Below are my publications as an Editor, a Researcher and an Artist. The former two roles are primarily focused on software licensing, governance approaches, community and business best practice. The latter is primarily focused on photography and accompanying prose.

Highlighted Work

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Shane Coughlan is a Fellow of the OpenForum Europe think tank, a not-for-profit industry organisation launched in 2002 to explain the merits of openness in computing to politicians and legislators across Europe with the goal of ensuring open, competitive choice for IT users. Two notable OFE publications he oversaw as an Editor are Thoughts on Open Innovation (2013) and Research on Open Innovation (2014), both freely available as Open Access texts under liberal licensing terms.

cover_issue_8_en_USShane is a Founding Editor of the International Free and Open Source Software Law Review. IFOSS L. Rev. is a collaborative legal publication aiming to increase knowledge and understanding among lawyers about Free and Open Source Software issues. Topics covered include copyright, licence implementation, licence interpretation, software patents, open standards, case law and statutory changes. Shane has published two articles in this peer reviewed journal: Introducing the Risk Grid (2009) and Strategic Discourse Around Open Source Governance in Asia (2015).

51jwukAhgpL._SX346_BO1,204,203,200_Shane is a Founding Editor of the International Free and Open Source Software Law Book (2011, 2014). This publication is targeted towards lawyers, jurists and academics, and positioned as an international bench mark reference work. It provides an introduction to software protection, a general analysis of FOSS under local legislation and an overview of local FOSS cases (if any) for each country covered. The 2nd Edition released in 2014 covers 13 countries.

product_thumbnail-1.phpShane has an academic background as a Linguist and Political Scientist. His graduate school research focus was policy in cyber warfare and his research paper from 2003 provides one of the first academic definitions of the subject. The Second Edition of this paper, freely available for eBook readers and tablets, was released in March 2016. It can be found on this website as well as Amazon, iBookstore, the Barnes and Noble NOOK bookstore and the Kobo bookstore.

Full Bibliography

As an Editor

Research on Open Innovation
OpenForum Europe, 2014
This book compiles full length research papers by respected experts in the field of Open Innovation. Together they help explain what an open innovation-based ecosystem could look like and how it could operate. The intent is to help readers consider what aspects of Open Innovation could accelerate their work in whatever field they reside. The underlying message is that there is a great deal of value in engaging with a community committed to openness.

International Free and Open Source Software Law Book [Second Edition]
OpenSourcePress, 2014
As legal systems differ throughout the world there are significant differences in how Free and Open Source Software licenses are treated in different countries, and it can be difficult to obtain reliable information on national interpretations. The International Free and Open Source Software Law Book engages with this by providing a clear yet thorough analysis of Free and Open Source legal matters written and maintained by local experts. The publication is targeted towards lawyers, jurists and academics, and positioned as an international bench mark reference work. It provides an introduction to software protection, a general analysis of FOSS under local legislation and an overview of local FOSS cases (if any) for each country covered. The 2nd edition of the book features both new and updated chapters to ensure professionals remain abreast of the latest developments and market growth of Open Source.

Thoughts on Open Innovation
OpenForum Europe, 2013
Open Innovation is everywhere. However, the precise scope of Open Innovation, its impact on daily life, and the policy measures needed to sustain it are still a matter of intense discussion and debate. This book goes some way to addressing these challenges. It covers openness in software, data and access in an accessible way with essays penned by leading thinkers in each field. It forms part of OpenForum Academy’s policy outreach and is presented by the Fellows from our think-tank.

The First Openforum Academy Conference Proceedings
OpenForum Europe, 2012
OFA held its first conference for the think-tank Fellows in late September 2012. This event marked the first time that a broad range of thinkers in Open Innovation met to consider their field in the context of economics, society and global affairs, and was accompanied by the launch of the first book of collected essays from the participants.

International Free and Open Source Software Law Book
OpenSourcePress, 2011
As legal systems differ throughout the world there are significant differences in how Free and Open Source Software licenses are treated in different countries, and it can be difficult to obtain reliable information on national interpretations. The International Free and Open Source Software Law Book engages with this by providing a clear yet thorough analysis of Free and Open Source legal matters written and maintained by local experts. The publication is targeted towards lawyers, jurists and academics, and positioned as an international bench mark reference work. It provides an introduction to software protection, a general analysis of FOSS under local legislation and an overview of local FOSS cases (if any) for each country covered.

International Free and Open Source Software Law Review
IFOSS L. Rev., 2009 – 2011
IFOSS L. Rev. is a collaborative legal publication aiming to increase knowledge and understanding among lawyers about Free and Open Source Software issues. Topics covered include copyright, licence implementation, licence interpretation, software patents, open standards, case law and statutory changes. It is the first peer reviewed legal journal specialising in Open Source Software.

As a Researcher

Review of Estimation Method of Economic Effects Created by Using Open Data
OpenSym ’16: Proceedings of the 12th International Symposium on Open Collaboration Companion
Public data collected or possessed by administrative agencies and subsequently released as Open Data is expected to bring about positive economic effects. The purpose of this paper is to establish whether that expectation holds true and how to best estimate the positive economic effect provided by the utilization of open data. This paper considers previous research covering the economic impact of open data and the utility of the approaches they suggest.

The Fallacy of Absolute Awareness
Medium, April 2016
This articles explores the question of how effective information monitoring actually is and what this means for policymakers. It addresses the question of how the base rate fallacy impacts communications monitoring in the context of anti-terrorism activities and unpacks scope of the false negatives and false positives that must be taken into account. The conclusion is that while Total Information Awareness may be an aspirational goal it is not necessarily a mathematical reality.

Quantum Encryption for Real People
Medium, March 2016
This article helps explain why quantum encryption is important, how it works in the context of the uncertainty principle or entanglement, and to what extent it is a “magic bullet” for securing communications.

Security is a Process
Medium, March 2016
This article explains how security is a way of anticipating or reacting to problems. It explores how security meets its goals through considering potential dangers or weaknesses in a given context and how it always involves a compromise between theoretical perfection and usable solutions. The core message is that good security is a known compromise.

Is There A Common Understanding Of What Constitutes Cyber Warfare? – A grounded qualitative analysis using media, institutional, government and military sources [Second Edition]
Lulu, March 2016
This paper applies a qualitative grounded theory analysis to delineate a common understanding of the constitution of cyber warfare from twelve media, institutional, educational, governmental and military sources. Partly motivating this is the need to address the confusion between cyber warfare and what is termed ‘Information Warfare’, a broad discipline encompassing all military information operations. Another motivation is the hypothesis that agreement on the constitution, danger and potential of cyber warfare is unsubstantial or vague, that cyber warfare is a misunderstood or neglected concept, and perhaps even suffers from hyperbole and misrepresentation. Though there is a high public awareness of cyber war, there is little attempt to define the concept in existing literature. This paper unpacks the scope, danger and timescale of cyber warfare according to existing texts, and lays the foundation for an analytical framework of patterned and coherent research. In doing so, it uncovers a surprising amount of agreement in the field, and the following definition of cyber warfare emerges from the study:

“Cyber warfare is symmetric or asymmetric offensive and defensive digital network activity by states or state-like actors, encompassing danger to critical national infrastructure and military systems. It requires a high degree of interdependence between digital networks and infrastructure on the part of the defender, and technological advance on the part of the attacker. It can be understood as a future threat rather than a present one, and fits neatly into the paradigm of Information Warfare.”

Strategic Discourse Around Open Source Governance in Asia
International Free and Open Source Software Law Review, November 2015
Open Source governance in Asia is of importance for US and European technology businesses. However, the collaborative limits to formal contracts or international treaties require initiatives that facilitate the sharing of best practices in a manner more conducive to far reaching collaboration. With Asian companies increasingly visible around development in certain platform technologies, not least those related to mobile and cloud computing. the terrific opportunity that lies ahead for the global technology industry is to maximise collaboration. This article explains some initiatives that seek to bridge as much as possible the knowledge present in America, Europe and Asia so the most valuable ideas travel to all interested parties.

FOSS Governance and Collaboration: From A Good Idea to Coherent Market Approach [Revised Edition]
Research on Open Innovation, OpenForum Academy, September 2014
Free and Open Source Software (sometimes called Open Source or FLOSS, and referred to in this paper by the commonly used term FOSS) is an approach to software that emphasizes the freedoms provided to end users. Originally formulated in 1983 by a computer scientist concerned with access to technology, it has become a central component of mainstream IT. The popularity of FOSS has produced a wealth of related terminology and perspectives which occasionally lead to confusion about what it actually is and what are the best ways to engage with the field. This paper will address such confusion by providing a clear overview of FOSS, how it works, and why it is successful. It will go back to first principles in defining FOSS, explaining the concept of licensing that underpins it, and examining how this paradigm facilitates multiple development and business models. The key assertion is that the productive application of FOSS relies on good governance and active collaboration. While it is difficult to determine which precise governance model (or models) may be best suited to the long-term sustenance of FOSS as an approach to developing knowledge products, the indicators provided by the previous two decades suggest that FOSS governance will continue to be effectively refined by its stakeholders.

A Case Study of the Collaborative Approaches to Sustain Open Source Business Models
Proceedings of the 9th International Symposium on Open Collaboration (WikiSym + OpenSym 2013), August 2013
Open source licenses provide everyone with the legal right to use, study, share, and improve the technology they cover from the perspective of copyright law. However, there are occasions when open source software packages or projects primarily governed by copyright licenses come into potential conflict with patent issues, or suffer from other governance concerns regarding third-party Intellectual Property Rights (IPR). From an economic perspective it is interesting how instead of undermining adoption, such challenges have led to an increase of collaborative governance solutions in open source, perhaps inspired by how such collaboration in development and business matters has provided benefit to stakeholders. In this paper, we show this evolution of collaborative solutions in open source business by actual example, and in the process illustrate how this unique approach to dealing with diverse ownership across business sectors works in practice.

Data Twist: An experimental script family to twist Open Data into new shapes
Proceedings of the 9th International Symposium on Open Collaboration (WikiSym + OpenSym 2013), August 2013
Data Twist is a project to help people use Open Data to make directories. It is a project that helps anyone create open versions of Yelp ™ or TripAdvisor ™. Data Twist acts a foundation for open directories by importing OpenStreetMap XML data into WordPress. Data Twist has a few dependencies. One is WordPress. Another is Geo Mashup, a plug-in that allows you to store geo-references with each WordPress post.

Effect on Business Growth by Utilization and Contribution of Open Source Software in Japanese IT Companies
Open Source Software: Quality Verification IFIP Advances in Information and Communication Technology Volume 404, 2013, Springer, June 2013
The expanded use of Open Source Software (OSS), and the expansion of the market caused by this adoption has led to a corresponding increase in the number of businesses acting as stakeholders in the field. Some of these are pure users of OSS technology but a great number are developers of such technology, and can be understood to have a substantial investment in this paradigm. It is reasonable to assume that such businesses are rational actors, and that their investment or contribution to the field implies a positive economic benefit either currently obtained or assumed as a return in the future. This paper analyzes how OSS affects Japanese IT companies’ business growth both through simple use and by deeper engagement as a stakeholder in OSS community. This is the first time that such a link between the utilization of OSS and economic growth has been explored in the context of Japan, and it can hopefully lay a foundation for further study regarding the real economic value of this approach to software.

Open Innovation in the Real World
Thoughts on Open Innovation, OpenForum Academy, May 2013
Open Innovation is one of the most frequently cited terms in Information Technology. It is applied to software, to data, and to hardware. It manifests itself in practically all discussions around standards and access to information. Whenever an argument can be made for increased collaboration or sharing, Open Innovation is invariably proposed as an approach that offers an equitable solution for the majority of stakeholders involved. But what is it, and how does it work in the real world?

A Study of the Relation between Utilization and Contribution of Open Source Software in Japanese IT Companies (Japanese)
University of Shimane Bulletin, January 2013
The expanded use of Open Source Software (OSS), and the expansion of the market caused by this adoption has led to a corresponding increase in the number of businesses acting as stakeholders in the field. Some of these are pure users of OSS technology but a great number are developers of such technology, and can be understood to have a substantial investment in this paradigm. It is reasonable to assume that such businesses are rational actors, and that their investment or contribution to the field implies a positive economic benefit either currently obtained or assumed as a return in the future. This paper analyzes how OSS effects Japanese IT companies’ business growth both through simple use and by deeper engagement as a stakeholder in OSS community. This is the first time that such a link between the utilization of OSS and economic growth has been explored in the context of Japan, and it can hopefully lay a foundation for further study regarding the real economic value of this approach to software.

Open Source Licenses and Transition of Governance in Business Enterprises
Proceedings of 2012 International Conference on Business, Management and Governance (ICBMG 2012), December 2012
Open Source licenses provide everyone with the legal right to use, study, share, and improve the technology they cover. There are occasions when Open Source software packages or projects primarily governed by copyright licenses come into potential conflict with patent issues. Such challenges have led to an evolution in the governance applied to Open Source. In this paper, we not only investigate the transition and evolution in the governance in business enterprises applied to Open Source, but also make the limitations of the governance manifest.

The Effect of Open Source Licensing on the Evolution of Business Strategy
Proceedings of the 8th International Conference on Open Source Systems (OSS 2012), September 2012
This paper explores how the approach underlying Open Source development has encouraged a greater sharing of knowledge in related business and legal affairs, and subsequently leads to the emergence of Open Source-driven collaboration by enterprises to address challenges. We use an Economic approach to propose a theoretical framework for Open Source business analysis and provide a defined sample of real-world developments to support its initial findings. We conclude that the need to develop effective Open Source governance solutions has led to widespread collaboration regarding business and legal challenges by stakeholders in the field, and that this collaboration will increase to improve efficiency as the market matures.

The Evolution Of Openness – Collaboration On Shared Platforms
The First OpenForum Academy Conference Proceedings, OpenForum Europe, September 2012
Free Software is an approach to software that emphasises the freedoms provided to end users, with a particular focus on the ability of participants to use, study, share and improve technology. Its popularity has produced a wealth of related terminology and advocates, and this occasionally leads to some degree of confusion or misunderstanding. However, once Free Software is understood as a method of deriving value from knowledge products with an emphasis on collaboration, and as existing in a world where such activities tend to easier, cheaper and more effective than ever before, the reason for both its popularity and growth becomes clear. This paper asserts that Free Software will continue to benefit from and drive increased openness and interoperability in the technology market. Perhaps most interestingly, as the concepts underlying Free Software are applied to other creative works such as text, music or images, mainstream acceptance of this approach to developing and maintaining knowledge products will increase. The governance of such approaches – and therefore their sustainability – will be refined as they scale, and any issues will gradually be worked out due to stakeholder requirements and market dynamics.

Copyright assignment and emerging standards (Japanese)
Linux.com Japan, June 12, 2012
Copyright assignment is the concept of assigning the “ownership” of copyrighted work to someone other than the original author. It can be a direct transfer (person to person) or it can consolidate copyright from many owners into one single owner (many people to one person or project). The second type of assignment is the most common in Open Source, with companies or projects asking contributors to assign copyright, and using this single point of responsibility as a way to simplify license changes or other copyright-related decisions.

Balancing law and negotiation in Open Source supply chain management (Japanese)
Linux.com Japan, May 8, 2012
Now that we have covered the basics of Open Source governance – copyright, patents and trademarks – it is time to consider larger market challenges. After all, law is just one aspect of Open Source business, and it is subject to pressures outside of the letter of its contracts and licenses. Perhaps one of the largest pressures is also one of the most fundamental; the modern supply chain is long and complex.

How trademarks have become an acceptable restriction in FOSS (Japanese)
Linux.com Japan, April 2, 2012
We previously discussed two important aspects of Open Source legal understanding; copyright and patents. However, trademarks are another area of Intellectual Property Law worth considering in the context of Open Source. Not long ago discussions around trademarks in this field were almost as contentious as patent issues, and reactions to their potential to constrain branding occasionally developed into open conflict.

The patent debate around Open Source Software (Japanese)
Linux.com Japan, March 9, 2012
Early legal concerns around Open Source focused on copyright issues. Stakeholders were trying to understand how the rules allowing people to use, study, share and improve this technology worked, and it took a while to get the details right. However, the legal discussion expanded considerably as the field matured, and today with global competition intensifying in areas like mobile communications, patents have become the most important legal topic in Open Source.

The Emerging Global Consensus Around License Compliance (Japanese)
Linux.com Japan, March 2, 2012
In the early days of FOSS, license compliance was largely perceived as a dark art by companies and developers. Difficulty in contextualizing FOSS licenses was compounded by an increase in legal tension since the first GPL-related lawsuit in 2004 (GPL-violations.org vs Sitecom). Of course, things were not as complex as they first appeared, and recognition of this had a tremendous impact on reducing errors and risk. The most important step was to understand that all licenses are simply a description of rules that allow strangers to trade, and this holds as true with FOSS as with proprietary licenses.

Building Bridges
Open Advice, February 4, 2012
The development of Free Software as a mainstream technology saw increased professionalization in both the approach of developers and in the management of projects. It also saw greater respect for licenses on the part of individuals, projects and companies. This was no bad thing, and despite a few rocky moments along the way – you can take your pick from inter-community fighting, companies disregarding license terms or the upset caused by a move away from beer and t-shirt culture – we are left with a stronger, more coherent and more valuable field.

FOSS Governance and Collaboration: From A Good Idea to Coherent Market Approach
Journal of Economics: Memoirs of the Faculty of Law and Literature, Shimane University, December 2011
Free and Open Source Software (sometimes called Open Source or FLOSS, and referred to in this paper by the commonly used term FOSS) is an approach to software that emphasizes the freedoms provided to end users. Originally formulated in 1983 by a computer scientist concerned with access to technology, it has become a central component of mainstream IT. The popularity of FOSS has produced a wealth of related terminology and perspectives which occasionally lead to confusion about what it actually is and what are the best ways to engage with the field. This paper will address such confusion by providing a clear overview of FOSS, how it works, and why it is successful. It will go back to first principles in defining FOSS, explaining the concept of licensing that underpins it, and examining how this paradigm facilitates multiple development and business models. The key assertion is that the productive application of FOSS relies on good governance and active collaboration. While it is difficult to determine which precise governance model (or models) may be best suited to the long-term sustenance of FOSS as an approach to developing knowledge products, the indicators provided by the previous two decades suggest that FOSS governance will continue to be effectively refined by its stakeholders.

Standing Situations and Issues of Open Source Policy in East Asian Nations: Outcomes of Open Source Research Workshop of East Asia
Open Source Systems: Grounding Research IFIP Advances in Information and Communication Technology Volume 365, 2011, pp 379-384, Springer, October 2011
East Asia nations have made some progress with this technology, and started to introduce OSS for e-government systems during the early part of this century. Many countries granted it a central role in their policies. The reasons for this include adoption of software based on standard specification, liberation from vender lock-in, or opposition to the market control of proprietary software. However, the primary reason is to reduce adoption costs for e-government systems. While this policy work is useful, there is a great deal more that needs to be done. The OSS adoption policy in each nation of East Asia must be accompanied by technological progress in domestic IT service industries or US multinationals will expand at the cost of local businesses. If this continues unchecked it will create a new form of lock-in for East Asian nations. Some Asian nations are trying to promote their domestic IT service industries, putting their OSS adoption policy to practical use, and this workshop will provide case studies of that work. It will also provide a forum for discussing current challenges and opportunities around both policy and practical implementation issues across Asia.

Preparing For Disaster
TIA Info (Issue 55), October 2011
The Great East Japan Earthquake (東日本大震災) and its impact on the Tōhoku region has been a wake-up call for many foreign residents of Japan. With over 27,000 people dead or missing (including around 20 foreigners), and hundreds of thousands of people displaced, earthquake and tsunami concerns have become very real. Some foreign residents may be doubly concerned after hearing that over 100 emergency shelters were engulfed by the waves during this event. The question facing many today is how to prepare for natural disasters like this and what to do if they occur.

Once in 1,000 Years
TIA Info (Issue 54), July 2011
On March 11th, Japan was struck by a series of tragedies, with an earthquake, a tsunami and a nuclear incident following one another in quick succession. The formal name for what occurred in the Tōhoku region is the ‘Great East Japan Earthquake’ (東日本大震災). Three prefectures – Iwate (岩手県), Miyagi (宮城県) and Fukushima (福島県) – were particularly badly damaged. This article is intended to provide some background regarding the disaster, some explanation of what is happening now, and to give some pointers about how to contribute to aid efforts.

Outcomes Of Open Source Research Workshop In East Asia
Journal of Economics: Memoirs of the Faculty of Law and Literature, Shimane University, March 2011
As part of Shimane University’s research into Open Source matters, the Research Project Promotion Institute has run a project called ‘Stabilization and Business Models for Open Source Software’ since 2008. One deliverable has been the hosting of a seminar entitled ‘Open Source Research Workshop in East Asia’ on November 26th and 27th 2010. This paper discusses the outcomes.

FOSS license compliance for companies
LWN.net, October 21, 2009
Free and Open Source Software (FOSS) allows all stakeholders to use, study, share and improve code for commercial or non-commercial reasons. However, engagement can still appear daunting to companies. They are monetizing other people’s creations, and, with the high economic value of FOSS, making a mistake is less easily forgiven than it might be in non-commercial circumstances.

FOSS compliance engineering in the embedded industry
LWN.net, September 28, 2009
Compliance engineering was pioneered by technical experts who wanted to address misuses of software, and was made famous by gpl-violations.org, FSF, and similar organizations correcting Free and Open Source Software (FOSS) license violations. The field has grown into a commercial segment with companies like Blackduck Software and consultancy firms like Loohuis Consulting offering formal services to third parties.

FOSS license compliance in the consumer electronics market
LWN.net, September 14, 2009
Free and Open Source Software (FOSS) license compliance is a contentious topic. There are different perspectives about when and how license terms apply, about which licenses can be used together, and about how potential issues should be resolved. The consumer electronics market is an area where FOSS license compliance is particularly problematic. This is primarily attributable to economic reasons rather than dishonesty, but in a market worth more than $335 Billion in 2008, it is an issue worth exploring.

Introducing The Risk Grid
International Free and Open Source Software Law Review, June 2009
A Special Interest Group of the European Legal Network discussed issues around the commercial procurement of Free/Open Source Software, and methods to reduce or contain risk in transactions related to the supply chain. The initial focus of this group was on creating generic contractual language for use by Customers when establishing a relationship with a Supplier. However, it quickly became apparent that for a true solution far more than generic contractual language was required. There needed to be a guidance document to contextualise the scope of potential issues and to describe the potential remedies available for both Customer and Supplier regardless of their relative experience in Free/Open Source Software. To do this the members of the Special Interest Group created the Risk Grid, a table designed to describe the different ways in which publicly available code could be infringed, with rows to separate out each instance, and with example wording to help in drafting procurement contracts for software projects which make use of Free/Open Source Software components.

Is There A Common Understanding Of What Constitutes Cyber Warfare? – A grounded qualitative analysis using media, institutional, government and military sources
Published as a Graduate School Thesis, The University of Birmingham, 2003
This paper applies a qualitative grounded theory analysis to delineate a common understanding of the constitution of cyber warfare from twelve media, institutional, educational, governmental and military sources. Partly motivating this is the need to address the confusion between cyber warfare and what is termed ‘Information Warfare’, a broad discipline encompassing all military information operations. Another motivation is the hypothesis that agreement on the constitution, danger and potential of cyber warfare is unsubstantial or vague, that cyber warfare is a misunderstood or neglected concept, and perhaps even suffers from hyperbole and misrepresentation. Though there is a high public awareness of cyber war, there is little attempt to define the concept in existing literature. This paper unpacks the scope, danger and timescale of cyber warfare according to existing texts, and lays the foundation for an analytical framework of patterned and coherent research. In doing so, it uncovers a surprising amount of agreement in the field, and the following definition of cyber warfare emerges from the study:

“Cyber warfare is symmetric or asymmetric offensive and defensive digital network activity by states or state-like actors, encompassing danger to critical national infrastructure and military systems. It requires a high degree of interdependence between digital networks and infrastructure on the part of the defender, and technological advance on the part of the attacker. It can be understood as a future threat rather than a present one, and fits neatly into the paradigm of Information Warfare.”

As an Artist

Sakura
Opendawn, April 2016
The season of cherry blossom, or sakura, is one of the most treasured gifts of nature in Japanese society. This book collects photographs that convey some of the timeless beauty it invokes.

Japan – A Visual Poem
Opendawn, March 2016
This book is a marriage of words and photographs that tell the story of an aesthetic that combines a deep appreciation of both natural beauty and an understanding of its inevitable passing.