|By Stephen Walli||
|January 4, 2013 10:30 AM EST||
I've recently been involved in several discussions that are variations on, "Which open source or free software license should I choose for my project?" Here is my way of looking at the large and growing collection of licenses in the wild. First let's make sure we all understand that I Am Not A Lawyer. This is not legal advice. Depending upon your needs and your comfort with risk around your software, you'll want to confirm your legal choices with counsel in your jurisdiction.
The first and obvious consideration is whether or not the license is approved as an open source license by the Open Source Initiative (OSI). The OSI created the Open Source Definition in the late 1990s as a set of attributes that a software license must support to be considered "open source". Anyone can take a license to the OSI for debate and discussion and if approved as meeting the OSD, then the license is added to the canonical list.
While this seems an obvious place to start, I was recently surprised to discover a license called the "Clear BSD License." It attempts to clarify explicitly that patents are not being discussed in the license. It is not on the OSI list (while the New BSD and Simplified BSD licenses are) and is therefore not worth considering. Inventing new licenses as small derivatives of existing licenses is not helpful and creates costly legal busy work. There exists a broad collection of OSI-approved licenses today. These licenses cover millions of lines of software involved in billions of dollars in procurement. One would be hard pressed to describe a serious set of circumstances that isn't already covered by an OSI-approved license.
There are several big levers available when considering an open source license:
- How much license reciprocity is required with respect to the software, modifications, and any derivatives someone develops?
- What is said about patent licensing and litigation?
- What legal jurisdiction covers the license?
The reciprocity issue is all about "copyleft" and whether or not using the software source code attaches the license to the modifications and derivatives, and whether the source code to those modifications and derivatives needs to be published.
On one end of the spectrum are licenses that have no copyleft requirements. These licenses essentially allow anyone to use the software in anyway without requiring much more than maintaining copyrights. Licenses that fall into this set include the New and Simplified BSD licenses, the MIT license, and the Apache 2.0 and Microsoft Permissive licenses.
There are a set of licenses that maintain a sense of copyleft around the software itself but support the use of the software in larger works of software which may contain software that is licensed differently (e.g. closed and proprietary). These licenses include the Eclipse Public License, the newer Mozilla Public License 2.0, and the Microsoft Reciprocal License.
On the other end of the copyleft spectrum are strong copyleft licenses. Software freedom is defined by the Free Software Foundation in terms of the freedoms a user of software must have. Strong copyleft supports software freedom. Many developers support software freedom, and demonstrate this support using one of the family of GPL licenses (GPL2.0, GPL3.0, and the Affero GPL3.0) as a way to ensure the strongest copyleft and strongest license attachment when the software in question is used in building and distributing other software.
Software patents weren't really an issue when software was beginning to be widely shared on the early Internet and so weren't mentioned in the early licenses. By the late 1990s, software patents were on the rise and corporate legal teams were becoming more involved in the writing of open source licenses as they became more involved with open source software and developing the open source foundations around evolving projects. The Apache 2.0 License, Mozilla Public License 2.0, Eclipse Public License, the newer GPL licenses, and both Microsoft licenses reflect this shift in language. Each license explicitly talks about patent licenses. Each license has language that covers patent litigation to varying degrees.
I mention legal jurisdiction in the big levers category because some licenses explicitly mention it and this can be a real show stopper for some people. For that reason alone I treat it as a Big Lever. (The Mozilla Public License 2.0 specifically tries to deal with jurisdiction as one of changes from the original MPL, as that was often a criticism of the earlier license.)
Other considerations in license choice include:
- Are there project specific affinities?
- History of the license and foundation/corporate/commercial involvement?
The "language" projects (Perl, PHP, Python) each have their own licenses (Artistic License 2.0, PHP License 3.0, and Python License 2.0 respectively). If you are working on a project that closely ties to a specific open source programming language community then you should obviously consider that community's license as the question of mixing modules and dependencies will be simplified with respect to open source license.
As software IP law has evolved and the Internet has become an enormous space for people to collaborate on software development, commercial organizations became involved. We have seen the creation of open source software foundations with specific licenses associated with them. Corporate legal teams have become involved in authoring open source licenses, and the language and structure of these licenses (e.g. terminology and definitions) reflects this involvement. Lawyers without a lot of experience in open source licenses may feel more comfortable reviewing these newer licenses.
So to recap, presuming that your primary motivation is to co-develop and collaborate on an open source project, in my way of looking at open source licenses your choices break down roughly as follows. (I'm keeping the discussion here to widely used licenses, and/or licenses where large commercial organizations with conservative counsel or neutral non-profit open source foundations had a hand in their creation.)
If you want to allow anyone to do anything at any time with the software, use the MIT or new (3-clause) BSD license, i.e. no copyleft and no discussion of patents. Both of these licenses came from the academic world, and both from a period of time where software patents were not a focus.
If you want to allow anyone to do anything with the software (so no copyleft), but feel something needs to be said about patents and license termination in the face of litigation, and/or you want a license that corporate counsel is more comfortable reading then look at either the Apache 2.0 license or possibly the Microsoft Permissive License. These licenses were written to continue to encourage a completely open sharing environment but were written with a more corporate view (note the structure and language), and both begin to cover patents with varying (and subtly different) degrees of patent retaliation built into them.
If you feel others should be able to build [possibly product] around your software, but want to ensure changes to the core software project itself remain open source (i.e. the changes must be published), you likely want to look to either the Eclipse Public License, the newer Mozilla Public License 2.0 or the Microsoft Reciprocal License. These are modern licenses developed from commercial/corporate perspectives supporting "weak" copyleft. [N.B. The EPL does name NY State as the jurisdiction.] Pay attention to patent statements in each.
If you are a firm supporter of software freedom or want to ensure that if your software source is used anywhere that the resulting derivatives are maximally published as open source ensuring software freedom then you should look to GPL2.0 or GPL3.0 depending upon your needs.
There are a couple of interesting side ideas I've come across in the open source licensing space as different projects wrestled with how best to create the "right" licensing for their software.
- Many companies are concerned about their patent portfolios when creating open source projects. Google took an interesting approach to the problem when they released the WebM project. They chose the New BSD license and then created a very specific "Additional IP Rights Grant" to cover the patent language they needed.
- It is the nature of IP law that the owner of the property can license it as many ways to as many people as they choose. This is why the Microsoft EULA for a personal copy of the Windows operating system is different from an Enterprise License Agreement and how MySQL AB developed a line of business around closed software licensing as well as their GPL-licensed project. In the early days (up through PHP3), the software from the PHP project was similarly "dual" licensed under both the GPL2.0 and an earlier PHP license to allow the software to be included in as many places as possible because the GPL was not directly compatible with the PHP license of the time.
I have deliberately not tried to create a table or decision tree for license choice here. I believe there are sufficient edges and nuances to license choice that it can never be properly "automated" with the licenses we have today that reflect their rich background of needs and history. There is always one more legal question of "what about the situation when ...?" Such questions will likely involve legal counsel and may be very jurisdiction sensitive.
Likewise, open source software licenses don't simply reflect a set of legal choices. In the early stage of an open source project when the author or authors are first publishing the software, the choice of license reflects as much of the social contract that is being made for the project as any legal requirements. It is the first governance document of the early possible community that comes into play long before formal governance, mission statements, and codes of conduct may be created around growing community.
Full text of all the licenses can be found on the Open Source Initiative at:http://opensource.org/licenses/alphabetical
Excellent information on how to consider various software licenses in combination with the GPL can be found here: http://www.gnu.org/licenses/license-list.html#SoftwareLicenses
If you need to get a lawyer up to speed, consider pointing them to: http://www.ifosslr.org/ifosslr
Today’s enterprise is being driven by disruptive competitive and human capital requirements to provide enterprise application access through not only desktops, but also mobile devices. To retrofit existing programs across all these devices using traditional programming methods is very costly and time consuming – often prohibitively so. In his session at @ThingsExpo, Jesse Shiah, CEO, President, and Co-Founder of AgilePoint Inc., discussed how you can create applications that run on all mobile devices as well as laptops and desktops using a visual drag-and-drop application – and eForms-buildi...
Jan. 26, 2015 09:00 PM EST Reads: 3,953
The Industrial Internet revolution is now underway, enabled by connected machines and billions of devices that communicate and collaborate. The massive amounts of Big Data requiring real-time analysis is flooding legacy IT systems and giving way to cloud environments that can handle the unpredictable workloads. Yet many barriers remain until we can fully realize the opportunities and benefits from the convergence of machines and devices with Big Data and the cloud, including interoperability, data security and privacy.
Jan. 26, 2015 07:45 PM EST Reads: 3,861
IoT is still a vague buzzword for many people. In his session at @ThingsExpo, Mike Kavis, Vice President & Principal Cloud Architect at Cloud Technology Partners, discussed the business value of IoT that goes far beyond the general public's perception that IoT is all about wearables and home consumer services. He also discussed how IoT is perceived by investors and how venture capitalist access this space. Other topics discussed were barriers to success, what is new, what is old, and what the future may hold. Mike Kavis is Vice President & Principal Cloud Architect at Cloud Technology Pa...
Jan. 26, 2015 06:15 PM EST Reads: 5,110
Dale Kim is the Director of Industry Solutions at MapR. His background includes a variety of technical and management roles at information technology companies. While his experience includes work with relational databases, much of his career pertains to non-relational data in the areas of search, content management, and NoSQL, and includes senior roles in technical marketing, sales engineering, and support engineering. Dale holds an MBA from Santa Clara University, and a BA in Computer Science from the University of California, Berkeley.
Jan. 26, 2015 06:00 PM EST Reads: 4,838
The Internet of Things (IoT) is rapidly in the process of breaking from its heretofore relatively obscure enterprise applications (such as plant floor control and supply chain management) and going mainstream into the consumer space. More and more creative folks are interconnecting everyday products such as household items, mobile devices, appliances and cars, and unleashing new and imaginative scenarios. We are seeing a lot of excitement around applications in home automation, personal fitness, and in-car entertainment and this excitement will bleed into other areas. On the commercial side, m...
Jan. 26, 2015 06:00 PM EST Reads: 4,561
SYS-CON Events announced today that CodeFutures, a leading supplier of database performance tools, has been named a “Sponsor” of SYS-CON's 16th International Cloud Expo®, which will take place on June 9–11, 2015, at the Javits Center in New York, NY. CodeFutures is an independent software vendor focused on providing tools that deliver database performance tools that increase productivity during database development and increase database performance and scalability during production.
Jan. 26, 2015 06:00 PM EST Reads: 2,651
The Internet of Things (IoT) promises to evolve the way the world does business; however, understanding how to apply it to your company can be a mystery. Most people struggle with understanding the potential business uses or tend to get caught up in the technology, resulting in solutions that fail to meet even minimum business goals. In his session at @ThingsExpo, Jesse Shiah, CEO / President / Co-Founder of AgilePoint Inc., showed what is needed to leverage the IoT to transform your business. He discussed opportunities and challenges ahead for the IoT from a market and technical point of vie...
Jan. 26, 2015 05:45 PM EST Reads: 5,220
The 3rd International Internet of @ThingsExpo, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that its Call for Papers is now open. The Internet of Things (IoT) is the biggest idea since the creation of the Worldwide Web more than 20 years ago.
Jan. 26, 2015 05:00 PM EST Reads: 9,870
Things are being built upon cloud foundations to transform organizations. This CEO Power Panel at 15th Cloud Expo, moderated by Roger Strukhoff, Cloud Expo and @ThingsExpo conference chair, addressed the big issues involving these technologies and, more important, the results they will achieve. Rodney Rogers, chairman and CEO of Virtustream; Brendan O'Brien, co-founder of Aria Systems, Bart Copeland, president and CEO of ActiveState Software; Jim Cowie, chief scientist at Dyn; Dave Wagstaff, VP and chief architect at BSQUARE Corporation; Seth Proctor, CTO of NuoDB, Inc.; and Andris Gailitis, C...
Jan. 26, 2015 05:00 PM EST Reads: 3,886
"People are a lot more knowledgeable about APIs now. There are two types of people who work with APIs - IT people who want to use APIs for something internal and the product managers who want to do something outside APIs for people to connect to them," explained Roberto Medrano, Executive Vice President at SOA Software, in this SYS-CON.tv interview at Cloud Expo, held Nov 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA.
Jan. 26, 2015 02:30 PM EST Reads: 4,003
Performance is the intersection of power, agility, control, and choice. If you value performance, and more specifically consistent performance, you need to look beyond simple virtualized compute. Many factors need to be considered to create a truly performant environment. In his General Session at 15th Cloud Expo, Harold Hannon, Sr. Software Architect at SoftLayer, discussed how to take advantage of a multitude of compute options and platform features to make cloud the cornerstone of your online presence.
Jan. 26, 2015 02:15 PM EST Reads: 4,814
SYS-CON Media announced that Splunk, a provider of the leading software platform for real-time Operational Intelligence, has launched an ad campaign on Big Data Journal. Splunk software and cloud services enable organizations to search, monitor, analyze and visualize machine-generated big data coming from websites, applications, servers, networks, sensors and mobile devices. The ads focus on delivering ROI - how improved uptime delivered $6M in annual ROI, improving customer operations by mining large volumes of unstructured data, and how data tracking delivers uptime when it matters most.
Jan. 26, 2015 02:00 PM EST Reads: 5,366
In this Women in Technology Power Panel at 15th Cloud Expo, moderated by Anne Plese, Senior Consultant, Cloud Product Marketing at Verizon Enterprise, Esmeralda Swartz, CMO at MetraTech; Evelyn de Souza, Data Privacy and Compliance Strategy Leader at Cisco Systems; Seema Jethani, Director of Product Management at Basho Technologies; Victoria Livschitz, CEO of Qubell Inc.; Anne Hungate, Senior Director of Software Quality at DIRECTV, discussed what path they took to find their spot within the technology industry and how do they see opportunities for other women in their area of expertise.
Jan. 26, 2015 01:45 PM EST Reads: 3,410
DevOps Summit 2015 New York, co-located with the 16th International Cloud Expo - to be held June 9-11, 2015, at the Javits Center in New York City, NY - announces that it is now accepting Keynote Proposals. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long development cycles that produce software that is obsolete at launch. DevOps may be disruptive, but it is essential.
Jan. 26, 2015 01:15 PM EST Reads: 3,825
Almost everyone sees the potential of Internet of Things but how can businesses truly unlock that potential. The key will be in the ability to discover business insight in the midst of an ocean of Big Data generated from billions of embedded devices via Systems of Discover. Businesses will also need to ensure that they can sustain that insight by leveraging the cloud for global reach, scale and elasticity.
Jan. 26, 2015 01:00 PM EST Reads: 5,653
SYS-CON Media announced that Cisco, a worldwide leader in IT that helps companies seize the opportunities of tomorrow, has launched a new ad campaign in Cloud Computing Journal. The ad campaign, a webcast titled 'Is Your Data Center Ready for the Application Economy?', focuses on the latest data center networking technologies, including SDN or ACI, and how customers are using SDN and ACI in their organizations to achieve business agility. The Cisco webcast is available on-demand.
Jan. 26, 2015 12:00 PM EST Reads: 2,134
"BSQUARE is in the business of selling software solutions for smart connected devices. It's obvious that IoT has moved from being a technology to being a fundamental part of business, and in the last 18 months people have said let's figure out how to do it and let's put some focus on it, " explained Dave Wagstaff, VP & Chief Architect, at BSQUARE Corporation, in this SYS-CON.tv interview at @ThingsExpo, held Nov 4-6, 2014, at the Santa Clara Convention Center in Santa Clara, CA.
Jan. 26, 2015 11:30 AM EST Reads: 3,470
Advanced Persistent Threats (APTs) are increasing at an unprecedented rate. The threat landscape of today is drastically different than just a few years ago. Attacks are much more organized and sophisticated. They are harder to detect and even harder to anticipate. In the foreseeable future it's going to get a whole lot harder. Everything you know today will change. Keeping up with this changing landscape is already a daunting task. Your organization needs to use the latest tools, methods and expertise to guard against those threats. But will that be enough? In the foreseeable future attacks w...
Jan. 26, 2015 11:00 AM EST Reads: 4,515
As enterprises move to all-IP networks and cloud-based applications, communications service providers (CSPs) – facing increased competition from over-the-top providers delivering content via the Internet and independently of CSPs – must be able to offer seamless cloud-based communication and collaboration solutions that can scale for small, midsize, and large enterprises, as well as public sector organizations, in order to keep and grow market share. The latest version of Oracle Communications Unified Communications Suite gives CSPs the capability to do just that. In addition, its integration ...
Jan. 26, 2015 11:00 AM EST Reads: 4,385
Building low-cost wearable devices can enhance the quality of our lives. In his session at Internet of @ThingsExpo, Sai Yamanoor, Embedded Software Engineer at Altschool, provided an example of putting together a small keychain within a $50 budget that educates the user about the air quality in their surroundings. He also provided examples such as building a wearable device that provides transit or recreational information. He then reviewed the resources available to build wearable devices at home including open source hardware, the raw materials required and the options available to power s...
Jan. 26, 2015 11:00 AM EST Reads: 3,332