Following the release of our report, ‘The Myth of Open Source License Proliferation’ and during research for it, we heard and sensed a feeling that open source software licenses had evolved to become a generally well-accepted piece of the the enterprise IT and IP market. However, we also heard from numerous vendors, developers and other individuals that the next battlefront is obviously software patents, which are in need of reform, according to many supporters of free and open source software.

This week, we saw some of the software patent skirmishes that are driving and validating this thinking. There was first news that the Open Invention Network, the consortium dedicated to legal and IP defense of Linux, had bought some software patents that related to …

CodePlex, patents and Linux code. An interesting few days for Microsoft open source.

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CodePlex, CodePlex, CodePlex!
Microsoft launched the CodePlex Foundation to facilitate open source contributions, and confirmed the departure of Sam Ramji.

Patents, Patents, Patents!
The OIN confirmed the acquisition of 22 patents formerly owned by …

Reaction to EC’s Oracle-Sun delay. OIN to acquire ex-Microsoft patents. And more.

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“Tracking the open source news wires, so you don’t have to.”

Reaction to EC’s Oracle-Sun delay
Despite widespread criticism of the European Commission’s decision to open a formal investigation into Oracle’s proposed acquisition of Sun, Glyn Moody maintained that the EC deserves credit for making open source a central part of its analysis. Meanwhile Monty Program (by way of Steven J Vaughan Nicholls) explained why the EU should block Oracle/Sun, Roberto Galoppini reported …

Matt Asay has written an interesting post speculating that Oracle might use the delay caused by the European Commission investigation into its acquisition of Sun to drive the price down. Sounds reasonable enough to me.

In it, Matt makes a couple of statements, one I agree with: “Oracle… likely will prove to be a better manager of this asset than Sun was”; and one that I have real doubts about: “MySQL’s… doing just fine, thank you”.

MySQL might well be doing fine. Unfortunately Sun’s financial results don’t actually provide any evidence either way.

Billings for the MySQL/Infrastructure were up 51% to $313m in FY09, according to information presented with Sun’s financial results, with revenue hitting $100m (up 10%) in …

Topics for this podcast:

*EC pauses Oracle-Sun over MySQL
* Open source licenses debated
* Red Hat growth opportunities and Summit roundup
* Reductive Labs seeking cloud role for Puppet software
* VMware-SpringSource analyzed

iTunes or direct download (26:04, 5.9 MB)

By now you are probably aware that the European Commission has decided to launch an extended investigation into Oracle’s acquisition of Sun based on concerns over MySQL.

The new has prompted a lot of criticism of the EC, much of it suggesting that the delay will do considerable harm to Sun (and therefore Oracle). This argument is valid - Sun’s already declining revenue has been in freefall since the deal was announced and one wonders how far it will fall in another 90 days of stasis.

Other criticism, (such as this from Matt Asay) focuses on the suggestion that the delay will do little to help MySQL or its users, and that the EC fails to understand open source.

This also has some …

Intalio acquires Jetty. Red Hat updates JBoss platform. $12m funding for Medsphere. And more.

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“Tracking the open source news wires, so you don’t have to.”

# Intalio acquired Webtide, developer of Jetty application server.

# Red Hat delivered JBoss Enterprise Application Platform 5.0, as well as JBoss Operations Network (ON) 2.3 and launched Catalyst partner program.

# Medsphere raised $12m to support ongoing development and expansion in open source health IT.

UPDATE: The final vote is in and a winner has been declared, with Matt Asay and his arguments for the GPL taking the prize. You can see the debate or follow links to the other judges’ votes and thoughts here.

This is my assessment as a judge of the recent open source license debate held by the FOSS Learning Centre. We’ll have to begin with some qualifications and definitions, starting with the fact that there is no ‘best’ open source software license. Still, a star-studded open source software panel provided a lively, informative debate on the merits of some top open source licenses. For that, I congratulate and thank the panelists, Mike Milinkovich from the Eclipse Foundation arguing for the Eclipse Public License, Matt Asay of Alfresco arguing in favor of the GPL and David Maxwell from Coverity arguing for …

Jay has already provided a good overview of the debate related to the apparent decline in the usage of the GPLv2. I don’t intend to cover the same ground, but I did want to quickly respond to a statement made by Matt Asay in his assessment of the reasons for and implications of reduced GPLv2 usage.

He wrote:

“as Open Core becomes the default business model for ‘pure-play’ open-source companies, we will see more software licensed under the Apache license”

I don’t doubt that we will see more software licensed under the Apache license, and also more vendors making use of permissively-licensed code, but I don’t see a correlation with the Open-Core model.

Code scanning and management vendor Black Duck reports the GNU General Public License v2 (GPLv2) now dipping below 50% share of open source software. While we already knew that GPLv2 was somewhat in decline from its far greater share of open source code over the last 5-10 years, it is useful to know what pool of code we’re talking about. We must also remember that while GPLv2 may not be as dominant as it once was and that other licenses, particularly GPLv3, are quickly gaining share, GPLv2 is still quite relevant to enterprise open source software, is used in a variety of newer and popular applications across the enterprise stack and is likely to remain in the top 10 licenses for a long time.

Regarding GPLv2 and Black Duck’s findings, some folks are rightly asking what code and how much of it are we considering where GPLv2 accounts for half or less of the …