Mark Bohannon

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7 Notable Legal Developments in Open Source in 2016

In 2012 the jury in the first Oracle v. Google trial found that Google's inclusion of Java core library APIs in Android infringed Oracle's copyright. The district court overturned the verdict, holding that the APIs as such were not copyrightable (either as individual method declarations or their "structure, sequence and organization" [SSO]). The Court of Appeals for the Federal Circuit, applying 9th Circuit law, reversed, holding that the "declaring code and the [SSO] of the 37 Java API packages are entitled to copyright protection." The U.S. Supreme Court declined to review the case, and in 2016 a closely watched second trial was held on Google's defense of fair use. In May 2016 the jury returned a unanimous verdict in favor of Google...

A Fresh Look at the U.S. Draft Policy on 'Federal Sourcing'

In a recent article in Government Computer News, I looked at the challenge of reshaping federal IT with open source without go-it-alone government-off-the-shelf approaches to open source software. In that article, I noted that the growing use of open source software by governments has shifted from "whether to use" to "how to deploy." The latest evidence for this is a draft Federal Sourcing Policy announced by the U.S. Office of Management and Budget (OMB), which drives U.S. government (USG) procurement and IT policy...

Driving Better Governance With Open Source

Clarice Africa | OpenSource.com | July 1, 2013

"Ten years ago, open source—notably Linux—was often labelled a ‘fad’ or destined for the ‘hobbyist’ market,” said Mark Bohannon, Vice President for Corporate Affairs & Global Public Policy at Red Hat... Read More »

Encryption Back Doors: Is There More to This Debate?

Speaking at a conference this summer, Chertoff crystallized what he sees as the risks of heading down such a path (that could likely prevent use of certain kinds of encryption). First, there is increased vulnerability. "You're basically making things less secure for ordinary people," he said.Second, emphasizing a point that other experts have made with his practical experience, "Really bad people are going to find apps and tools that are going to allow them to encrypt everything without a back door." It's a "pipe dream" to think governments will be able to stop this, given the global environment we live and work in. The likely result is that "legitimate actors will be making somewhat less secure communications and the bad guys will still not be able to be decrypted."

India Adopts A Comprehensive Open Source Policy

The Government of India (GOI) has adopted a comprehensive and supportive open source policy. It builds on their earlier efforts to adopt open standards for procurement. As we've seen in other regions, the adoption of such policies often brings out concerns from some quarters who want to spread 'fear and doubt' about the policy. So, what are the facts about the policy, and how does it fit into India's broader economic development strategy? Read More »

Report Highlights Positive Elements of U.S. Government Open Source Adoption

I think we've all read our fair share of reports about lessons learned and the challenges and opportunities for governments taking up open source software. Frankly, many of them seem a bit dry, and often repetitive. But one study I recently came across (that has not received much media coverage) stood out. Its predicate was different that most, recognizing the positive: open source software (OSS) "is being used in [the U.S.] government, as well as being released by the government (as both minor improvements and whole new projects), and the government is receiving benefits from doing so. However, many in government are unaware of this." In short, it appears to find the glass half filled—or better—rather than half empty...

U.S. Digital Services and Playbook: "Default to Open"

About this time last year, I laid out some trends I saw for the coming year in government take up of open source software. Looking back now, it appears those trends are not only here to stay, they are accelerating and are more important than ever. In particular, I wrote that "open source will continue to be the 'go to' approach for governments around the world" and that "increasingly, governments are wrestling with the 'how tos' of open source choices; not whether to use it."... Read More »

U.S. Government Seeks Reduced Use of Custom Software, Releases New Policy to 'Free the Code'

As I've written before, there has been a shift, going back almost a decade, away from the debate over whether to use open source to a focus on the how to. The release by the Office of Management and Budget (OMB) of the U.S. Federal Source Code Policy on August 8th is the latest manifestation of this shift. It achieves the goal laid out in the Obama administration's Second Open Government National Action Plan (PDF) for improved access to custom software code developed for the federal government. The plan emphasized use of (and contributing back to) open source software to fuel innovation, lower costs, and benefit the public. It also furthers a long-standing "default to open" objective going back to the early days of the administration...

Why You Should Support The SHIELD Act

Simon Phipps | InfoWorld | March 8, 2013

Shocker! All sides of the debate agree the SHIELD Act offers part of the reform needed for U.S. patent system Read More »

Woe-Bamacare

Phil Granof | Open Source Delivers | October 18, 2013

Regardless of one’s political stance, sometimes it is just plain hard to watch the woes of Obamacare. It’s a bit like watching mixed martial arts fighting – it’s often hard to distinguish the winner from the loser. The technology behind the system has continued to be an open wound, and yesterday it just got worse... Read More »