Board of Software Standardisation
Board of Software Standardisation
Board of Software Standardisation
Board of Software Standardisation
and Control (BSSC)
and Control (BSSC)
and Control (BSSC)
and Control (BSSC)
Software Intellectual Property Rights
Software Intellectual Property Rights
Software Intellectual Property Rights
Software Intellectual Property Rights
and licensing.
and licensing.
and licensing.
and licensing.
Introduction
Introduction
Introduction
Introduction
- why a guide?
- why a guide?
- why a guide?
- why a guide?
• Large amount of software products
developed by ESA
• Practise governed by a highly complex set
of ESA rules and international rules
• Need to protect both interests of Member
States and of space companies
Terminology
Terminology
Terminology
Terminology
• IPR (Intellectual Property Right)
– IPR Owner
• Patent
• Copyright
•
Licensee
•
Licensor
•
License, sub-license
ESA Practise
ESA Practise
ESA Practise
ESA Practise
•
Software developed by staff
• IPR (and copyright) owned by the Agency
•
Software Developed by Contractors
– General Case
• IPR owned by company, ESA right to use, copy, sub-license, modify.
– Operational Software
• Criteria: Essential for the operation of the Agency, or “fundamental
intellectual contribution from the Agency’s staff”.
• IPR may request the IPR ownership
•
Co-funded Developments
• Similar to above. Additional restrictions may be agreed with
developer.
ESA Handling
ESA Handling
ESA Handling
ESA Handling
•
IPR issues settled before issue of ITT.
• Initiator determines type of protection required. Recommends choice
of licence scheme and IPR ownership.
• BSSC approval of software related ITTs.
•
IPR issues after product acceptance.
– Software licencing procedure
• Cases determined by IPR restrictions in place.
• Cases determined by intended use (space vs non-space, peaceful
purposes, …)
License Types
License Types
License Types
License Types
-General Case
General Case
General Case
General Case
•
Non-exclusive, Non-transferable, with:
• No right to modify the software
• Limited to the territories of the Member States
• Use with peaceful, space research and technology only
• Free of royalty charges
• No liabilities on the part of the Agency
• No warranty
License Types
License Types
License Types
License Types
-Special Cases
Special Cases
Special Cases
Special Cases
•
License, with limited right to grant sub-licenses
– e.g. for sub-contractors
•
License, with right to modify software
– e.g. changing small parts, commercialising product
•
License, as basis for further developments
– 1) Major new developments, change of developer
– 2) “Open Source” - (see later)
•
License, to parties outside the Member States or outside scope of
peaceful space research or technology.
Other licenses
Other licenses
Other licenses
Other licenses
•
Public Domain Software
– Does not affect IPR
– IPR owner relinquish copyright voluntarily or by elapsed rights.
– Public domain software can be the basis of other work.
Other licenses
Other licenses
Other licenses
Other licenses
•
Open Source Software
– As public domain but with varying degrees of obligations and
restrictions added.
– Example: GNU GPL
• “Free” access to source, downloads
• Right to use pieces of the software in new products
• Freedom to distribute copies of free service, distributor may charge for
services including distribution
• Added, identifiable sections of the software, not derived from the open source
part, can be considered proprietary.
– Other common restrictions:
• Object only distribution
• Limited community
Other licenses
Other licenses
Other licenses
Other licenses
•
Open Source Software in ESA contracts
– Some developments can cause conflicts between general rules of the
Agency and conditions imposed by open source licenses
• Resolved in advance of development, either by waiving rules, or by dividing product into parts that can be handled separately without waiving restrictions.
– Open source developments by the Agency - new territory, subject of
workshop. Industry interest and implementing rules still to be
determined.
– Open source development important for e.g. PPP (public private
partnership) projects.
– Other open source scheme could be considered (e.g. share-holder
Other licenses
Other licenses
Other licenses
Other licenses
•
COTS Software
– Commercial ‘packaged products’
• Requires verification that conditions meet the needs of the project.
• Requires verification that imposed restrictions are enforced with the customer.
•
Proprietary Software.
• Contractor-owned software, not originally developed as part of ESA contracts. • Often implies lower initial price.
• Can include restrictions that are prohibitive, e.g.: – No access to code or documentation
– No access for re-distribution to competitors – No visibility to quality and maintenance options
