Legal Aspects: Master On Libre Software (URJC)

Free Software Licenses Practical Issues about free licenses.
Case studies
Legal Aspects
Master on Libre Software (URJC) http://master.libresoft.es
Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

{mvidal,grex,jgb}@gsyc.es GSyC/LibreSoft, Universidad Rey Juan Carlos
March 2011
Legal Aspects
Free Software Licenses Practical Issues about free licenses. Case studies
c 2008-2011 Miguel Vidal, Gregorio Robles, Jess M. Gonzlez-Barahona. u a Some rights reserved. This document is distributed under the Creative Commons Attribution-ShareAlike 3.0 license, available in http://creativecommons.org/licenses/by-sa/3.0 The original version of this document is available at http://master.libresoft.es
Legal Aspects
Free Software Licenses
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Why Do I Need a License?
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Why Do I Need a License?
If you dont license your code, it cant be used (legally) by other people.
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Licenses: Concepts
An unilateral contract between the author and the user. Grants some rights to the users of copyrighted work. You dont need to sign the contract, but in that case, you dont have any rights over the copyrighted work. EULA is not necessary.
Legal Aspects
FLOSS License Example
Implement a basic free license is very easy: Free License Example Copyright (c) 2010 Foobar Developers. All rights reserved. Redistribution and use in source and binary forms, with or without modication, are permitted provided that the redistributions of source code must retain the above copyright notice. Thats all!!
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FLOSS Licensing
From least to greatest complexity (and strict): Academic Licenses Permissive Licenses Partially Closable Licenses (weak copyleft) Reciprocal Licenses (strong copyleft)
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BSD Licenses
Origins: BSD (Berkeley Software Distribution) is a Unix avor developed by University of Berkeley (CA). BSD Unix was licensed under a minimalistic license which permits both source or binary redistribution; also modications, but without any other restriction. Several revisions (its a template)
Legal Aspects
BSD License
Based in original BSD license. Very popular (BSD userland, PF, TCP/IP, OpenSSH, TCL/Tk...). You may redistribute the work, in any form (source or binary) but with all remaining copyright notes (authorship attribution). There is a no warranty clause. Very criticized, this clause is for avoiding legal problems with the use of software and is also very usual in proprietary software.
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The 2-clause BSD License
Copyright (C) (owner). All rights reserved. Redistribution and use in source and binary forms, with or without modication, are permitted provided that the following conditions are met:
1
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Legal Aspects
The BSD License: No Warranty

THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a Legal Aspects
Other permissive licenses
X-Window R11 License (X11). This license applies to the most used graphical subsystem in Unix systems. The license is very similar to BSD and is also known as MIT license. Some other derivative works are licensed under X11 License, such as XFree86. Zope Public License 2.0. This license is used by the Zope distribution (an application server) and some related products. Near BSD license, also prohibits the use of Zope Corporation trademarks. Public domain. An intellectual work in the public domain is neither under any IP law nor a license. Most public domain works retains, however, the authorship. For this reason, it is very similar to have the program under PD or under a BSD license.
Legal Aspects
The Apache License v2

Old versions: 1.0 (original) and 1.1 (ASF, 2000). Apache License 2.0 (January 2004): permissive license. Make the license easier for non-ASF projects to use Allow the license to be included by reference instead of listed in every le Require a patent license from a contributors own patents. Over 5000 non-ASF projects located at SourceForge are available under Apache License (2009). 25 % from Google Code (including Android) Compatibility with GPLv3 (only one-way). (But incompatible with GPLv2)
Legal Aspects
The Mozilla Public License
Weak copyleft: the code under the MPL may be combined with proprietary les in one program (Larger Work) Source code copied or changed under the MPL must stay under the MPL. Some complex restrictions make it incompatible with the GPL. A module covered by the GPL and a module covered by the MPL cannot legally be linked together. For this reason, Firefox have been relicensed under multiple licenses (MPL, GPL, LGPL).
Legal Aspects
The GNU LGPL

LGPL = Lesser GPL LGPL started as Library GPL. Later renamed to Lesser GPL. LGPL maintain all freedoms and restrictions to the licensed software, but with one exception:
LGPL Software can be integrated/linked with any other software, without limitations (including proprietary software).
Why LGPL? Created for promoting the use of GPL libraries in any other software (ex: GNU libc). Later, FSF checked that LGPL did not helped to the creation of new Free software, so they decided to rename it to lesser and discourage its use.
GNU GPL License
GPL = GNU General Public License. GPL Concepts: Created by FSF for the GNU Project. However, very often used in non-GNU free software. Probably, the most popular Free Software license: around 70 % Freshmeat projects licensed under GPL. Some popular software licensed under GPL: Linux, GNOME, Emacs, GCC. . .
Legal Aspects
The GNU GPL
What makes the GPL so special?
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The GNU GPL
What makes the GPL so special? It was the rst license to outline the copyleft principle. All non-restrictive licenses have been based on the GPL, including Creative Commons and the Wikipedia license. Without the GPL, copyleft would be just an idea, and Free Culture would have not existed (as least as we know it).
Legal Aspects
The GNU GPL
What makes the GPL so special? It was the rst license to outline the copyleft principle. All non-restrictive licenses have been based on the GPL, including Creative Commons and the Wikipedia license. Without the GPL, copyleft would be just an idea, and Free Culture would have not existed (as least as we know it). Free licenses are the juridical-philosophical foundation of libre software
Legal Aspects
GNU GPL License (II)

GPL Characteristics: This license guarantees the four FLOSS freedoms. It is though to always guarantee code freedom. This is the meaning of the copyleft clause: all derivative works should be licensed also under the same license. Since in USA software patents are admissible, GPL includes a clause for avoiding GPL licensing of patented software or algorithms. GPL has three versions. The most known is GPL Version 2 because has been on the market for more than 10 years. GPL code can not be mixed with other code under GPL-incompatible license.
Legal Aspects
Changes in GPLv3
The newest GPL version does not invalidate previous versions or requires software to be licensed under the new version. Major changes
It DOES NOT prevent DRM implementations with GPL software, but it DOES allow interoperable software to be written with it. More protection related to software patents It neutralizes WIPO (anti-circumvention) laws which ban libre software (DMCA and EUCD). It claries license compatibility (additional permissions)
Minor changes
Adaptation to technological innovations. Clarications to make it easier to use and understand. Better internationalization (convey/distribution)
Legal Aspects
Changes in GPLv3
The newest GPL version does not invalidate previous versions or requires software to be licensed under the new version. Major changes
It DOES NOT prevent DRM implementations with GPL software, but it DOES allow interoperable software to be written with it. More protection related to software patents It neutralizes WIPO (anti-circumvention) laws which ban libre software (DMCA and EUCD). It claries license compatibility (additional permissions)
Minor changes
Adaptation to technological innovations. Clarications to make it easier to use and understand. Better internationalization (convey/distribution)
Many changes, but fundamental principles remain.

Other reciprocal licenses: Aero GPL
Aero GPL (AGPL) is a free software license, copyleft-like, published by the Free Software Foundation (version 3: 2007). It is a derived license from GPL. It contains a clause requiring distribution of any modied source code of applications running in a computer network (SaaS). It aims to cover the case of modied GPL software which is not distributed because the GPL license does not require to do so (web services or online applications).
Legal Aspects
Recommended licenses
The 2-clause BSD License (academic/permissive) The Apache License version 2.0 (permissive) The Mozilla Public License (weak copyleft) The Lesser/Library GPL, version 2 or 3 (weak copyleft) The GNU GPL, version 2 or 3 (strong copyleft) The Aero GPL, version 3 (strong copyleft)
Legal Aspects
Compatibility
Compatibility == merge source code from dierent libre software licenses. GPLv3 increases compatibility with several free licenses (Apache, Aero). Allow additional requirements:
Responsibility: Allows add disclaimers or warranty notes. Allows add restrictions about trademarks.
GPLv3 is more modular, more compatible, and will be compatible with dierent copyleft licenses.
Legal Aspects
Practical Issues about free licenses. Case studies
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Choosing a free license: previous criteria
Each project has its own goals and criteria related to licensing issues. The main criteria of dierentiation is existence (or not) of reciprocity pacts. Other copyleft licenses have a limited eect, which applies only to the work (or component) original (weak copyleft). Dual licensing policies.
Legal Aspects
Choosing a free license: When?
When we want to guarantee some basic freedoms, common to all free software. When we want a work achieves the highest use and dissemination. When we impose certain conditions or restrictions (the recognition of authorship, lack of liability, extra warranties, trademarks, etc.) When we want to maintain control over the evolution of the program (copyleft).
Legal Aspects
Choosing a free license: Cases

Do I want to allow privatization of derivative works? Do I want developers return their modications to the community, or me as original author, in particular? Do I want to allow licensees to merge or link their program with mine? Do I want widespread coverage and/or try to establish a standard? Should my program run with one in particular? Have it any restrictions? Is there risk that someone requiring a patent license over program?
Legal Aspects
Quick Reference For Choosing a Free Software License
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Quick Reference For Choosing a Free Software License
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Conventional Matrix
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Matrix Including Developers Choice
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Remarks
Some members of the community refuse to accept GPLed source code into their projects. Other members of the community strongly prefer GPLed source code over other licenses. Nobody refuses to accept code under permissive licenses such as BSD, X11, MIT... Almost nobody refuses to accept LGPLed code, except the Apache Foundation, saying that they think it would impose LGPL requirement upon the proprietary code (when they are linked via the Java class-loading mechanism). The FSF disagrees with this statement, asserting that such linking falls under section 6 of the LGPLv2 (linking exception). MPL 1.1 can be specically amended to allow combining with GPL (section 13). You should also get your employer (if you work as a programmer) or school, if any, to sign a copyright disclaimer for the program, if
Applying a free license

LICENSE or COPYING le. Copyright and license summary at the beginning of each source le. It should have at least the copyrightnotice and a link to the full version of the license. Also add information on how to contact you by electronic and paper mail. If the program is interactive (terminal), make it output a short copyright notice when it starts in an interactive mode. If it has GUI, a menu can include copyright notice (or even the full license).
Legal Aspects
Example: How to Apply the GPL to Your Work

<one line with programs name and a brief idea of what it does.> Copyright (C) <year> <name of author> This program is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program. If not, see <http://www.gnu.org/licenses/>.
Legal Aspects
Example: How to Apply the Apache License to Your Work
Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the License); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an AS IS BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Legal Aspects
Dual-licensing
Distribute software under two dierent sets of terms and conditions. Motivations: License compatibility (Perl, Mozilla/Firefox, MySQL). Market segregation based business models (MySQL Enterprise) Allows the holder to oer customisations, early releases, generate other derivative works or grant rights to third parties to redistribute proprietary versions.
Legal Aspects
Compatibility
Two licenses are incompatible if it is not possible combining both works in compliance with the terms of both licenses at the same time. It aects to distribution, not the use. If two licenses are free does, it doesnt imply are compatible. Copyleft licenses are mutually incompatible, unless compatibility is declared explicitly. Support for linking: even if not allowed mix or integrate software with dierent licenses, maybe it can be linked.
Legal Aspects
Forking
Forks happens when a piece of software is modied and this modication is developed separately, by another team development, and distributed under a dierent name, and perhaps other license. The forks can be possible only with free software. The GPL software has tendency to avoid forking: we must keep the original license. The BSD-style licenses are forked easily. Forking is considered a bad thing (waste eorts, bitter disputes...). But there are successful cases: XOrg/XFree86, 386BSD, OpenBSD, Gnu-Emacs/XEmacs, changes of license (GForge, OpenSSH).
Licenses and warranty
Warranty Disclaimers and limitation of liability clauses are common in software. There are legal doubts about the eectiveness of these clauses: would not apply to consumers. This clauses are valid when there is no commercial service. The proprietary licenses using similar terms: is a myth to accept greater responsibility. It must be considered legal guarantees that apply to both open source and proprietary software. The free licenses allow to add extra warranty clauses.
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Legal Myths
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Free software hasnt owners or copyright holders
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The free licenses force to grant copyrights.
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Free software and proprietary software are incompatible
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Its not possible merge open source and proprietary software.
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Copyleft licenses force to publish derivate works.
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Free software dont have neither warranties nor liability.
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The diversity of free licenses is positive.
Legal Aspects

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Free Software Licenses Practical Issues about free licenses.

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Free Software Licenses

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Why Do I Need a License?

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Why Do I Need a License?

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

FLOSS License Example

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

The 2-clause BSD License

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

The BSD License: No Warranty

Other permissive licenses

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

The Apache License v2

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

The Mozilla Public License

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

The GNU LGPL

GNU GPL License

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

The GNU GPL

What makes the GPL so special?

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

The GNU GPL

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

The GNU GPL

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GNU GPL License (II)

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

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Many changes, but fundamental principles remain.

Other reciprocal licenses: Aero GPL

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Practical Issues about free licenses. Case studies

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Choosing a free license: previous criteria

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Choosing a free license: When?

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Choosing a free license: Cases

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Quick Reference For Choosing a Free Software License

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Quick Reference For Choosing a Free Software License

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Matrix Including Developers Choice

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Applying a free license

Miguel Vidal, Gregorio Robles, Jess M. Gonzlez Barahona u a

Example: How to Apply the GPL to Your Work

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