve been burbling about how wonderful it was ever since we
came back.”
“I know. I guess it’s sour grapes.... I’m going to have another
cocktail.... Ellie for heaven’s sake what’s the matter with us?”
“We’re going to be sick if we keep this up I tell you.”
“Well let’s be sick.... Let’s be good and sick.”
When they sit up in the great bed they can see across the harbor,
can see the yards of a windjammer and a white sloop and a red and
green toy tug and plainfaced houses opposite beyond a peacock
stripe of water; when they lie down they can see gulls in the sky. At
dusk dressing rockily, shakily stumbling through the mildewed
corridors of the hotel out into streets noisy as a brass band, full of
tambourine rattle, brassy shine, crystal glitter, honk and whir of
motors.... Alone together in the dusk drinking sherry under a broad-
leaved plane, alone together in the juggled particolored crowds like
people invisible. And the spring night comes up over the sea terrible
out of Africa and settles about them.
They had finished their coffee. Jimmy had drunk his very slowly
as if some agony waited for him when he finished it.
“Well I was afraid we’d find the Barneys here,” said Ellen.
“Do they know about this place?”
“You brought them here yourself Jimps.... And that dreadful
woman insisted on talking babies with me all the evening. I hate
talking babies.”
“Gosh I wish we could go to a show.”
“It would be too late anyway.”
“And just spending money I havent got.... Lets have a cognac to
top off with. I don’t care if it ruins us.”
“It probably will in more ways than one.”
“Well Ellie, here’s to the breadwinner who’s taken up the white
man’s burden.”
“Why Jimmy I think it’ll be rather fun to have an editorial job for a
while.”
“I’d find it fun to have any kind of job.... Well I can always stay
home and mind the baby.”
“Dont be so bitter Jimmy, it’s just temporary.”
“Life’s just temporary for that matter.”
The taxi drew up. Jimmy paid him with his last dollar. Ellie had her
key in the outside door. The street was a confusion of driving
absintheblurred snow. The door of their apartment closed behind
them. Chairs, tables, books, windowcurtains crowded about them
bitter with the dust of yesterday, the day before, the day before that.
Smells of diapers and coffeepots and typewriter oil and Dutch
Cleanser oppressed them. Ellen put out the empty milkbottle and
went to bed. Jimmy kept walking nervously about the front room. His
drunkenness ebbed away leaving him icily sober. In the empty
chamber of his brain a doublefaced word clinked like a coin: Success
Failure, Success Failure.
I’m just wild about Harree

And Harry’s just wild about me
she hums under her breath as she dances. It’s a long hall with a
band at one end, lit greenishly by two clusters of electric lights
hanging among paper festoons in the center. At the end where the
door is, a varnished rail holds back the line of men. This one Anna’s
dancing with is a tall square built Swede, his big feet trail clumsily
after her tiny lightly tripping feet. The music stops. Now it’s a little
blackhaired slender Jew. He tries to snuggle close.
“Quit that.” She holds him away from her.
“Aw have a heart.”
She doesn’t answer, dances with cold precision; she’s sickeningly
tired.
Me and my boyfriend
My boyfriend and I
An Italian breathes garlic in her face, a marine sergeant, a Greek,
a blond young kid with pink cheeks, she gives him a smile; a
drunken elderly man who tries to kiss her ... Charley my boy O
Charley my boy ... slickhaired, freckled rumplehaired, pimplefaced,
snubnosed, straightnosed, quick dancers, heavy dancers.... Goin
souf.... Wid de taste o de sugarcane right in my mouf ... against her
back big hands, hot hands, sweaty hands, cold hands, while her
dancechecks mount up, get to be a wad in her fist. This one’s a good
waltzer, genteel-like in a black suit.
“Gee I’m tired,” she whispers.
“Dancing never tires me.”
“Oh it’s dancin with everybody like this.”
“Dont you want to come an dance with me all alone somewhere?”
“Boyfrien’s waitin for me after.”
With nothing but a photograph
To tell my troubles to ...
What’ll I do...?
“What time’s it?” she asks a broadchested wise guy. “Time you an
me was akwainted, sister....” She shakes her head. Suddenly the
music bursts into Auld Lang Syne. She breaks away from him and
runs to the desk in a crowd of girls elbowing to turn in their
dancechecks. “Say Anna,” says a broadhipped blond girl ... “did ye
see that sap was dancin wid me?... He says to me the sap he says
See you later an I says to him the sap I says see yez in hell foist ...
an then he says, Goily he says ...”
III. Revolving Doors
G
lowworm trains shuttle in the gloaming
through the foggy looms of spiderweb
bridges, elevators soar and drop in their
shafts, harbor lights wink.
Like sap at the first frost at five o’clock
men and women begin to drain gradually out
of the tall buildings downtown, grayfaced
throngs flood subways and tubes, vanish
underground.
All night the great buildings stand quiet
and empty, their million windows dark.
Drooling light the ferries chew tracks across
the lacquered harbor. At midnight the
fourfunneled express steamers slide into the
dark out of their glary berths. Bankers
blearyeyed from secret conferences hear the
hooting of the tugs as they are let out of side
doors by lightningbug watchmen; they settle
grunting into the back seats of limousines,
and are whisked uptown into the Forties,
clinking streets of ginwhite whiskey-yellow
ciderfizzling lights.
he sat at the dressingtable coiling her hair. He stood over her

S with the lavender suspenders hanging from his dress trousers
prodding the diamond studs into his shirt with stumpy fingers.
“Jake I wish we were out of it,” she whined through the hairpins in
her mouth.
“Out of what Rosie?”
“The Prudence Promotion Company.... Honest I’m worried.”
“Why everything’s goin swell. We’ve got to bluff out Nichols that’s
all.”
“Suppose he prosecutes?”
“Oh he wont. He’d lose a lot of money by it. He’d much better
come in with us.... I can pay him in cash in a week anyways. If we
can keep him thinkin we got money we’ll have him eatin out of our
hands. Didn’t he say he’d be at the El Fey tonight?”
Rosie had just put a rhinestone comb into the coil of her black
hair. She nodded and got to her feet. She was a plump broadhipped
woman with big black eyes and higharched eyebrows. She wore a
corset trimmed with yellow lace and a pink silk chemise.
“Put on everythin you’ve got Rosie. I want yez all dressed up like
a Christmas tree. We’re goin to the El Fey an stare Nichols down
tonight. Then tomorrer I’ll go round and put the proposition up to
him.... Lets have a little snifter anyways ...” He went to the phone.
“Send up some cracked ice and a couple of bottles of White Rock to
four o four. Silverman’s the name. Make it snappy.”
“Jake let’s make a getaway,” Rosie cried suddenly. She stood in
the closet door with a dress over her arm. “I cant stand all this
worry.... It’s killin me. Let’s you an me beat it to Paris or Havana or
somewheres and start out fresh.”
“Then we would be up the creek. You can be extradited for grand
larceny. Jez you wouldnt have me goin round with dark glasses and
false whiskers all my life.”
Rosie laughed. “No I guess you wouldnt look so good in a fake
zit.... Oh I wish we were really married at least.”
“Dont make no difference between us Rosie. Then they’d be after
me for bigamy too. That’d be pretty.”
Rosie shuddered at the bellboy’s knock. Jake Silverman put the
tray with its clinking bowl of ice on the bureau and fetched a square
whiskeybottle out of the wardrobe.
“Dont pour out any for me. I havent got the heart for it.”
“Kid you’ve got to pull yourself together. Put on the glad rags an
we’ll go to a show. Hell I been in lots o tighter holes than this.” With
his highball in his hand he went to the phone. “I want the
newsstand.... Hello cutie.... Sure I’m an old friend of yours.... Sure
you know me.... Look could you get me two seats for the Follies....
That’s the idear.... No I cant sit back of the eighth row.... That’s a
good little girl.... An you’ll call me in ten minutes will you dearie?”
“Say Jake is there really any borax in that lake?”
“Sure there is. Aint we got the affidavit of four experts?”
“Sure. I was just kinder wonderin.... Say Jake if this ever gets
wound up will you promise me not to go in for any more wildcat
schemes?”
“Sure; I wont need to.... My you’re a redhot mommer in that
dress.”
“Do you like it?”
“You look like Brazil ... I dunno ... kinder tropical.”
“That’s the secret of my dangerous charm.”
The phone rang jingling sharp. They jumped to their feet. She
pressed the side of her hand against her lips.
“Two in the fourth row. That’s fine.... We’ll be right down an get em
... Jez Rosie you cant go on being jumpy like; you’re gettin me all
shot too. Pull yerself together why cant you?”
“Let’s go out an eat Jake. I havent had anything but buttermilk all
day. I guess I’ll stop tryin to reduce. This worryin’ll make me thin
enough.”
“You got to quit it Rosie.... It’s gettin my nerve.”
They stopped at the flowerstall in the lobby. “I want a gardenia” he
said. He puffed his chest out and smiled his curlylipped smile as the
girl fixed it in the buttonhole of his dinnercoat. “What’ll you have
dear?” he turned grandiloquently to Rosie. She puckered her mouth.
“I dont just know what’ll go with my dress.”
“While you’re deciding I’ll go get the theater tickets.” With his
overcoat open and turned back to show the white puffedout shirtfront
and his cuffs shot out over his thick hands he strutted over to the
newsstand. Out of the corner of her eye while the ends of the red
roses were being wrapped in silver paper Rosie could see him
leaning across the magazines talking babytalk to the blond girl. He
came back brighteyed with a roll of bills in his hand. She pinned the
roses on her fur coat, put her arm in his and together they went
through the revolving doors into the cold glistening electric night.
“Taxi,” he yapped.
The diningroom smelled of toast and coffee and the New York
Times. The Merivales were breakfasting to electric light. Sleet beat
against the windows. “Well Paramount’s fallen off five points more,”
said James from behind the paper.
“Oh James I think its horrid to be such a tease,” whined Maisie
who was drinking her coffee in little henlike sips.
“And anyway,” said Mrs. Merivale, “Jack’s not with Paramount any
more. He’s doing publicity for the Famous Players.”
“He’s coming east in two weeks. He says he hopes to be here for
the first of the year.”
“Did you get another wire Maisie?”
Maisie nodded. “Do you know James, Jack never will write a
letter. He always telegraphs,” said Mrs. Merivale through the paper
at her son. “He certainly keeps the house choked up with flowers,”
growled James from behind the paper.
“All by telegraph,” said Mrs. Merivale triumphantly.
James put down his paper. “Well I hope he’s as good a fellow as
he seems to be.”
“Oh James you’re horrid about Jack.... I think it’s mean.” She got
to her feet and went through the curtains into the parlor.
“Well if he’s going to be my brother-in-law, I think I ought to have a
say in picking him,” he grumbled.
Mrs. Merivale went after her. “Come back and finish your
breakfast Maisie, he’s just a terrible tease.”
“I wont have him talk that way about Jack.”
“But Maisie I think Jack’s a dear boy.” She put her arm round her
daughter and led her back to the table. “He’s so simple and I know
he has good impulses.... I’m sure he’s going to make you very
happy.” Maisie sat down again pouting under the pink bow of her
boudoir cap. “Mother may I have another cup of coffee?”
“Deary you know you oughtnt to drink two cups. Dr. Fernald said
that was what was making you so nervous.”
“Just a little bit mother very weak. I want to finish this muffin and I
simply cant eat it without something to wash it down, and you know
you dont want me to lose any more weight.” James pushed back his
chair and went out with the Times under his arm. “It’s half past eight
James,” said Mrs. Merivale. “He’s likely to take an hour when he gets
in there with that paper.”
“Well,” said Maisie peevishly. “I think I’ll go back to bed. I think it’s
silly the way we all get up to breakfast. There’s something so vulgar
about it mother. Nobody does it any more. At the Perkinses’ it comes
up to you in bed on a tray.”
“But James has to be at the bank at nine.”
“That’s no reason why we should drag ourselves out of bed.
That’s how people get their faces all full of wrinkles.”
“But we wouldn’t see James until dinnertime, and I like to get up
early. The morning’s the loveliest part of the day.” Maisie yawned
desperately.
James appeared in the doorway to the hall running a brush round
his hat.
“What did you do with the paper James?”
“Oh I left it in there.”
“I’ll get it, never mind.... My dear you’ve got your stickpin in
crooked. I’ll fix it.... There.” Mrs. Merivale put her hands on his
shoulders and looked in her son’s face. He wore a dark gray suit with
a faint green stripe in it, an olive green knitted necktie with a small
gold nugget stickpin, olive green woolen socks with black clockmarks
and dark red Oxford shoes, their laces neatly tied with doubleknots
that never came undone. “James arent you carrying your cane?” He
had an olive green woolen muffler round his neck and was slipping
into his dark brown winter overcoat. “I notice the younger men down
there dont carry them, mother ... People might think it was a little ... I
dont know ...”
“But Mr. Perkins carries a cane with a gold parrothead.”
“Yes but he’s one of the vicepresidents, he can do what he likes....
But I’ve got to run.” James Merivale hastily kissed his mother and
sister. He put on his gloves going down in the elevator. Ducking his
head into the sleety wind he walked quickly east along
Seventysecond. At the subway entrance he bought a Tribune and
hustled down the steps to the jammed soursmelling platform.
Chicago! Chicago! came in bursts out of the shut phonograph.

Tony Hunter, slim in a black closecut suit, was dancing with a girl
who kept putting her mass of curly ashblond hair on his shoulder.
They were alone in the hotel sitting room.
“Sweetness you’re a lovely dancer,” she cooed snuggling closer.
“Think so Nevada?”
“Um-hum ... Sweetness have you noticed something about me?”
“What’s that Nevada?”
“Havent you noticed something about my eyes?”
“They’re the loveliest little eyes in the world.”
“Yes but there’s something about them.”
“You mean that one of them’s green and the other one brown.”
“Oh it noticed the tweet lil ting.” She tilted her mouth up at him. He
kissed it. The record came to an end. They both ran over to stop it.
“That wasnt much of a kiss, Tony,” said Nevada Jones tossing her
curls out of her eyes. They put on Shuffle Along.
“Say Tony,” she said when they had started dancing again. “What
did the psychoanalyst say when you went to see him yesterday?”
“Oh nothing much, we just talked,” said Tony with a sigh. “He said
it was all imaginary. He suggested I get to know some girls better.
He’s all right. He doesn’t know what he’s talking about though. He
cant do anything.”
“I bet you I could.”
They stopped dancing and looked at each other with the blood
burning in their faces.
“Knowing you Nevada,” he said in a doleful tone “has meant more
to me ... You’re so decent to me. Everybody’s always been so nasty.”
“Aint he solemn though?” She walked over thoughtfully and
stopped the phonograph.
“Some joke on George I’ll say.”
“I feel horribly about it. He’s been so decent.... And after all I could
never have afforded to go to Dr. Baumgardt at all.”
“It’s his own fault. He’s a damn fool.... If he thinks he can buy me
with a little hotel accommodation and theater tickets he’s got another
think coming. But honestly Tony you must keep on with that doctor.
He did wonders with Glenn Gaston.... He thought he was that way
until he was thirtyfive years old and the latest thing I hear he’s
married an had a pair of twins.... Now give me a real kiss sweetest.
Thataboy. Let’s dance some more. Gee you’re a beautiful dancer.
Kids like you always are. I dont know why it is....”
The phone cut into the room suddenly with a glittering sawtooth
ring. “Hello.... Yes this is Miss Jones.... Why of course George I’m
waiting for you....” She put up the receiver. “Great snakes, Tony beat
it. I’ll call you later. Dont go down in the elevator you’ll meet him
coming up.” Tony Hunter melted out the door. Nevada put Baby ...
Babee Deewine on the phonograph and strode nervously about the
room, straightening chairs, patting her tight short curls into place.
“Oh George I thought you werent comin.... How do you do Mr.
McNiel? I dunno why I’m all jumpy today. I thought you were never
comin. Let’s get some lunch up. I’m that hungry.”
George Baldwin put his derby hat and stick on a table in the
corner. “What’ll you have Gus?” he said. “Sure I always take a lamb
chop an a baked potato.”
“I’m just taking crackers and milk, my stomach’s a little out of
order.... Nevada see if you cant frisk up a highball for Mr. McNiel.”
“Well I could do with a highball George.”
“George order me half a broiled chicken lobster and some
alligator pear salad,” screeched Nevada from the bathroom where
she was cracking ice.
“She’s the greatest girl for lobster,” said Baldwin laughing as he
went to the phone.
She came back from the bathroom with two highballs on a tray;
she had put a scarlet and parrotgreen batik scarf round her neck.
“Just you an me’s drinkin Mr. McNiel.... George is on the water
wagon. Doctor’s orders.”
“Nevada what do you say we go to a musical show this
afternoon? There’s a lot of business I want to get off my mind.”
“I just love matinees. Do you mind if we take Tony Hunter. He
called up he was lonesome and wanted to come round this
afternoon. He’s not workin this week.”
“All right.... Nevada will you excuse us if we talk business for just
a second over here by the window. We’ll forget it by the time lunch
comes.”
“All righty I’ll change my dress.”
“Sit down here Gus.”
They sat silent a moment looking out of the window at the red
girder cage of the building under construction next door. “Well Gus,”
said Baldwin suddenly harshly, “I’m in the race.”
“Good for you George, we need men like you.”
“I’m going to run on a Reform ticket.”
“The hell you are?”
“I wanted to tell you Gus rather than have you hear it by a
roundabout way.”
“Who’s goin to elect you?”
“Oh I’ve got my backing.... I’ll have a good press.”
“Press hell.... We’ve got the voters.... But Goddam it if it hadn’t
been for me your name never would have come up for district
attorney at all.”
“I know you’ve always been a good friend of mine and I hope
you’ll continue to be.”
“I never went back on a guy yet, but Jez, George, it’s give and
take in this world.”
“Well,” broke in Nevada advancing towards them with little
dancesteps, wearing a flamingo pink silk dress, “havent you boys
argued enough yet?”
“We’re through,” growled Gus. “... Say Miss Nevada, how did you
get that name?”
“I was born in Reno.... My mother’d gone there to get a divorce....
Gosh she was sore.... Certainly put my foot in it that time.”
Anna Cohen stands behind the counter under the sign The Best
Sandwich in New York. Her feet ache in her pointed shoes with
runover heels.
“Well I guess they’ll begin soon or else we’re in for a slack day,”
says the sodashaker beside her. He’s a raw-faced man with a sharp
adamsapple. “It allus comes all of a rush like.”
“Yeh, looks like they all got the same idear at the same time.”
They stand looking out through the glass partition at the endless files
of people jostling in and out of the subway. All at once she slips away
from the counter and back into the stuffy kitchenette where a stout
elderly woman is tidying up the stove. There is a mirror hanging on a
nail in the corner. Anna fetches a powderbox from the pocket of her
coat on the rack and starts powdering her nose. She stands a
second with the tiny puff poised looking at her broad face with the
bangs across the forehead and the straight black bobbed hair. A
homely lookin kike, she says to herself bitterly. She is slipping back
to her place at the counter when she runs into the manager, a little
fat Italian with a greasy bald head. “Cant you do nutten but primp an
look in de glass all day?... Veree good you’re fired.”
She stares at his face sleek like an olive. “Kin I stay out my day?”
she stammers. He nods. “Getta move on; this aint no beauty parlor.”
She hustles back to her place at the counter. The stools are all full.
Girls, officeboys, grayfaced bookkeepers. “Chicken sandwich and a
cup o caufee.” “Cream cheese and olive sandwich and a glass of
buttermilk.”
“Chocolate sundae.”
“Egg sandwich, coffee and doughnuts.” “Cup of boullion.”
“Chicken broth.” “Chocolate icecream soda.” People eat hurriedly
without looking at each other, with their eyes on their plates, in their
cups. Behind the people sitting on stools those waiting nudge nearer.
Some eat standing up. Some turn their backs on the counter and eat
looking out through the glass partition and the sign hcnuL eniL
neerG at the jostling crowds filing in and out the subway through the
drabgreen gloom.
“Well Joey tell me all about it,” said Gus McNiel puffing a great
cloud of smoke out of his cigar and leaning back in his swivel chair.
“What are you guys up to over there in Flatbush?”
O’Keefe cleared his throat and shuffled his feet. “Well sir we got
an agitation committee.”
“I should say you had.... That aint no reason for raidin the
Garment Workers’ ball is it?”
“I didn’t have nothin to do with that.... The bunch got sore at all
these pacifists and reds.”
“That stuff was all right a year ago, but public sentiment’s changin.
I tell you Joe the people of this country are pretty well fed up with
war heroes.”
“We got a livewire organization over there.”
“I know you have Joe. I know you have. Trust you for that.... I’d
put the soft pedal on the bonus stuff though.... The State of New
York’s done its duty by the ex-service man.”
“That’s true enough.”
“A national bonus means taxes to the average business man and
nothing else.... Nobody wants no more taxes.”
“Still I think the boys have got it comin to em.”
“We’ve all of us got a whole lot comin to us we dont never get....
For crissake dont quote me on this.... Joey fetch yourself a cigar
from that box over there. Frien o mine sent em up from Havana by a
naval officer.”
“Thankye sir.”
“Go ahead take four or five.”
“Jez thank you.”
“Say Joey how’ll you boys line up on the mayoralty election?”
“That depends on the general attitude towards the needs of the
ex-service man.”
“Look here Joey you’re a smart feller ...”
“Oh they’ll line up all right. I kin talk em around.”
“How many guys have you got over there?”
“The Sheamus O’Rielly Post’s got three hundred members an
new ones signin up every day.... We’re gettin em from all over. We’re
goin to have a Christmas dance an some fights in the Armory if we
can get hold of any pugs.”
Gus McNiel threw back his head on his bullneck and laughed.
“Thataboy!”
“But honest the bonus is the only way we kin keep the boys
together.”
“Suppose I come over and talk to em some night.”
“That’d be all right, but they’re dead sot against anybody who aint
got a war record.”
McNiel flushed. “Come back feeling kinder smart, dont ye, you
guys from overseas?” He laughed. “That wont last more’n a year or
two.... I seen em come back from the Spanish American War,
remember that Joe.”
An officeboy came in an laid a card on the desk. “A lady to see
you Mr. McNiel.”
“All right show her in.... It’s that old bitch from the school board....
All right Joe, drop in again next week.... I’ll keep you in mind, you
and your army.”
Dougan was waiting in the outer office. He sidled up mysteriously.
“Well Joe, how’s things?”
“Pretty good,” said Joe puffing out his chest. “Gus tells me
Tammany’ll be right behind us in our drive for the bonus ... planning
a nation wide campaign. He gave me some cigars a friend o his
brought up by airplane from Havana.... Have one?” With their cigars
tilting up out of the corners of their mouths they walked briskly
cockily across City Hall square. Opposite the old City Hall there was
a scaffolding. Joe pointed at it with his cigar. “That there’s the new
statue of Civic Virtue the mayor’s havin set up.”
The steam of cooking wrenched at his knotted stomach as he

passed Child’s. Dawn was sifting fine gray dust over the black
ironcast city. Dutch Robertson despondently crossed Union Square,
remembering Francie’s warm bed, the spicy smell of her hair. He
pushed his hands deep in his empty pockets. Not a red, and Francie
couldn’t give him anything. He walked east past the hotel on
Fifteenth. A colored man was sweeping off the steps. Dutch looked
at him enviously; he’s got a job. Milkwagons jingled by. On
Stuyvesant Square a milkman brushed past him with a bottle in each
hand. Dutch stuck out his jaw and talked tough. “Give us a swig o
milk will yez?” The milkman was a frail pinkfaced youngster. His blue
eyes wilted. “Sure go round behind the wagon, there’s an open bottle
under the seat. Dont let nobody see you drink it.” He drank it in deep
gulps, sweet and soothing to his parched throat. Jez I didn’t need to
talk rough like that. He waited until the boy came back. “Thankye
buddy, that was mighty white.”
He walked into the chilly park and sat down on a bench. There
was hoarfrost on the asphalt. He picked up a torn piece of pink
evening newspaper. $500,000 Holdup. Bank Messenger Robbed in
Wall Street Rush Hour.
In the busiest part of the noon hour two men held up
Adolphus St. John, a bank messenger for the Guarantee
Trust Company, and snatched from his hands a satchel
containing a half a million dollars in bills ...
Dutch felt his heart pounding as he read the column. He was cold
all over. He got to his feet and began thrashing his arms about.
Congo stumped through the turnstile at the end of the L line.
Jimmy Herf followed him looking from one side to the other. Outside
it was dark, a blizzard wind whistled about their ears. A single Ford
sedan was waiting outside the station.
“How you like, Meester ’Erf?”
“Fine Congo. Is that water?”
“That Sheepshead Bay.”
They walked along the road, dodging an occasional bluesteel glint
of a puddle. The arclights had a look of shrunken grapes swaying in
the wind. To the right and left were flickering patches of houses in
the distance. They stopped at a long building propped on piles over
the water. Pool; Jimmy barely made out the letters on an unlighted
window. The door opened as they reached it. “Hello Mike,” said
Congo. “This is Meester ’Erf, a frien’ o mine.” The door closed
behind them. Inside it was black as an oven. A calloused hand
grabbed Jimmy’s hand in the dark.
“Glad to meet you,” said a voice.
“Say how did you find my hand?”
“Oh I kin see in the dark.” The voice laughed throatily.
By that time Congo had opened the inner door. Light streamed
through picking out billiard tables, a long bar at the end, racks of
cues. “This is Mike Cardinale,” said Congo. Jimmy found himself
standing beside a tall sallow shylooking man with bunchy black hair
growing low on his forehead. In the inner room were shelves full of
chinaware and a round table covered by a piece of mustardcolored
oilcloth. “Eh la patronne,” shouted Congo. A fat Frenchwoman with
red applecheeks came out through the further door; behind her came
a chiff of sizzling butter and garlic. “This is frien o mine.... Now
maybe we eat,” shouted Congo. “She my wife,” said Cardinale
proudly. “Very deaf.... Have to talk loud.” He turned and closed the
door to the large hall carefully and bolted it. “No see lights from
road,” he said. “In summer,” said Mrs. Cardinale, “sometime we give
a hundred meals a day, or a hundred an fifty maybe.”
“Havent you got a little peekmeup?” said Congo. He let himself
down with a grunt into a chair.
Cardinale set a fat fiasco of wine on the table and some glasses.
They tasted it smacking their lips. “Bettern Dago Red, eh Meester
’Erf?”
“It sure is. Tastes like real Chianti.”
Mrs. Cardinale set six plates with a stained fork, knife, and spoon
in each and then put a steaming tureen of soup in the middle of the
table.
“Pronto pasta,” she shrieked in a guineahen voice. “Thisa Anetta,”
said Cardinale as a pinkcheeked blackhaired girl with long lashes
curving back from bright black eyes ran into the room followed by a
heavily tanned young man in khaki overalls with curly sunbleached
hair. They all sat down at once and began to eat the peppery thick
vegetable chowder, leaning far over their plates.
When Congo had finished his soup he looked up. “Mike did you
see lights?” Cardinale nodded. “Sure ting ... be here any time.” While
they were eating a dish of fried eggs and garlic, frizzled veal cutlets
with fried potatoes and broccoli, Herf began to hear in the distance
the pop pop pop of a motorboat. Congo got up from the table with a
motion to them to be quiet and looked out the window, cautiously
lifting a corner of the shade. “That him,” he said as he stumped back
to the table. “We eat good here, eh Meester Erf?”
The young man got to his feet wiping his mouth on his forearm.
“Got a nickel Congo,” he said doing a double shuffle with his
sneakered feet. “Here go Johnny.” The girl followed him out into the
dark outer room. In a moment a mechanical piano started tinkling out
a waltz. Through the door Jimmy could see them dancing in and out
of the oblong of light. The chugging of the motorboat drew nearer.
Congo went out, then Cardinale and his wife, until Jimmy was left
alone sipping a glass of wine among the debris of the dinner. He felt
excited and puzzled and a little drunk. Already he began to construct
the story in his mind. From the road came the grind of gears of a
truck, then of another. The motorboat engine choked, backfired and

Open Source Law Policy and Practice 2Nd Edition Amanda Brock Full Chapter

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Open Source Law, Policy and Practice

2nd Edition Amanda Brock

1 Open Source as Philosophy, Methodology, and Commerce:

2.15 Governance of Open Source  52

3 Copyright, Contract, and Licensing in Open Source  71

6 Transforming the Supply Chain with Openchain ISO 5230  141

9.2 Trademark Law Basics  184

14 Sustainability and Open Source  291

17 Antitrust, Competition, and Open Source  369

21.4 Issues in Software Procurement  435

22 Blockchain and Open Source  471

24.13 Open Data  526

Open Source software is the single-​most impactful driver of innovation in the

On the patent front, Open Invention Network manages an ever-​ growing

ACTA Anti-​Counterfeiting Trade Agreement

CTO Chief Technical Officer

GPA Agreement on Government Procurement

OASIS Organization for the Advancement of Structured Information Standards

SPDX Software Project Data Exchange

Shane Coughlan is an expert in communication, security, and business development.

Cristian Parrino is a tech turned social entrepreneur and sustainability advisor. He is

Dr Ian Walden is Professor of Information and Communications Law and Director of

EUROPEAN COURT OF HUMAN RIGHTS

EUROPEAN COURT OF JUSTICE (ALPHABETICAL)

Bent Mousten Vestergaard v Spøttrup Boligselskab (Case C-​59/​00)

Hoffman-​La Roche, judgment of the European Court of Justice (Hoffmann-​La

IT Development SAS v Free Mobile SAS, ECLI:EU:C:2019:1099

Laserdisken ApS v Kulturministeriet (Case C-​479/​04) [2007] 1 CMLR 6����������������������������� 26

Medipac-​Kazantzidis AE v Venizeleio-​Pananeio (Case C-​6/​05) [2007] ECR 1–​04557 ����������433

Nacional de Empresas de Instrumentación Científica, Médica, Técnica y

Parking Brixen GmbH v Gemeinde Brixen & Stadtwerke Brixen AG

SAS Institute Inc. v World Programming Ltd (Case C-​406/​10)

Telaustria Verlags GmbH and Telefonadress GmbH v Telekom Austria AG

UsedSoft GmbH v Oracle International Corp (2012) 3 CMLR 44����������������������������������������� 27

EUROPEAN COURT OF JUSTICE (CHRONOLOGICAL)

Case C-​616/​10 Solvay SA v Honeywell Fluorine Products Europe BV

Entre’Ouvert v Orange, Tribunal de grande instance (TGI) of Paris, 3rd chamber,

Welte v D-​Link Deutschland GmbH (2006) LG Frankfurt a.M., 2006–​09–​06,

Consorzio Aziende Metano (Coname) v Comune di Cingia de’Botti C-​231/​03

Judgment of Constitutional Court of 9 March 1988, file no: U 7/​87,

Boosey v Whight, 1900 1 Ch. 122, 81 LTNS 265�����������������������������������������������������������������72–​73

Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1�������������������������������������������504–​5

Elekta Ltd v Common Services Agency 2011 SLT 815���������������������������������������������������442, 448

Halliburton Energy Inc’s Patent [2011] EWHC 2508 (Pat)��������������������������������������������������� 218

Macrossan’s Application 2006 [EWCA]����������������������������������������������������������������������������������� 218

Navitaire Inc. v Easyjet Airline Co [2004] EWHC 1725 (Ch)������������������������������������������������� 75

Diamond v Diehr 450 US 175 (1981)���������������������������������������������������������������������������������219–​20

Elasticsearch, Inc v Amazon.com, Inc., No. 3:19–​cv-​06158 (N.D. Cal.)

Iancu v Luoma, 141 S.Ct. 2845 (US 2020)�������������������������������������������������������������������������250–​51

Kennedy v Guess, Inc, 806 N.E.2d 776, 786 (Ind. 2004)���������������������������������������������������211–​12

Mayo Collaborative Services v Prometheus Laboratories, Inc 566 US (2012) �������������219–​20

Vernor v Autodesk, Inc., 621 F.3d 1102, C.A.9 (Wash).), 2010�����������������������������������������26–​27

XimpleWare v Versata, Case No. 3:13cv5160 (N.D. Cal. 2013)���������������������������������������249–​50

EUROPEAN UNION Art 5������������������������������������������������������� 228

Directive 2004/​17/​EC of the European programs’ Official Journal of the

Regulations VOL/​A Vergabe-​und Vertragsordnung

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Amanda Brock, Editor

‘Never doubt that a small group of thoughtful, committed citizens can

It has been a true privilege to be part of a small group of thoughtful, committed

I’m just wild about Harree

he sat at the dressingtable coiling her hair. He stood over her

1 Open Source as Philosophy, Methodology, and Commerce:

2.15 Governance of Open Source 52

3 Copyright, Contract, and Licensing in Open Source 71

6 Transforming the Supply Chain with Openchain ISO 5230 141

9.2 Trademark Law Basics 184

14 Sustainability and Open Source 291

17 Antitrust, Competition, and Open Source 369

21.4 Issues in Software Procurement 435

22 Blockchain and Open Source 471

24.13 Open Data 526

Open Source software is the single-most impactful driver of innovation in the

On the patent front, Open Invention Network manages an ever- growing

ACTA Anti-Counterfeiting Trade Agreement

Bent Mousten Vestergaard v Spøttrup Boligselskab (Case C-59/00)

Hoffman-La Roche, judgment of the European Court of Justice (Hoffmann-La

Laserdisken ApS v Kulturministeriet (Case C-479/04) [2007] 1 CMLR 6�� 26

Medipac-Kazantzidis AE v Venizeleio-Pananeio (Case C-6/05) [2007] ECR 1–04557 ��433

SAS Institute Inc. v World Programming Ltd (Case C-406/10)

UsedSoft GmbH v Oracle International Corp (2012) 3 CMLR 44�� 27

Case C-616/10 Solvay SA v Honeywell Fluorine Products Europe BV

Welte v D-Link Deutschland GmbH (2006) LG Frankfurt a.M., 2006–09–06,

Consorzio Aziende Metano (Coname) v Comune di Cingia de’Botti C-231/03

Judgment of Constitutional Court of 9 March 1988, file no: U 7/87,

Boosey v Whight, 1900 1 Ch. 122, 81 LTNS 265��72–73

Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1��504–5

Elekta Ltd v Common Services Agency 2011 SLT 815��442, 448

Halliburton Energy Inc’s Patent [2011] EWHC 2508 (Pat)�� 218

Macrossan’s Application 2006 [EWCA]�� 218

Navitaire Inc. v Easyjet Airline Co [2004] EWHC 1725 (Ch)�� 75

Diamond v Diehr 450 US 175 (1981)��219–20

Elasticsearch, Inc v Amazon.com, Inc., No. 3:19–cv-06158 (N.D. Cal.)

Iancu v Luoma, 141 S.Ct. 2845 (US 2020)��250–51

Kennedy v Guess, Inc, 806 N.E.2d 776, 786 (Ind. 2004)��211–12

Mayo Collaborative Services v Prometheus Laboratories, Inc 566 US (2012) ��219–20

Vernor v Autodesk, Inc., 621 F.3d 1102, C.A.9 (Wash).), 2010��26–27

XimpleWare v Versata, Case No. 3:13cv5160 (N.D. Cal. 2013)��249–50

EUROPEAN UNION Art 5�� 228

Directive 2004/17/EC of the European programs’ Official Journal of the

Regulations VOL/A Vergabe-und Vertragsordnung

s 94��11–12 Hart–Scott–Rodino Act 1976�� 378