licensing

Apache better than GPL for open-source business?

I have spent years advocating the GNU General Public License as the optimal open-source license for commercial open source.

Roughly nine years after I first became a fan of the GPL, I think I've been wrong.

My admiration for the GPL mostly stemmed from its ability to mimic, but then invert, proprietary licensing. The GPL is like opening a cannister of radioactive waste: while your competitors can touch it, you're dead certain that they won't.

Given that openness is increasingly a winning business model--if not the winning business model, as Red Hat executive Michael Tiemann argues--one … Read more

Sony Pictures is on YouTube, Hulu, but not Joost anymore

At the same time Sony Pictures prepared to post some of its TV shows and films onto YouTube, the studio's material quietly began disappearing from Joost.

Earlier this month, Joost CEO Mike Volpi, who is attempting to engineer a comeback for the once high-flying company, wrote on the company's blog that Sony Pictures' shows were removed but was vague about why. He said that content from entertainment companies often comes and goes due to licensing restrictions and "we are optimistic that we'll be able to reach a new arrangement with Sony soon."

He can stop … Read more

YouTube, Sony Pictures in talks over feature films

YouTube is in talks to acquire licensing rights to full-length content from Sony Pictures, home of such films as "The International" and "Spider-Man," sources familiar with the negotiations told CNET News. Details about what a final agreement could look like are sparse, but any partnership between the two powerhouses would likely benefit both.

Representatives from both companies declined to comment.

Word of the negotiations comes a week after Disney announced it had licensed short-form content to YouTube. Those clips will come from a range of Disney brands, including ABC and ESPN. For YouTube, obtaining short-form clips … Read more

Commercial open source, the future state

In preparation for my upcoming OSBC session, "Open-Core Licensing: The New Business Model Standard for Commercial Software," I dug through some old presentations to try to figure out how monetization efforts have changed in commercial open-source companies.

Ultimately, revenue from open source boils down to understanding buyer types, as described by former MySQL CEO and current Sun Senior Vice President Marten Mickos starting all the way back in 2005.

Marten described the buyer market for open-source solutions as:

Those who spend time to save money Those who spend money to save time

Marten has also asserted that "in the past, differentiation was a compelling reason to buy but, if incorrectly implemented, it could also drive the compelling reason to abandon."

That statement leads into the topic of discussion around open-core licensing and the associated risk-versus-reward scenario as open-source vendors manage projects to balance revenue and community.

The big challenge for vendors trying to monetize open-source products is how to encourage payment for something (anything?) while not bastardizing the user base that is hooked on the free software. I've outlined below my latest attempt at explaining the commercial open-source evolution--or at least, an explanation of how several companies have matured their models to ensure both community and financial success.

Support + free code Support + commercial license Support + commercial license + indemnity + warranty Support + commercial license + indemnity + warranty + exclusive features

Read more

Is there a benefit to liberalizing software licensing terms?

The blog Confused of Calcutta recently raised an interesting topic: Should software vendors take more responsibility for their software? Should we sign up to "tenancy agreements" by which we agree to stand by our code and ensure it works well with others?

It's an intriguing proposition, one which I'm sure enterprise IT buyers (or, rather, their legal departments) would welcome.

I doubt it will ever happen, however, and I'm not sure there's much incentive for a vendor to introduce such licensing commitments. No one buys software because it comes with a kinder, gentler contract. … Read more

Microsoft, Lexmark to cross-license patents

In a move to tie their collaboration tighter, Microsoft and Lexmark on Tuesday announced that they have entered into a broad patent cross-licensing agreement.

Under the arrangement, Lexmark will license its patents for its printers and multifunction devices, as well as its other products, to Microsoft. And the Redmond, Wash., based company, in return, will offer access to a wide range of its software.

Terms of the agreement were not disclosed.

"We believe this agreement will improve the productivity of both our companies and result in enhanced product offerings and increased satisfaction for all our customers," Marty Canning, … Read more

Report: iPod Shuffle accessories to get Apple 'tax'

In not-so-shocking news, iLounge is reporting that third-party headphones and headphone adapters for the new buttonless iPod Shuffle will require an Apple-licensed authentication chip.

This doesn't come as any great surprise to us because exacting licensing revenue from iPod accessory makers has become a brilliant way for Apple to add to the company's bottom line. But that "Apple tax," so to speak, does get passed on to consumers, and iLounge and others are now assuming that Apple headphone adapters will cost a minimum of $19 and possibly as much as $29. The handful of VoiceOver-compatible headphonesRead more

Microsoft gives discounts on software licenses

Microsoft has cut the price of leasing software by as much as 25 percent.

Companies can sign up for discounts on SQL Server, SharePoint, and other Microsoft software, or two bundles of client-access licenses, according to notices posted on the Microsoft Incentives Web site.

One special promotion is "Simplify and Save," which offers savings of 15 percent for those who consolidate at least two existing license agreements into an Open Value agreement. Microsoft said the discount will run for the entire length of a three-year license deal.

Another offer is for between 15 percent and 25 percent off … Read more

Sony, Philips, Panasonic to create single Blu-ray license

Companies that wish to make Blu-ray devices will very soon have a less expensive and simpler licensing process, according to a joint announcement Wednesday from Sony, Philips, and Panasonic.

A new license will be established by mid-2009 as a "one-stop shop" for device makers. The license will include all necessary Blu-ray, DVD, and CD patents for selling Blu-ray players. The licensing program will be handled by a new licensing company to be led by Gerald Rosenthal, former head of intellectual property at IBM. It will be based in the U.S., but will have local branches in Asia, … Read more

Microsoft's intent on forcing IP into IT talk

Is Microsoft the last holdout on an outmoded way of doing business, or is it the vanguard for intellectual-property licensing schemes that herald a new age of competitive cooperation?

Horacio Gutierrez, a friend and vice president of intellectual property and licensing at Microsoft, believes that it's the latter and argues that the best way to ensure true interoperability while simultaneously competing is through patent cross-licensing arrangements:

At the heart of these business arrangements is an honest recognition of the value of the intellectual assets that drive innovation. Such arrangements strike a balance between intellectual-property incentives that encourage, recognize, and … Read more