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This book has been a labour of love and is dedicated to the boys I love—Ronan, Rhys, and Dundee—and to the memory of my father, Chick, for whom I spent twenty-five years being a lawyer.
PART 1 INTELLECTU AL PROPERTY, CORPORATE, AND GOVERNANCE
5.5
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
Source Licence
8.4
8.5
9.2
Cristian Parrino
Mirko Böhm
PART 3 E VERYTHING OPEN
Foreword
Keith Bergelt, CEO, Open Invention Network
Open Source sofware is the single-most impactful driver of innovation in the world today. Te fact that it is a social movement supporting the notion of collaborative development cross-sector, cross-industry, and among and between individuals of diferent nationalities, races, and religions allows it to serve as an enduring model for innovation. No longer is sofware being developed in corporate silos where there is a cap on innovative output. By bringing smart people together from diverse backgrounds and experiences, elegant and functional code is being produced that would otherwise not be accessible.
While this model may have initially drawn adherents from primarily Western Europe and the United States, Japanese and Korean companies and individual coders began to participate actively in Open Source sofware projects in the midlate 2000s and have been closely followed by Chinese company participants over the last eight to ten years. In fact, recognition of the inevitability of Open Source has resulted in global participation in Open Source sofware projects managed by the likes of the Apache Foundation, Eclipse Foundation, the Linux Foundation, and many other organisations that have emerged to provide professional project management and ensure an efcient path to the release of important code that can be freely adopted and around which innovative products can be cost-efectively produced.
As Open Source sofware has evolved and proliferated in information technology (IT), telecommunications, electronics, mobile communications, computing, transportation, energy, banking, fnancial services, fntech, big data, the Internet of Tings (IoT), and many other sectors, the need for knowledgeable and experienced legal counsel has become acute. Copyright, trademark, and patent attorneys, in parallel with the explosive level of technical collaboration in Open Source sofware project communities, have been working in networks such as those managed and maintained by the Free Sofware Foundation Europe (European Legal Network), Linux Foundation (Member Legal Council), and Open Invention Network (Asian Legal Network) to share best practices and accelerate Open Source community-wide legal profciency, and through journals like the Journal of Law Technology and Society (formerly Free and Open Source Sofware Law Review).
Open Source sofware projects such as the Sofware Project Data Exchange (SPDX) and OpenChain, both explored in this text, have emerged as ISO-approved standards to enable content management and process discipline that ensures copyright compliance as part of comprehensive governance programs. Sofware compliance tool companies have also emerged to further support active copyright compliance.
On the patent front, Open Invention Network manages an ever-growing 3700-strong network of the largest and most signifcant patent holding companies in the world, committed to cross-licensing each others’ patents that read on core Linux and adjacent Open Source functionality and, in the process, forebearing patent infringement litigation. In addition, IBM, Microsof, and the Linux Foundation have joined with Open Invention Network to found the Unifed Patents’ Open Source Zone and mitigate patent risk to the broader Open Source community posed by patent assertion entities.
Te recurring theme across the Open Source technical and legal communities is that of collaboration.
Individuals and organisations come together to yield new novelty and innovate at unprecedented levels. Lawyers, recognising the need to build a community to protect and nurture the integrity of the social movement that underlies Open Source technical development, collaborate to enable copyright compliance and patent risk mitigation in the core of Linux and Open Source project functionality and generously share their knowledge.
At the end of the day, Open Source is about opportunity and obligation whereby manifest across the community is an implicit understanding that the opportunity to enjoy the benefts of co-opetition through Open Source project participation requires a concomitant obligation to adhere to a code of legal conduct and set of social norms.
Abbreviations
ACTA Anti-Counterfeiting Trade Agreement
AGPL GNU Afero General Public Licence
AI artifcial intelligence
AIA America Invents Act
AOSP Android Open Source Project
API application programming interface
ASF Apache Sofware Foundation
ASP application service provider
AST Allied Security Trust
BD benevolent dictator
BIOS Basic Input/Output System
BIS Bureau of Industry and Security
BOLO Be on the Look Out
BOM Bill of Materials
BSD Berkeley Sofware Distribution
BSL Business Source Licence
CAD computer-aided design
CAL Cr yptographic Autonomy Licence
CC Creative Commons
CCBY Creative Commons Attribution Licence
CCL Confuent Community Licence
CC0 1.0 Creative Commons Universal Public Domain Dedication
CCS Crown Commercial Service
CDDL Common Development and Distribution Licence
CEO Chief Executive Ofcer
CI/CD Continuous Integration/Continuous Development
CII computer-implemented inventions
CIO Chief Information Ofcer
CLA contributor licence agreement
CNC computer numerical control
CNCF Cloud Native Computing Foundation
CONTU Commission on New Technological Uses of Copyrighted Works
COSS commercial Open Source sofware
COTS Commercially available of-the-shelf
CPDA Copyright Designs and Patents Act 1988
CPP C++
CSIS Center for Strategic and International Studies
CSV comma-separated values
CTO Chief Technical Ofcer
DAO Decentralized Autonomous Organization
DCO Developer’s Certifcate of Origin
DD Debian Developers
DFARS Defense Federal Acquisition Regulations
DLT Distributed Ledger Technology
DMCA Digital Millennium Copyright Act
DOAJ Directory of Open Access Journals
DoD Department of Defense
DPL Debian Project Leader
DRM Digital Rights Management
DVD digital video disc
EAR Export Administration Regulations
ECJU Export Control Joint Unit
ECtHR European Court of human Rights
ECJ European Court of Justice
EFF Electronic Freedom Foundation
ENC Environmental Noise Cancellation
ENT Espace Numérique de Travail
EPC European Patent Convention
EPL Eclipse Public Licence
EPO European Patent Ofce
EU European Union
EUPL European Public License
FAQs frequently asked questions
FARS Federal Acquisition Regulations
FDL Free Documentation Licence
FLA Fiduciary Licence Agreement
FLOSS Free Libre and Open Source Sofware
FMCG fast-moving consumer goods
FPGA feld programmable gate array
FRAND fair, reasonable, and non-discriminatory
FSD Free Sofware Defnition
FSF Free Sofware Foundation
FSFE Free Sofware Foundation Europe
FTC Federal Trade Commission
FTP File Transfer Protocol
FUD fear, uncertainty, and doubt
GATS General Agreement on Trade in Services
GATT General Agreement on Tarifs and Trade
GCC GNU C++ Compiler
GDP gross domestic product
GDPR General Data Protection Regulation
GDS Government Digital Service
GEA General Export Authorisation
GPA Agreement on Government Procurement
GPL General Public Licence
HDL hardware description language
HP Hewlett Packard
ICO Initial Coin Ofering
ICT information and communications technology
IDABC Interoperable Delivery of European eGovernment Services to Public Administrations, Businesses and Citizens
IEA International Energy Agency
IEC International Electrotechnical Commission
IETF International Engineering Task Force
IoT Internet of Tings
IP intellectual property
IPO Initial Public Ofering
IP intellectual property right
IPR Inter Partes Review
IRS Internal Revenue Service
ISO International Organization for Standardization
IT information technology
ITAR International Trafc in Arms Regulations
ITC International Trade Court
ITU International Telecommunication Union
JEDEC Joint Electron Device Engineering Council Standards Development Organisation
KDE K Desktop Environment
LAMP Linux, Apache, MySQL, PHP
LFCF Linux Foundation Climate Finance Foundation
LGPL GNU Lesser Public Licence
LKM loadable kernel module
LoC lines of code
LOT Licence on Transfer
M&A mergers and acquisitions
MNO Mobile Network Operator
MOFCOM Ministry of Commerce (China)
MOST Ministry of Science and Technology (China)
MPL Mozilla Public Licence
NASA National Aeronautics and Space Administration
NC Creative Commons Non-commercial
NCSA Te National Cyber Security Alliance
ND no derivatives
NDA non-disclosure agreement
NHS National Health Service
NIST National Institute of Standard and Technology
NPEs non-practising entities
NTIA National Telecommunications and Information Administration
xxii Abbreviations
OASIS Organization for the Advancement of Structured Information Standards
OCI Open Container Initiative
ODH openly designed hardware
ODI Open Data Institute
OECD Organisation for Economic Co-operation and Development
OEM original equipment manufacturer
OFAC Ofce of Foreign Assets Control
OGEL open general export licence
OIN Open Invention Network
OKF Open Knowledge Foundation
on-prem on premises
OS Operating System
OSD Open Source Defnition
OSI Open Source Initiative
OSL Open Sofware License
OSPO Open Source Program Ofce
OTC Open Source Technology Center
OTT over the top
OU Open University
OWR open when ready
P2P person-to-person
para(s) paragraph(s)
PLoS Public Library of Science
PR public relations
PUBPAT Public Patent Foundation
QAA Quality Assurance Agency
R&D research and development
RAND reasonable and non-discriminatory terms
RCP Rich Client Platform
RDFa Resource Description Framework in Attributes
RF royalty free
RHEL Red Hat Enterprise Linux
RIT Rochester Institute of Technology
RMS Richard M Stallman
ROI return on investment
RPC remote procedure call
RPM RPM Package Manager
SaaS Sofware as a Service
SBOM sofware bill of materials
SCO SCO Group
SDO Standards Development Organization
SEC Securities and Exchange Commission
SEP Standard Essential Patent
SME small and medium-size enterprise
SOW Scope of Work
SPDX Sofware Project Data Exchange
SSPL Server-Side Public Licence
SV Satoshi’s Vision
TCO total cost of ownership
TDF Te Document Foundation
TEU Treaty on European Union
TFEU Treaty on the Functioning of the European Union
TPM technological protection measures
TRIPS Trade-Related Aspects of Intellectual Property Rights
UK United Kingdom
UN United Nations
UNESCO United Nations Educational, Scientifc and Cultural Organization
UPC Unifed Patent Court
UPC Unique Production Code
US United States
USC United States Supreme Court
USPTO US Patent Ofce
VC venture capital
W3C World Wide Web Consortium
WIPO World Intellectual Property Organization
WTO World Trade Organization
Contributors
Amanda Brock is CEO of OpenUK, the UK organisation for the business of Open Technology (open source software, open hardware and open data); elected Board Member, Open Source Initiative; appointed member of the Cabinet Office’s Open Standards Board; Member of the British Computer Society Inaugural Influence Board; Advisory Board Member, KDE, Planet Crust, Sustainable Digital Infrastructure Alliance and Mimoto; Charity Trustee Creative Crieff and GeekZone; and European Representative of the Open Invention Network. Amanda was awarded the UK Lifetime Achievement Award in the Women, Influence & Power in Law Awards, 2022, and included in Computer Weekly’s Most Influential Women and The UK Leaders in Tech long lists in 2021 and 2022. A lawyer of 25 years’ experience, she previously chaired the Open Source and IP Advisory Group of the United Nations Technology Innovation Labs, sat on the OASIS Open Projects and UK Government Energy Sector Digitalisation Task Force Advisory Boards and been an advisor to a number of start-ups including Beamery and Everseen. With law degrees from the University of Glasgow, New York University and Queen Mary and Westfield, University of London, Amanda was part of the first cohort to study internet law in the UK. She then spent 25 years practising law and almost 20 of those across companies in a variety of sectors, with a strong technology focus. She was the first lawyer working on the ISP Freeserve from 1999 and a member of the team which took it to IPO. She joined Canonical early stage as General Counsel setting up and running the global legal team for 5 years from 2008. A frequent international keynote speaker, Amanda writes regularly for the technology press, is Editor of Open Source, Law, Policy and Practice, being published by Oxford University Press in October 2022 with open access sponsored by the Vietsch Foundation. Listed as one of 20 CEO’s to Watch at https://www.linkedin.com/feed/update/urn:li:activ ity:6777656310428135424/, https://www.linkedin.com/in/amandabrocktech
Malcolm Bain is an English solicitor and Spanish abogado based in Barcelona, working for the last twenty years in ICT law and focusing on Open Source and open content projects. He has advised universities, government, industry, and startups on intellectual property strategy, management, and licensing, and participated in many conferences and seminars on the legal aspects of Open Source and open data. He is a member of FSF-Europe and CATPL, the Catalan association for free software businesses.
Miriam Ballhausen is a partner at Bird & Bird, LLP, specialising in technology, software, digital media, copyright, data, and data protection law with a particular focus on the collaborative development of Open Source software, open data, and open hardware. She served on the advisory council of the Legal Network of the Free Software Foundation Europe and has been involved in several Open Source enforcement cases in Germany. In her daily work, she regularly works with clients on implementing Open Source licence compliance program and advises them on all issues related to Open Source.
Knut Blind took his Bachelor’s degree at Brock University (Canada), prior to fnishing his Diploma in Economics and later his doctoral degree at Freiburg University. Since 1996, he joined the Fraunhofer Society. Currently, he is head of ‘Innovation and Regulation’ at the Fraunhofer Institute for Systems and Innovation Research located in in Karlsruhe, Germany. In April 2006, he was appointed Professor of Innovation Economics at the Faculty of Economics and Management at the Technische Universität Berlin. Between 2008 and 2016, he held also the endowed chair of standardisation at the Rotterdam School of Management of the Erasmus University.
Mirko Böhm is an Open Source sofware contributor to the KDE Desktop, the Open Invention Network, the Open Source Initiative, and other projects. He is a visiting lecturer and researcher on Open Source sofware at the Technical University of Berlin, a certifed Qt specialist and trainer and a fellow of the Openforum Academy. He leads sofware engineering projects at Mercedes-Benz where he applies a wide range of experience as an entrepreneur, corporate manager, sofware developer, and German Air Force ofcer. He lives with his wife, two children, and two cats in Berlin, Germany.
Michael Cheng is a former network engineer, M&A Attorney, and product manager. He is currently Vice President, Head of Corporate, Mergers & Acquisitions, and Intellectual Property at Dapper Labs. Prior to this, Michael was a product manager at Facebook/Meta where he represented the company as the face of its investments in Open Source. He has previously served on the Linux Foundation Board of Directors (Member), ML Commons (Treasurer), Confdential Computing Consortium (Board Member), Urban Computing Foundation (Board Member), OpenChain (Board Member), Open Invention Network Technical Advisory Committee (Member), and the Magma Foundation (Board Chair).
Pamela S. Chestek is the principal of Chestek Legal in Raleigh, North Carolina. She counsels creative communities on Open Source sofware, brand, and marketing matters. Prior to returning to private practice, she held in-house positions at footwear, apparel, and high technology companies and was an adjunct law professor teaching a course on trademark law and unfair competition. She is a frequent author of scholarly articles, and her blog, Property, Intangible, provides analysis of current intellectual property case law. She is admitted to practice in California, Connecticut, the District of Columbia, Massachusetts, New York, and North Carolina, and has been certifed by the North Carolina Board of Legal Specialization in Trademark Law.
Mishi Choudhary is a technology lawyer. Te Open magazine calls her an emerging legal guardian of the free and open Internet. She is the Legal Director of the New York-based Sofware Freedom Law Center and Partner at Moglen & Associates. She has served as the primary legal representative of many of the world’s most signifcant free sofware developers and non-proft distributors. She advises technology startups and established businesses around the world on Open Source sofware licensing and strategy. In 2010, she founded SFLC.in. Under her direction, SFLC.in has become the premier non-proft organisation representing the rights of Internet users and free sofware developers in India.
Shane Coughlan is an expert in communication, security, and business development. His professional accomplishments include building the largest Open Source governance
community in the world through the OpenChain Project, spearheading the licensing team that elevated Open Invention Network into the largest patent non-aggression community in history and establishing the frst global network for Open Source legal experts. He is a founder of both the frst law journal and the frst law book dedicated to Open Source. He currently leads the OpenChain Project, acts as an advisor to both World Mobile and Asylum Labs, and is a General Assembly Member of OpenForum Europe.
Toby Crick is a partner in Bristows LLP’s technology group and advises on and negotiates commercial, technology, and outsourcing agreements. He has particular expertise in working with clients to help them manage and structure complex deals and is recognised for his work on digital transformation projects and his work with clients to manage Open Source sofware in regulated environments. He is a Trustee of the UK’s Society for Computers and Law and lectures widely on IT, e-commerce, cloud computing, agile sofware development, and outsourcing including at ITechLaw, University College London (where he teaches on Open Source) and Queen Mary University of London.
Richard Fontana is Senior Commercial Counsel at Red Hat. He specialises in legal matters relating to sofware development, with a focus on Open Source. He is a former board director of the Open Source Initiative. Fontana was previously Senior Director and Associate General Counsel for Cloud and Open Source at Hewlett-Packard and Counsel at the Sofware Freedom Law Center. Earlier in his career he practised intellectual property and antitrust law. He is a graduate of the University of Michigan Law School (Juris Doctor), Yale University (Master of Science in Computer Science), and Wesleyan University (Bachelor of Arts in History).
Ross Gardler has been working on Open Source sofware for close to twenty-fve years, participating in many projects with a focus on building healthy collaboration environments that create opportunities for open innovation across multiple felds. He served for a number of years as the President of the Apache Sofware Foundation and currently serves on the Board of Directors for OASIS Open at the intersection of rapid Open Source sofware innovation and stable interoperability through the slower but more precise standards process. He currently works for Microsof contributing to the growth of Linux workloads on Azure.
Andrew Katz is a solicitor practising in England and has specialised in open technologies for over 25 years. He leads the Technology team at Moorcrofs LLP in the Tames Valley and has advised businesses, governments, non-governmental organisations, and foundations around the world on open licensing and governance. He is co-author of the CERN Open Hardware Licence, and is a visiting researcher at Queen Mary University of London and the University of Skövde. He lectures frequently, and has written numerous papers on open technologies. He was lead open hardware author on the European Commission’s 2021 Paper on the Impact of Open Source Sofware and Hardware on the EU Economy. He has written and released sofware under the GPL.
Jilayne Lovejoy is a US lawyer and community leader who has held various community and in-house roles related to Open Source. She co-leads the Sofware Package Data Exchange® (SPDX) legal team, helps maintain the SPDX License List, and co-authored the FINOS Open Source License Compliance Handbook, an open-licensed human and machine-readable
handbook for licence compliance. Currently, she is product counsel at Red Hat working on a variety of issues. Prior roles include legal counsel at Canonical and principal Open Source counsel at Arm, where she drove improved processes related to Open Source, including forming and chairing the Arm Open Source Ofce.
P McCoy Smith is the Founding Attorney at Lex Pan Law LLC, a full-service technology and intellectual property law frm, and Opsequio LLC, an Open Source consultancy, both in Portland, Oregon, USA. He spent 20 years at a Fortune 50 multinational technology company as an intellectual property attorney, where he ran Open Source legal policies. He spent eight years in private practice, as a patent litigator and prosecutor, in a New York City-based law frm, and three years as a patent examiner at the US Patent & Trademark Ofce. He has an honours engineering degree (Colorado State University), a graduate liberal arts degree (Johns Hopkins University), and a law degree (University of Virginia). He also taught the US patent bar exam, and is on the editorial board of the Journal of Open Law, Technology & Society. He is licensed to practice law in Oregon, California, and New York, and to prosecute patent and trademark applications in the US and Canadian Patent & Trademark Ofces.
Iain G Mitchell KC is a member of the Scottish and English Bars, ranked in Chambers Directory and the Legal 500 for Commercial Litigation, Intellectual Property and Information Technology law. He is Chair of the Scottish Society for Computers and Law, the UK expert on the IT Committee of the CCBE, and past Chair of its Surveillance Working Group. He is a member of the IT Panel of the Bar Council of England & Wales. the legal panel of Open UK and an Honorary Lecturer in IT Law at Münster University. He is a joint editor of the Journal of Open Law, Technology and Society.
Cristian Parrino is a tech turned social entrepreneur and sustainability advisor. He is OpenUK’s Chief Sustainability Ofcer where he focuses on the intersection of open technology and societal value. He is also the CEO of childhood cancer charity, the Azaylia Foundation, and a Board Trustee at citizen science charity, Earthwatch Europe, and youth climate action charity, InterClimate Network, where he also co-leads on the Youth Action Against Climate Change All-Party Parliamentary Group. Previously, he was the co-founder and CEO of sustainable behaviour change startup Greengame, and the Vice President of Mobile and Online Services at Canonical.
Carlo Piana is a qualifed lawyer in Italy and an Open Source sofware advocate. Former General Counsel to the Free Sofware Foundation Europe, which he represented along with the Samba Team in cornerstone antitrust cases to ensure freedom of interoperability in the PC and Internet market. In the 2022 he was elected to the Board of the Open Source Initiative and became a member of the Steering Committee of the Eclipse Oniro Working Group. He acted in the frst reported GPL enforcement case in Italy. He is a founding member of Array, a boutique IT law frm, and a partner of OpenChain.
Mark Radclife is a senior partner who practises in DLA Piper’s Silicon Valley ofce and is Co-Chair of its Blockchain and Digital Assets practice. He has been advising on Open Source matters for over twenty years, with projects ranging from the development of the dual licensing model to the open sourcing of the Sun Microsystems’ Solaris operating
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GOOCH,
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“In Mr Gooch Lord Courtney has found an admirable biographer. His wide and exact knowledge of contemporary politics is always felt in the background and never obtruded. He lets his hero speak for himself, and, what cannot have been easy, suppresses his own judgment and opinions.”
G. L. D.
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Sat R 130:54 Ag 17 ’20 1200w
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Cath World 112:405 D ’20 190w
“The most sensitive Pole cannot object to the book, neither can the Jews, and the American can by reading it get a splendid idea of the Poland of today. Reading the book will increase one ’ s knowledge but not one ’ s faith in the human race. ” E. A. S.
Grinnell R 16:358 F ’21 250w
N Y Evening Post p24 O 23 ’20 90w
“Captain Goodhart recorded incidents he saw and heard, without prejudice, as a keen observer, with a fine sense of humor and of fairness. His diary is a very readable little book, containing much information that is quite valuable and entertaining. He holds no brief for either side.” Herman Bernstein
N Y Times p6 D 12 ’20 2150w
R of Rs 63:111 Ja ’21 100w
Spec 125:185 Ag 7 ’20 180w
“Full of local touches and descriptions of life in Poland which make it very vivid. One cannot help wondering a little that in the publication of a diary of experiences by a representative of a government commission no reference is made to the final report of the commission.” M. A. Chickering
Survey 45:514 Ja 1 ’21 250w
“Mr Goodhart has written a very interesting book on Poland which, though unassuming in form, will be of more help to the ordinary reader in understanding Polish conditions and Polish problems than many more elaborate works.”
Times [London] Lit Sup p527 Ag19 ’20 1200w
GOODRICH, CARTER LYMAN.
Frontier of control: a study of British workshop politics. *$2 (4c)
Harcourt 331.1
20–20526
Industrial unrest today is less a matter of wages than of control of industry. It is a “straining of the spirit of man to be free.” The author went to England to study the present extent of workers’ control in British industry and the book states the facts of his findings without generalizations. R. H. Tawney writes a foreword to the book in which he states the task the author has set himself to do as: “the analysis of industrial relationships, of the rules enforced by trade unions and employers’ associations, of the varying conditions which together constitute ‘the custom of the trade’ in each particular industry, and of the changes in all these which took place during the war. ” The book falls into two parts: Introduction: The demand for control; and The extent of control. Some of the chapters under the latter are: The frontier of control; Employment; Unemployment; “The right to a trade”; “The right to sack”; The choice of foremen; Special managerial functions. There is a note on sources and an index.
Booklist 17:141 Ja ’21
“The study forms an excellent basis for generalizations concerning complete self-government in industry.”
Socialist R 10:30 Ja ’21 120w
GOODWIN, JOHN.[2] Without mercy. *$2 (2c)
Putnam
20–14762
The story of a mother’s fight for her daughter’s happiness. Margaret Garth is the only child of Mrs Enid Garth, head of Garth’s, London’s most powerful bank. When Margaret promises to become the wife of John Orme, she arouses the enmity of Sir Melmoth Craven, an unsuccessful suitor, and he determines to seek revenge. So the story resolves itself into the conflict of wits and wills between Mrs Garth and Sir Melmoth. Both are strong and clever characters and both have powerful interests behind them. Sir Melmoth is entirely unscrupulous and hesitates at nothing, whether it be abducting the girl, or convicting her fiance of wilful murder. On the other hand, Mrs Garth, where Margaret’s happiness is concerned, is absolutely without mercy, and as she has right on her side, she finally wins out, after a series of shrewd moves on both sides.
“Even for a ‘first book’ this novel is quite bad. It is so full of melodramatic clap-trap, one fails to see the trees for the wood. In style it is a frothing brook; in sentiment it is strained and banal; its wooden motivation reflects its still more wooden characterizations.”
N Y Evening Post p20 O 23 ’20 140w
“Notwithstanding its crudity of style and the lack of any really powerful passages anywhere, the novel holds the interest to the end.”
N Y Times p25 D 19 ’20 290w
The Times [London] Lit Sup p442 Jl 8 ’20 100w
GORDON, ALEXANDER REID. Faith of
Isaiah, statesman and evangelist. (Humanism of the Bible ser.) *$2.25 Pilgrim press 224
(Eng ed 20–6575)
“This series, in which Mr Gordon’s book makes the eighth volume, has been marked by its judicious selection of subject; and by its success in presenting to modern minds a fresh significance in studies of Job, Proverbs, the Psalms, St Paul, etc. Isaiah lends itself specially to this ‘humanistic’ treatment in the hands of a well-known exponent of the Old Testament literature who is a professor at McGill university and at Presbyterian college, Montreal. It is not his rôle to enter into critical discussion of text and authorship, but he necessarily accepts and embodies in his historical setting of the parts of the Book of Isaiah the conclusions of modern criticism as to the Deutero-Isaiah. Many of the numerous poetical translations (and parts of the text) are reproduced from Dr Gordon’s ‘Prophets of the Old Testament.’” The Times [London] Lit Sup
“From the point of view of homiletics it may be acclaimed unhesitatingly as high-grade work. While the book is an example of stimulating preaching, yet one feels that the reader will come away from it with a very unsatisfactory and hazy idea of the real Isaiah.”
Bib World 54:436 Jl ’20 280w
The Times [London] Lit Sup p635 N 6 ’19 130w
GORDON, GEORGE ANGIER. Humanism in New England theology. *$1.25 (18c) Houghton 285
20–5985
This little book commemorates the tercentennial year of the landing of the Pilgrims. The author holds that every form of theism is founded upon a humanistic interpretation of the universe; that the New England divinity is at heart a variety of humanism which will endure as a type although as a system of opinion it has passed away. He moreover holds that there are two great types of theism, the Unitarian and the Trinitarian; the New England theology belonging to the latter. Coming in a direct line of descent from this faith the author confesses himself as an “out-and-out Trinitarian” whose conception of man is that of an essentially social being. The essay appeared in the Harvard Theological Review for April, 1907.
Booklist 16:296 Je ’20
Boston Transcript p11 Ap 3 ’20 580w
“We wish that he had avoided the treacherous word ‘humanism.’ We have dwelt on this linguistic point because it really corresponds to a loose way of thinking, now too general, and, in particular, points to a vice in Dr Gordon’s treatment of theology which goes far, in our
opinion, to negate the value of an otherwise interesting book. To us the best of the book, which withal has much to commend, is its more personal characterization of some of the earlier divines.”
Review 3:47 Jl 14 ’20 420w
Springf’d Republican p8 S 28 ’20 600w
GORDON, MARY DANIEL. Crystal ball. il *$2 (5½c) Little
20–17022
A fairy story. The dearest wish of the King of Moondom is to possess the crystal ball from the garden of the sun. His two children, Prince Jock and Princess Joan make up their minds to get it for him for a birthday gift, and equipped with a tin of biscuits, toy pistol, drinking cups and compass, they set forth. A tinker joins their expedition and a gypsy fortune teller helps them on their way and they are successful in the object of their quest.
“A story which the young people will read with eagerness. ”
Boston Transcript p4 O 20 ’20 210w
“Her tale is lively, if undistinguished.”
N Y Evening Post p10 S 25 ’20 110w
GORDON-SMITH, GORDON. From Serbia to Jugoslavia; Serbia’s victories, reverses and final triumph, 1914–1918. *$2.50 (3c) Putnam 949.7
20–6737
To this “story of Serbia’s crucifixion,” S. Y. Grouitch, minister of the Serbs, Croats and Slovenes, contributes a foreword and says of the author that he has followed the Serbian campaign personally and closely, as war correspondent attached to the Serbian headquarters. The introduction contains a brief history of the political and military constellation of the Balkan states at the beginning of the war and the book is not only a record of the heroic struggles and sufferings of “ one of the bravest peoples in the world” but of a series of Allied mistakes committed along the eastern front, which, the author claims, were responsible for much of the defeat and suffering and for a prolongation of the war. The book falls into two parts: 1, From the Danube to Durazzo the Germano-Austro-Bulgarian attack on Serbia; and 2, The campaign on the Salonica front. There is an insert general map of the Balkan war area.
Booklist 17:24 O ’20
“We are impressed first of all with the clarity which distinguishes Mr Gordon-Smith’s exposition of the Serbian war story.” D. L. M.
Boston Transcript p6 Je 16 ’20 630w
Ind 104:68 O 9 ’20 30w
“The book is of absorbing interest.”
Outlook 126:768 D 29 ’20 80w
“As a history of the heroic and tragic part played by Serbia in the great war Gordon-Smith’s book ‘From Serbia to Jugoslavia’ fills a useful place. There is perhaps too much special pleading.”
Review 3:111 Ag 4 ’20 260w
R of Rs 61:670 Je ’20 60w
GORELL, RONALD GORELL BARNES, 3d baron. Pilgrimage. *$2.40 Longmans 821
20–18248
“After the poem called Pilgrimage from which the volume is named, and in which the author gives the key of his spiritual aspiration, there is a group of Shorter poems, four tales of fairly good narrative measure, Youth in idleness, On the Ponte Vecchio, Florence, The coward, and Autumn in Flanders, a suspended commentary on the war, and group of dramatic episodes called Closing scenes, which chronicle the last moments of Hannibal, Mary Stuart, a district commissioner dying of fever in Africa, and the garrulous retrospection of an aged London clerk on a dull, sultry August day.”—Boston Transcript
Ath p472 O 8 ’20 150w
Reviewed by
R. M. Weaver
Bookm 52:64 S ’20 40w
Boston Transcript p6 Ag 7 ’20 1400w
“Lord Gorell has two distinct manners. The shorter pieces are sensitive and wistful, but he can also manipulate the grand style, and in the finely imagined recitative of ‘The district commissioner’ he has given us the best thing of the kind that has been written since Lyall’s ‘Theology in extremis.’”
Times
Lit Sup p361 Je 10 ’20 580w
JOSEF, and STOWE, LYMAN BEECHER. Inside story of Austro-German intrigue; or, How the world war was brought about. *$3 (3½c) Doubleday 940.311
20–5203
Dr Gori[)c]ar, who supplied the facts for this volume is a Slovene who was for fourteen years in the Austro-Hungarian foreign service where he received first-hand knowledge of the rivalries and intrigues which preceded the war. Albert Bushnell Hart, in his introduction to the volume, points out its object as being an examination into three fundamental questions: (1) the criminal policy which it (the empire) pursued in foreign affairs, including the partnership with Germany in a far-reaching plan of conquest and spoliation; (2) the enmity alike of Germans and Magyars to the Slavs, whether within or
without their empire; and (3) the deliberate bringing on of the great war to serve the arrogance and ambition of the ruling classes. Successive chapters are devoted to the various attempts of the Austro-German war parties to precipitate a war against Serbia and Russia, between 1906–1914 till at last a casus belli was constructed out of the archduke’s murder. Among the closing chapters are: Russian mobilization as the cause of the war a glimpse behind the scenes in Berlin during the first three months of the war; Mobilizing half a million men in America—how the Austro-Hungarian consulates secretly raised an army behind America’s back. There is an appendix.
“His wide contacts with diplomatic affairs make this a contribution of new views based on materials hitherto inaccessible.”
Booklist 16:274 My ’20
“Although the greater part of the historical material introduced by Dr Goricar is not new, he manages to throw a number of fresh sidelights on the general program of the German-Austrian-Magyar war parties. Reliance on newspaper opinion is notoriously dangerous but Dr Goricar quotes so profusely and intelligently that his case is materially strengthened.” H. F. Armstrong
Nation 111:sup420 O 13 ’20 1500w
“As Mr Lyman Beecher Stowe is responsible for the English, it is unnecessary to say the style is lucid and simple. One can never miss the author’s meaning, and this makes a book which otherwise might be difficult very easy reading. The revelations made in this volume are by no means new to any diplomatist stationed in Europe during the years immediately preceding 1914; but for the public at large they are admirably stated here.” M. F. Egan
Night’s lodging; scenes from Russian life in four acts. (Contemporary dramatists ser.) *$1 Four seas co. 891.7
20–26568
This drama of the underworld is translated from the Russian by Edwin Hopkins and is here printed with an introduction by Henry T. Schnittkind. The latter contains a short summary of Gorki’s life with an equally short characterization of his dramas.
“Mr Hopkins’s translation is frequently uncouth and difficult to read. Undoubtedly that is true of the original but in a different way, since it represents the staccato utterance of Russian speech. One could hardly imagine it possible that in its present form it would be intelligible on the stage. But who would desire to see it on the stage?”
+ N Y Times 25:115 Mr 14 ’20 3000w
Boston Transcript p4 Je 2 ’20 240w Springf’d Republican p13a Ap 25 ’20 330w
GORKI, MAXIM, pseud. (ALEXEI
MAXIMOVICH PYESHKOFF).[2] Reminiscences of Leo Tolstoy. *$1.50 Huebsch
The reminiscences are pieced together from notes jotted down after various meetings between the author and Tolstoy. Gorki knew Tolstoy intimately and reveals him in many new lights and from many different angles. Sometimes he is very human, sometimes the impression is that of a pilgrim “terribly homeless and alien to all men and things”; always he is infinitely wise. Gorki did not love him but felt: “I am not an orphan on the earth so long as this man lives on it.” At his death he did indeed feel orphaned and cried inconsolably and in bitter despair. He leaves this predominant impression of Tolstoy: “This man is godlike.” The translators of the book from the Russian are S. S. Koteliansky and Leonard Woolf.
Reviewed by S. Koteliansky
Ath p587 Ap 30 ’20 2300w
“In his attempt to ‘understand’ Tolstoy. Gorky enjoyed the considerable advantage of being himself a Russian. We do not know the precise value of this qualification, but we may suppose it to be considerable. On the other hand, we think that Gorky was at a considerable disadvantage in being a romantic.” J. W. N. S.
Ath p77 Jl 16 ’20 1300w
“To convey so much in so short a book is a nice illustration of Gorky’s own courageous expressiveness. Because he respected his emotions regarding this old Titan of Russia, we have now one of the
most real of biographical contributions. And yet most editors and publishers would have felt that these were mere fragments and would have howled for the circumstantiality of ‘fact.’” F. H.
New Repub 25:172 Ja 5 ’21 1450w
“Withal, the greatness of Tolstoy’s remarkable personality is enhanced rather than diminished by this snapshot of the old ‘earthman, ’ to use Merejkovsky’s term, which here takes on a special significance.”
N
Y Evening Post p10 D 31 ’20 250w
“Gorky’s book is particularly valuable because it reveals not only Tolstoy as he saw him, but unconsciously Gorky reveals himself also.” Herman Bernstein
N Y Times p3 Ja 9 21 3100w
“It will be seen how penetrating a study Gorky has made and how the man who emerges from his powerful charcoal lines differs from the smug ‘child of nature’ of the official portraits.”
Spec 125:212 Ag 14 ’20 1350w
“Tolstoy was too great for official biography; Gorky saw him only in fragments, but he has drawn him as Tolstoy drew his own characters, or rather, perhaps, as Dostoevsky drew his. There is no
effort at an unreal synthesis, none even at judgment; what might seem to be judgment is only a record of feelings which are strong and excessive as their subject was strong and excessive.”
The Times [London] Lit Sup p453 Jl 15 ’20 1200w
GOSSE, EDMUND WILLIAM. Some diversions of a man of letters. *$2.50 Scribner 824
A20–530
“To his latest collection of literary essays Mr Gosse gives the cumbersome title ‘Some diversions of a man of letters.’ It combines in its pages seventeen excursions into the highways and byways of literature, its figures being of every grade of prominence from Shakespeare to Caroline Trotter, the precursor of the bluestockings. Here we shall find discussed not merely such obvious subjects as: The charm of Sterne; The challenge of the Brontes; The centenary of Edgar Allan Poe; and The lyric poetry of Thomas Hardy; but also the less conspicuous but equally interesting material offered by the lives and the literary work of Joseph and Thomas Warton, of Bulwer, of Disraeli, and of Lady Dorothy Nevill. In addition Mr Gosse also discourses on: Fluctuations of taste; The future of English poetry; and The agony of the Victorian age. ” Boston Transcript
“Mr Gosse’s diversions are also our diversions; for to anyone with a literary tincture of mind these miscellaneous studies in criticism and biography are the best and most entertaining of reading. Perhaps the best thing in the book is Mr Gosse’s account of two
