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Facilitator Guide

Licensing Open Source, Source Code, and Object Code

What’s covered

  • Open source vs. proprietary code licenses
  • Permissive and copyleft open source licenses
  • Questions for assessing any open source license
  • Open source provisions in deals
  • Source code vs. object code licenses
  • Key terms in source code licenses
  • Key terms in object code licenses
  • Source code escrow

Before the session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

https://www.hotshotlegal.com/discussions/licensing-open-source-source-code-and-object-code/attendee

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

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    Course

    Licensing Open Source, Source Code, and Object Code

    An advanced discussion of licensing open source and proprietary code. The course explains how the major open source license families differ, where these issues surface in transactional work, and the key terms unique to licensing proprietary source code and object code.

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    Exercise

    PDF

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

  • What are the main differences between an open source license and a proprietary code license?
  • How do permissive, weak copyleft, and strong copyleft licenses differ? Why is copyleft sometimes called "viral"?
  • What questions can you ask to assess an unfamiliar open source license?
  • Where does open source come up in transactional work, and what are the core questions a lawyer should think about in these deals?
  • What is the key difference between a source code license and an object code license, and how do both differ from SaaS?
  • What’s the purpose of source code escrow in an object code license?

Part 2: Group Exercise

Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.

Tip for remote sessions: use your web conferencing system's breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics

Share your own experiences and guidance, including:

  • Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
  • General practice tips (dos and don'ts)
  • Firm-specific guidance and practices

After the session

To continue learning, attendees can check out related courses in Hotshot's Technology Licensing topic.