Early thoughts: both concepts are too code-centric and too license-oriented. Many things that we think of as indispensable to modern open source projects are not included in the formal definitions. This is a good sign that we have another, as-yet-unnamed concept in play.
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I have been working with a few of the people at the Google OSPO on an open source casebook: https://google.github.io/opencasebook/ . This is a curated collection of primary source materials (cases, statutes,etc) and thought questions, exactly as would be used in a law school class.
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I like TLDR legal https://tldrlegal.com/
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the open source case book from google is the most detailed one I’ve seen https://google.github.io/opencasebook/
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Maybe
@richardfontana will do a lawsplainer? -
There aren't really any good secondary resources IMO, and (for better or worse) there's been very little case law on open source licensing
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Maybe in the archives of Groklaw? http://groklaw.net/
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I would ask
@alexhmoss because she is the best and also works at EFFThanks. Twitter will use this to make your timeline better. UndoUndo
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IANAL but I used a great IP attorney when I ran a bootstrapped SW company. Law is like software, lots of ways to do things, each with pros and cons. He asked us to be clear re: desired outcome, then would detail possibilities and trade offs. So blue sky, what’s the objective?
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With the objectives firmly in mind, it’s possible to see how licenses may be written with respect to: -Legality -Verifiability -Enforceability -Other -ilities good counsel will identify So I think you’re on to something, but I’d love to see more detail about the intended outcome
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I think as this gets fleshed out, you’ll end up with a suite of documents that get to the goal together, things like: Articles of incorporation and by-laws IP assignment documents Licenses
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This is a helpful take on the question of what's next.https://words.steveklabnik.com/what-comes-after-open-source …
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I highly recommend reading Zuboff's book "The age of surveillance capitalism" to find the paths towards the future of the free software movement (open source is about something else, ma need other future paths)https://www.publicaffairsbooks.com/titles/shoshana-zuboff/the-age-of-surveillance-capitalism/9781610395694/ …
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Law and law-adjacent folks: any pointers?