development of legal approach to oss in korea · in 2010, koss law center (korea open source...

Development of Legal Approach to OSS in Korea

LinuxCon Japan 2012

June 7th Thursday, Room 413, 16:00

崔哲

Charley Tschoy

Copyright © 2012 Korea Open Source Software Law Center. All Rights Reserved. Confidential

Contents

1. Preface

2. NIPA (National IT Industry Promotion Agency)

3. KCC (Korea Copyright Committee)

4. OSS License Governance System in Big sized Companies

5. KOSS Law Center (Korea Open Source Software Law Center)

6. PCIP (Presidential Council on Intellectual Property)

7. Future Development

1. Preface

(1) OSS History in Korea

(2) Korean Experience with OSS


(1) OSS History in Korea

LINUX was the important start point for OSS history in Korea.

- Linux Council, since 1999 KOSSA (Korea Open Source Software Association), since 2006

- After Linux World Korea in 2006 & 2007, activities limited in the individual company level.

There has been two ways of stream for governmental support to OSS in Korea:

- Promotion to OSS community and industry, since 2003

by NIPA (National IT Industry Promotion Agency)

- Introduction of OSS licenses, since 2006

by KCC (Korea Copyright Committee)

In 2009, the BusyBox Case stimulated to establish an internal OSS license governance.

In 2010, KOSS Law Center (Korea Open Source Software Law Center) was established.

In 2011, PCIP (Presidential Council on Intellectual Property) was launched.

In 2011, the first FOSS Con, Korea was held.



2004 2005 2006 2007 2008 2009

Window 62.6 61.1 65 64.9 62.9 63.6

Unix 15 12.5 11 8.5 9 9.4

Linux 19.2 24.5 23 26.2 26.7 26.7

0

10

20

30

40

50

60

70

Utilization of OSS (Linux) (%)

IDC 2010



55.7

60.8

2010 n=500

2011 n=254

73.1

74.7

2010 n=160

2011 n=72

42.0

48.3

2010 n=245

2011 n=121

54.5

64.3

2010 n=55

2011 n=33

75.0

81.3

2010 n=32

2011 n=28

58.6

67.7

2010 n=157

2011 n=101

54.3

57.6

2010 n=335

2011 n=153

Enterprise

( 9.1% ) SMB

( 3.3%)

Govt./Public/Univ.

( 1.6%)

manufacture/distribution

/transport

( 6.3% ) finance

(9.8% )

telecommunication/.com

(6.3%)

total

(5.1% )

Utilization of OSS by End-User ( increase %)

IDC OSS End-User Survey, 2011 Confidential

2. NIPA (National IT Industry Promotion Agency)

(1) Institutional Background

(2) Promotion to OSS Community and Industry

(3) North-East Asia OSS Promotion Forum

(4) OSS Analysis Support for Small/Medium sized Companies



Institute for Information Technology Advancement (IITA),

for providing support to small/medium size IT enterprises and

training IT professionals since 1999,

Korea SW Industry Promotion Agency (KIPA),

for promoting the SW industry since 1998, and

Korea Institute for Electronic Commerce (KIEC),

for fostering the electronic commerce through internet since 1999,

were merged in 2009 into

National IT Industry Promotion Agency (NIPA)

NIPA

IITA

KIPA

KIEC


OSS Competency

plaza

Supporting OSS

Communities

OSS Learning

Community

(2) Promotion to OSS Community and Industry

Current Status & Strategies of OSS in Korea – (NIPA, April 12, 2012)


(3) North-East Asia OSS Promotion Forum

2003 : Created the CJK Software Promotion Forum

2004 : 1st CJK Director-General Meeting & OSS Forum in Beijing - Signed an MOU

2004 : 2nd Sapporo Forum - Agreed on the creation of WG (Working Group)

2011 : 10th Xi'an Forum http://www.neaossforum.org/nea_intro4

The discussion OSS license compliance and governance is just begun in 2011.

Korea China Japan

Forum

Korea Open

Source SW

Promotion Forum

China Open

Source SW

Promotion Union

Japan Open

Source SW

Promotion Forum

Secretariat NIPA CSIA IPA

WG

(Working

Group)

Technology Development &

Assessment

Sungin Jung

(ETRI)

HU Chang Jun

(CSIP)

Tomomi Suzuki

(Hitachi)

HR Development Lee Min Suk

(Hansung Univ)

CHEN Zhong

(Peking Univ)

Miura Hiroshi

(NTT Data Corp.)

Standardization &

Certification Study

Yunjae Jung

(Samsung SDS)

Miao Zongli

(CESI)

Msahiro Date

(Fujitsu)

Application Promotion Chung Byungjoo Liu Ming Yasuo Iwaoka


OSS License

Verification

OSS utilizati

on, 32.14%

violation Code, 4.71%

Self-Dev.,

63.15%

GPL, 25.85%

LGPL, 10.17%

Apache, 19.49%

BSD, 16.10%

MIT, 17.80%

EPL, 1.69%

CPL, 3.39%

MPL, 5.51%

(4) OSS Analysis Support for Small/Medium Sized IT Companies

Current Status & Strategies of OSS in Korea – (NIPA, April 12, 2012)

3. KCC (Korea Copyright Committee)


(2) Introduction of OSS Licenses

(3) “CodeEye” Service for Small & Medium sized Companies



Copyright Commission (CC),

which was established since 1987 under the Copyright Act, and

Computer Program Protection Commission (CPPC),

which was established since 1986 under the Computer Program Protection Act,

were merged in 2009 into

Korea Copyright Commission (KCC).

KCC

CC CPPC


(2) Introduction of OSS Licenses

KCC endeavored to introduce OSS licenses and related information.

- Translation of frequently used OSS licenses from English to Korean language.

- Report of related important information on OSS licenses.

- Consignment of research service on OSS licenses.

KCC is operating a site http://www.olis.or.kr/en/OlisIntroduction.do

of OLIS (Open Source License Information System).

- Improvement of assistance for OSS developers

- Expansion of the range of OSS application

- Contribution to development of OSS relevant industry

KCC is recently in the less favorable position than NIPA, now in lack of budget.

http://www.olis.or.kr/en/OlisIntroduction.do


(3) “CodeEye” Service for Small/Medium sized Companies

OLIS provides:

- Various types of professional counsel service

related to legislation, policies, or contact relations based on OSS license.

- Korean version of 74 kinds of OSS license certified by OSI

after tested by domestic OSS license experts

- OSS License Inspector Service for individual developers and

small/medium sized companies:

- to prevent possible license-related legal disputes in advance,

- to create good environment for using OSS, and

- to expand the range of OSS.

Its tool of OSS License Inspector Service is “CodeEye” developed by KCC itself.

The future destiny of “CodeEye” depends upon:

- acquisition of full competences in competition with commercial tools, and

- acquisition of full national & international recognition of major customers.

4. OSS License Governance System in Big sized Companies

(1) Prehistory

(2) “BusyBox” case

(3) Introduction of Internal OSS License Governance System


(1) Prehistory

Use of OSS in Korea is on the great increase out of grounds:

- diverse adaptation of OSS to new device,

- easy acquisition of up-to-date technologies,

- reduction of development period,

- save of costs and expenses, and

- prevention of technological dependency.

Before 2009, only a few developer, manager and management of the SW/device industries

was aware of the risk of infringing copyright and causing disputes on OSS license.

After 2009, the more companies understood that:

- the OSS license compliance is urgent, and

- the establishment and operation of OSS license governance system is necessary.


(2) “BusyBox” Case

Jurisdiction the United States District Court

for the Southern District of New York

Plaintiff SFLC, on behalf of the copyright holder on BusyBox

Defendant 14 Companies including two Korean companies, Samsung and Humax.

Cause By use of BusyBox in embedded devices,

such as Samsung Bordeaux TV and Humax HDTV,

GPL violation is found.

Result Confidential compromise between Plaintiff and 13 Defendants.

Only GE lost officially the case.

The first landmark case on OSS license violation for Korean representative companies

provided a momentum for establishing internal OSS license governance system.


(3) Introduction of Internal OSS License Governance System

[Example]

Open Source Advisory Board will:

- Deal with claims related to OSS license

- Establish and operate “OSS license verification process”

- Render a technical & legal expertise consulting

DMC R&D : Policy & audit

IP Center : Resolving legal issues

Purchasing Group : Software acquisition contract

Operation Divisions (Product) : OSS License identification complying obligations

OSS License Verification Resources

OSS License Training Activity

Software Development Process

OSS License Verification Process for Proprietary source code

OSS License Verification Process for 3rd party source code

OSS License Notice (Written Offer) Providing OSS Source code

Operating Server / Licenses

The internal OSS license governance system of big sized companies is kept strictly confidential.

5. KOSS Law Center (Korea Open Source Software Law Center)


(2) Purposes

(3) Collaboration with National and International OSS Institution

(4) “FOSS Con, Korea”



November 2012 : Plan to hold 2012 FOSS Con, Korea

April 2012 : Attended 5th FSFE European Legal Network workshop

November 2011 : Held 2011 FOSS Con, Korea

October 2011 : Attended in North-East OSS Forum

August 2011 : Signed for MOU with NIPA, FSFE

August 2011 : Established KOSS LLC as a corporation

April 2011 : Attended 4th FSFE European Legal Network workshop

October 2010 : Opened KOSS Law Center

August 2010 : Set up KOSS Law Center as a network

The KOSS Law Center is set up spontaneously, independently from the government,

by professors, lawyers, managements, managers, policy-makers, and other specialists

in the legal issues of OSS, its license and its license governance.


(2) Purposes

Research

To facilitate public awareness of the OSS related legal issues, the KOSS Law Center plans to

publish periodical newsletter soon and general guideline and the booklets containing current

legal issues on the development of OSS and its license governance for the developers and users.

Training

The KOSS Law Center plans to provide several type of training program for OSS developers

and lecture program to the management of companies about the technical and legal aspect of

OSS, and also hold regular research seminars and conferences in respect of current OSS issues.

Consulting

For the sound development of OSS eco-system and businesses using OSS, the KOSS Law

Center will offer consultation in both legal and technical aspects to individual developers,

small/medium sized companies as well as big sized companies, on the OSS license governance.



Collaboration with National

OSS Institution

Korea OSS

Promotion Forum

KOSSA

(Korea Open Source Software Association)

KOSS Law Center

(Korea Open Source Software Law Center)



Collaboration with

International OSS Institution

FSF

(Free Software

Foundation)

SFLC

(Software Freedom Law

Center)

FSFE

(Free Software Foundation Europe)

gpl-violations


(5) “FOSS Con, Korea”

The KOSS Law Center held the first annual FOSS Con, Korea with co-sponsors, NIPA and

FSFE in 2011.

Including delegates from Europe, Asia and USA, about 200 attendees were present

representing most of the major systems and software companies.

Although OSS license governance system in Korea is still behind when compared to

western countries, through the conference we were able to show that Korea has gone to

great lengths in an attempt to increase OSS license governance.

The most meaningful aspect of this conference is that it was the first time in-depth

discussion on OSS license governance were conducted together with professional,

executives, developer and lawyers as well as in-house counsels.

The annual FOSS Con, Korea 2012 will be held on 29th & 30th of November.

It will focus on some of the most important topics in electronics and automobiles industries

to generate a deeper and more comprehensive understanding of OSS license governance.

All of you are welcome to FOSS Con, Korea 2012 !!

6. PCIP (Presidential Council on Intellectual Property)


(2) OSS Promotion Policy Planning

(3) Research on OSS License Governance Support



Since the mid of 1980‟s, the importance of intellectual properties was exploded.

In Feb. 2010, the Korean government founded the TF team for Intellectual Property.

The „Vision and Strategies for Intellectual Property‟ were drawn up in the same year.

The Basic Act on Intellectual Property was proposed in 2010, enacted in May 2011,

and was effective from July 2011 (Korea‟s Law No. 10629 of 2011).

This Act comprises of:

- general provisions,

- the Presidential Council on Intellectual Property,

- promotion of the creation, protection, and exploitation of intellectual property,

- establishment of infrastructure, and

- supplementary provisions.

The Presidential Council on Intellectual Property was established in Sep 2011:

- to plan policies for intellectual properties, and

- to regulate and monitor ministries‟ programs related with intellectual property

This Council is a pan-governmental entity over all ministries in Korea.


(2) OSS Promotion Policy Planning

Under the assignment of this Council,

KOSS Law Center is performing the task of policy planning to promote OSS in Korea.

More developments of OSS in Korea are requested.

More uses/2nd developments of OSS in Korea are requested.

- More OSS educated students are expected.

- More OSS trained developers are expected.

- More OSS acknowledged managements are expected.

- More OSS oriented governmental officers are expected.

More compliances of OSS license are requested.

- More OSS license governance trained administrators are expected.

- More OSS license governance specialized lawyers are expected.

- More internal OSS license governance systems are expected.

- More public OSS license governance systems are expected.

More international cooperation is requested.

- More open discussions on OSS license governance are expected.

- More global standards of OSS license governance are expected.


(3) Research on OSS License Governance Support

Under the same assignment of this Council,

KOSS Law Center is performing the task of OSS license governance support in Korea.

Korean government wants public procurement without any legal defect on OSS license.

But, new requirement may limit the entry of small/medium size companies.

Political/economical background:

- Korean government will not add any new burden on small/medium size companies.

- Korean government will render public support for small/medium size companies.

More powerful public OSS license governance support is expected,

for small/medium size companies.

Three feasible choices:

- Revised enlargement of NIPA support system,

- Individual support system in each ministerial department, or

- Integrated pan-governmental support system over all ministerial departments.

The last choice will be recommended:

- out of costs and expenses : efficiency factor

- out of unified policy execution : consistency factor

7. Future Development

(1) National OSS Governance System in Korea

(2) Pursuit of International Cooperation

(3) Possible International Accreditation of OSS


(1) National OSS Governance System in Korea

The fast upgrade to a high level of OSS license governance system?

The establishment and operation of OSS license governance system is urgent:

- for the nationwide effect

- for the simultaneous effect

- for the whole industries effect

How can we get the goal?

- By setup of OSS requirement in the process of public procurement:

- Plus credit for distribution of SW in OSS license; and

Contribution to the OSS eco-system

- OSS license inspection by receipt of SW/devices

Procurement without any legal defect on OSS license

What will be additionally necessary for OSS license inspection?

- The establishment and operation of internal OSS license governance system

for big companies

- The establishment and support of public OSS license governance system

for small/medium size companies

The inter-governmental cooperation will be expected.


(2) Pursuit of International Cooperation

International cooperation is the most important thing.

The after-effect of historical background of “Copyleft Movement”:

- This Movement originated in the USA.

- The experience of American theory and paragraph in Europe.

- The right of developers vs. the interest of users/2nd developers in Asia.

The important aspect of new Asian supplier on the SW and/or device market:

- The hegemony of traditional SW/device market still belongs to the USA.

- The importance of new Asian suppliers is getting higher on the market.

- The new Asian supplier wants to establish a more harmonized rules.

What must be the goal?

- The ultimate goal is a common contribution to the OSS eco-system.

- The proceeding of legal control is the last choice.

- The promotion of introduction of OSS Governance will be the best choice.

How can we reach the goal?

- For developers : No angry, No mistrust, No punishment!

- For users/2nd developers : No ignorance, No avoidance, No violation!

- Build a international round table for a global OSS license governance!


(3) Possible International Accreditation on OSS

It is no easy nor simple topic to achieve such an accreditation system.

But, such accreditation system may be very helpful;

- Rationalizing the process of OSS license governance

- Keeping constantly the standard of OSS license governance

- Minimizing the probable legal dispute on OSS license

- Promoting the domest/international distribution of SW/devices.

Elements of such an accreditation system will include;

- Level of education and training for developer and administrator

- Establishment and operation of OSS license governance system

- Contribution to the OSS eco-system

- Historical credit accumulation to comply the OSS license.

International Consensus is more necessary;

- Harmonizing the interests of developers and users/2nd developers

- Building a global standard of OSS license governance

- Promoting a positive global reliance on such an accreditation system

- Cooperating contribution to the global OSS eco-system.

We hope to take the initiative to build such accreditation system!

THANK YOU

崔哲

Charley Tschoy

development of legal approach to oss in korea · in 2010, koss law center (korea open source...

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