Fiduciary License Agreement

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Fiduciary License Agreement
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The first version of the Fiduciary License Agreement was published by the FSFE in 2007 in order to offer something that was missing at that time — a well balanced copyright assignment for the FS community. Since then different FS projects have made use of it. Some to assign copyright to FSFE and others to assign it to different entities in order to take care of paperwork and copyright issues for the FS project. In this presentation we will look at the lessons learnt in the diverse history of the FLA and look ahead what is in line for the next version of the FLA. The Fiduciary License Agreement [FLA] is a very well balanced copyright assignment that is beneficial for both organisations that foster FS project and the contributors. Its main goals are to: - make sure the project stays Free Software; - make license maintenance easier for the Fiduciary (the entity); - retain as much freedom and power to the Beneficiaries (the contributors) over their own code as possible not to make the software non-Free. After a short introduction, we will look at how FSFE and other entities — from dedicated FS organisations to businesses and individuals — have made use of the FLA and which lessons were learnt in those 6 years. At the end of this session we will peek into the future of the FLA and discuss improvements aimed at the next revision.
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at the end of the human in that you have to do I have a few of the linear part of what you had with the with the with call the the land and moving to a quantum the universe that what you can do it because I just think of it as the the is of to your and so things that get in the back of our next speaker is the distinguished material should sometimes known as well as the
enzyme is going to talk about we can't the fury license we very interesting and after the argument that that's Europe and the of and my name is Nicky it's regret the work of the social formation of what typically i'm
leaving the protein and I hope that you these where this the the complement to talk about a fiduciary license agreements and and we're going to start with a short introduction what it actually is and what it does and continue work analyzing speak out OK sorry so far and we're starts where that's all understand the talk with a short introduction what therefore they actually does on and then continue using for use cases to show what the lessons that our that we learned in the past 6 7 years that we using it and later on continue on with the where we want to take the After laying the future so starting off with what the after lecture is on and this is the bedroom room forward legal sources so I think thinking shortening of very easily status as a contributor to this is a copyright assignment and that is written specifically with that with the communities would assume frees up prepare project and freeze over communities in mind so is it's not written to benefits of the legal entity who gains the copyright but is there to make sure that the sulfur states free software and even paved the way for example if the an entity with your batshit crazy some there are some there later on so problem of course as any our copyright assignment it does have the benefits of gathering all the copyright into 1 place which means it's a lot easier to manage licensing eyes it's easy to relicense if you have to say you want to update the license and leaders include a clause that so that it has to state resources all always so the project is not able to just derailing come preparatory on because the legal entity that love to cooperate assignments went crazy on it also provides some under army rules that so make sure that the the fiduciary which is the Lancet that the legal entity from continuous with keeping it free software so for example I mean 1 of some of the examples with that we already seen our where FLA of helping as if somebody stops contributing you know isn't and you get a life you get kids is tied in out you get you become unemployed or you become employed you get hit by a bus complicated stuff it complicates copyright assignment lots learning Coperite's so managing a lot if you know if the person who wrote the code is not able to answer yes or no to on license change in their own words so for example if you got stuck if you wrote a piece of codes in Bellevue 1 get hit by a bus and down that's only those uh project 1 to use to you get the 2 but maybe use you better be 3 or whatever and it's incompatible they're not able to use code anymore so for such a reasons and also for the but for helping with violations because the kind of entity with the exclusive rights on the whole cold Bayes has a lot bigger leverage that and this just a single and developer who got sued by usually a company or something on that does make sense to sign the life yeah that's any corporate assignment that's as an explaining the natural a those things in a way that make sure that you are also protected from the entity not just by the entity on so how does the actually
work in a nutshell and in explaining the playing words because this is a lightning talk but for a reading of the book for an overview refer to this picture and foreign and for legal subtitles refer to the on as usual the tiny effects in somewhere picture so they international of
the beneficiary that is how the government called the of Boston developer a science for copyright the fishery which is a which is density and uh which makes sure which makes on each the copyright and they're very is the entity toward it can also be an individual who holds ultimately the copyright from the whole project and is on facilitating that copyright and make sure everything was fine when it comes to copyright law necessary the same organization that that so manages the every day the work of the project but it's advisable if it is because the police know the projects and the project a lot better and also know the developers true OK so now definition has all the copyright a science that using the and long distance version of the same time the developer so the end result is what plus an additional are licensed to monitor additional noise if to make sure that the developer really use their own work in any way they want so they can develop developer and then realize that the life of their own work on under any license then want to anybody there was no including if for some reason you need to go have as far as diverse as proprietor regarded on on the other hand the industry not only is allowed to only on offered under a free software license but according to the document is also required to publish it as free software but
so this is against the there's some carefully select checks and balances that make sure that the project's stays free software and 1 of the biggest on checks and balances comes already from the name of the document the fiduciary licensing agreement fiduciary means trust on which means and it means that if the trust but by the beneficiaries consider the that they invest into their fiduciary is broken on the oscillator emanates automatically and although and all of the rights flow back to the fiduciaries so to the developers and from the from the from the fiduciary which means that density now has no copyright in the thing so I'll continue in the for use cases and start with the smallest 1 and about which is a unique you maybe you've heard of it probably not itself and UML-based as decay to right so try code so from what I understand you actually use UML to program and Python code of Melter magically comes up on 10 tested yet so the project started in 2007 as a proprietary solutions and in 2009 they assigns all the from although developers to the copyright using the latency of the city and the release the code under the GPL the to on nothing major happens is that are in terms of legal stuff on and but in 2014 when I gold so in touch again with the main developer and the maintainer of the project but he said that the law of the the starting again but after I do know a year or 2 you all of the dormant phase and the thinking of upgrading the license to use something you were maybe even to a GPL column yeah so the next 1 is buckle up yeah yeah which is a fairly bigger
project would sit around 6 2 the lovers and and With backing other the thing is that it started in 2000 as a proprietary on enterprise-ready backup solution and in 2002 they released the code under the GPL the 2 and the documentation on the FDL In 2006 they assigned all the copyrights on using around using the alpha lady city and we signed a memorandum of understanding regarding licensing on thing
started complicating around 2008 where do the main developer and so still current maintain and started gathering copyright assignments from the developers themselves which in which included also the rights to a really is the code under a proprietary version so in terms of cold what happened is that now there was a community version which was a to of the 3 and a preparatory enterprise version which included some additional plug-ins and in terms of legal stuff and it means that we suddenly had like this 1 group of developers to assign the copyright to office the and another group of developers who assigned or the copyright to principled and an overlap of the 2 switch obviously calls massive goes on so in 2003 that 2013 was set down and discussed that like adults and have because particles and other flows the flows kind like from the developers of the using the polarity the city the other 1 flows from the developers using the copper assignment 2 constables but because principles signed original from right to left as the arms and the clauses included on that thing goes low flows from if you find copper models of flows using the the variance as a lay with this the back into the city with because you have this 1st we cannot say that we can also on top of on the codes being used in a proprietary environment because for the developers have agreed with them as we saw in the 2nd or 3rd slide on that's explicitly allowed would therefore they make sense of but what we did is we sat down and we discuss the whole issue and and what who agreed upon is that and pull the features that the common in the Enterprise Edition have to flow in due time back into the home and into the community version so they have to say up up into the free software version and in a few years the same goes for patches obviously and there was start reporting how much how much day and while contributed to the free software version and there's also some checks and balances to make sure that is on the decoder gets of the Enterprise Edition Our gets under the copyright of of his defeat in case of our back systems of stops this unique distributing the I all in or if it's the or in the in the stop contributing to free softer version or the company goes belly up or whatever armed there's also a trademark laws we also get the trademark along with the coat of arms if the company goes belly up on so that way we can measure proprietary project which was a open-core project lecture on into on something that's still hold has some for granted it's the ultimate load of proprietary bits are going to be open source because there is an agreement about it from the including so the including damages so it's it's not just something we signed because we don't have any other thing else to do on the next case is K the yeah and and this is a really huge thing to not just because of the project is humungous with the developers from all over the world and the huge codebase but also because of because of the fact and the fact that this is the 1st version of the KDE was sort of really used 10 years before he joined the delay they had this huge number of contributors in this huge and code base and the documentation obviously that's so and you know requiring suddenly that everybody should sign a would be a tremendous of effort yeah they figured out that's not the way they wanna go because it's too much work on and what they do is that they recommend really work we recommend the developers to sign you have for labeled forced them to and apparently works really well for them
more and more developers mostly and most of the core developers have signed it on it's also different that the use of a new version of the FLA but there well we work together with the i which is the all and you the handles of the community of KDE who are modify the athleticism of the butter can also to change the fiduciary 2 point to the the arm and as part of the modification is also the firm which is the fiduciary relicensing policy but which is a document that a a separate document that says in under which licenses each kind of contribution must be licensed so you have like I know it's there as if it's a library it can be licensed under the GPL of the to 1 or the block or something so have groups of of contributions and groups of unacceptable licenses for them but it also includes a procedure that the KDD has to take if they want to realize it's a piece of gold so even if the developer has assigned the copyright to we we still have to follow those rules and it's a very stable dock on it's in fact it so stable that you have to the in order to change the relicensing policy arm has to have as the set of all with the same majority as if they would change their own Constitución the the so other projects we that uses the FLA as 1 but you funded educational projects I had that is about free software and open standards on the such project started on in 2 thousand something and any then the 2 thousand and 9 because and and part of the consortium all of part of the self consortium is also at physically and since it start stopped in 2009 founders of from you to say about the story this way and so what we learn from all this is that the FLA does in fact maybe file projects like easier on that is also if you explain it well enough to the developers of its well accepted by the developers and the life if they understand which also means that we learned that is very efficient at writing legal texts even in the nicely worded on like I think the is on it's still peaks still going to try and find bugs in it I mean that's what we do so what you have to do you have to prepare for that because and and the best thing is to do that is in person I got that have talks at conferences have BOF sessions like the KDD people do etc. so you can you know discuss in persons on what the diffuser and figure out if there actually is a bug were there isn't following so what we also learned is that it is a administrative overhead but that's can do the expected when you're handling cooperate of other people right on it's also as an example of KDE the fishery lies the policy and having a patch policy on are a very good idea to have and were actually thinking of maybe incorporating that into the FLA as well as from into the vanilla version so what we wanna do would actually in the future i'm going to want to make it more user-friendly because almost lead the foreign you have to fill out the user interface this new law very transparent and we want to make them clearer so you don't have to always explain to people what does the 2 books mean and mass and exaggerating that people understand it as it I wanted to be clear but there's also the wording is really good but some we have found some in my immediate modifications if you wanna do and although the text is already tried and tested in thing in Germany and it also written in mind to be legal in both in our continent and civil as well as all of all jurisdictions true and we use when we're using talking to future projects like KDD we figure others like our could be some issues with India so we're also trying to make sure that it works and Asia as well and then we also want to tackle new problems that within the dissipate by dynamic patents and trademarks and basically whatever the community needs its which also means that I'm open for questions and Ideas that
had what what the that 1 of the
things that I have here a year and a lot of words that you think you have to assist or in other I don't think the text actually has an explicit clause about that but it is implied that please that's if you complain and say somebody is our violating my copyright or somebody sued me and you own the copyrights when 1st of all if somebody sued the individual developer and exclusive rights are at the also organization and the 1st thing you do is pay had exclusive rights go as below me it is have a licensing alone the other thing is and I think if the the fiduciary would not go after that and they wouldn't respond if it turns
out badly it could be considered a breach of trust so do I fly would just void and you would get on your to back so I so a mythological something about the content of the battles of this could prevent the originator of 1 kind of a lot of privatizing is handled matters but now with this assumption that that the reason he collects must have put it covers every ever signed in a way that
could have that is what we understand that this true so the way how the how good the only has the most everybody there assigned your son that's a lot of what we understand the case here on that I really complicated so if if that's not the case we'll see what happens to the cell and that's what that's what was the situation we understand is at the moment and the thing also is the one-dimensional logical stuff on current is also the owner of vacuum systems which is the company that does a proprietary version and is the company that already has the floor in most of the developers for bi-ocular in the past as well set and there's a a lot of people you want to try to you because you get to know and there is certainly enough the 1 of the 2 sets of we can be added In the principles of of the the IEI yeah that's that's a question we have we get a lot but from what are you going to do that the legal coming that's always a question doing our natural and the communitarian sciences mean especially when we're talking about around the world is versus the world both should which is the legal world on so yes it is a later in the term but I think that's of we're talking about free software we're talking about what are we talking about something that's quite a few agree upon and those and euros are considered to be the the interpreter of what free software is on but yes it's not it's not very explicit what it says but then again if it was very explicit would have to update it every time a new threats came and then you can have like really verbose text and that's even easier to to find out if you have a really respects it's even easier to find loopholes in it because it doesn't say explicitly that and you can ischemic here with the fusion of 5 pages long it's it's kind of weird to say yes but that was implied yeah so it was that there I think the gentleman the bike was 1st the end this 1 Armed haven't invested much time in the office of copper assignment but from what I understand some rarely correct me if I'm wrong to surface of copper the assignment is what is intended for a given project and Andrew project only and after layer what we're trying to do with that for is not get the copyright of other people but we're actually making this a document for also other organizations to use and we especially if you have a foundation that already handles and the manager of manages the that project it makes a lot of sense to use leads to assign your proper right to that foundation to ofus of the F a self for anybody else In order to some or to some NGO that's it is expert in handling copyright of but laughter some projects and on the other side and and I know you know the the the only really have to think about that the authors that I might not the and and so we can and you you know all and that's as the set of main the FLA has some checks and balances in case the fiduciary so the the entity assignment Coperite's to armed starts violating the basic rights of free software so I think of the that answer a question and so on and on and In the 2nd half we find that for you the more expensive and the return of point sampling the the thank you on we all know all part of the gathered at least with that person who's oscillate at germinated on but I'll have have to look into that or the the future of the you know the 1 in
the middle of room let and the