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  • 19 - Public Licenses: Open Source, Creative Commons and IP Pledges

  • from Part III - Industry- and Context-Specific Licensing Topics
  • Jorge L. Contreras, University of Utah
  • Book:
    Intellectual Property Licensing and Transactions
    Published online:
    21 June 2022
    Print publication:
    30 June 2022, pp 592-636
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  • Summary

    Chapter 19 covers open models of IP licensing that are directed to the public. These include open content licensing via Creative Commons licenses, open source code software and more general IP pledges. The chapter first looks in detail at the CC licensing model and its variants. Next it discusses the historical development of open source code and the different licensing models that have emerged, from GPL to BSD and the OSI criteria for open source. Some of the controversies over GPL, including its viral nature, its effect on patents, and its evolution into GPL v3 are also discussed. The chapter next addresses legal issues around the enforcement of OSS licenses (Jacobsen v. Katzer) and how OSS can be integrated into commercial software offerings and OSS issues to look for in software-related transactions. The chapter concludes with a discussion of patent pledges, which are often linked to more formal licensing terms.