|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
The Jevons Paradox suggests that when technological advances increase efficiency of a resource, it results in an overall increase in consumption. Writing on the increased use of coal as a result of technological improvements, 19th-century economist William Stanley Jevons found that these improvements led to the development of new ways to utilize coal. In his session at 19th Cloud Expo, Mark Thiele, Chief Strategy Officer for Apcera, will compare the Jevons Paradox to modern-day enterprise IT, e...
Sep. 27, 2016 07:30 PM EDT Reads: 2,119
Complete Internet of Things (IoT) embedded device security is not just about the device but involves the entire product’s identity, data and control integrity, and services traversing the cloud. A device can no longer be looked at as an island; it is a part of a system. In fact, given the cross-domain interactions enabled by IoT it could be a part of many systems. Also, depending on where the device is deployed, for example, in the office building versus a factory floor or oil field, security ha...
Sep. 27, 2016 07:15 PM EDT Reads: 411
SYS-CON Events announced today that Bsquare has been named “Silver Sponsor” of SYS-CON's @ThingsExpo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. For more than two decades, Bsquare has helped its customers extract business value from a broad array of physical assets by making them intelligent, connecting them, and using the data they generate to optimize business processes.
Sep. 27, 2016 07:00 PM EDT Reads: 2,840
Identity is in everything and customers are looking to their providers to ensure the security of their identities, transactions and data. With the increased reliance on cloud-based services, service providers must build security and trust into their offerings, adding value to customers and improving the user experience. Making identity, security and privacy easy for customers provides a unique advantage over the competition.
Sep. 27, 2016 06:30 PM EDT Reads: 3,557
There are several IoTs: the Industrial Internet, Consumer Wearables, Wearables and Healthcare, Supply Chains, and the movement toward Smart Grids, Cities, Regions, and Nations. There are competing communications standards every step of the way, a bewildering array of sensors and devices, and an entire world of competing data analytics platforms. To some this appears to be chaos. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, Bradley Holt, Developer Advocate a...
Sep. 27, 2016 06:30 PM EDT Reads: 2,181
If you’re responsible for an application that depends on the data or functionality of various IoT endpoints – either sensors or devices – your brand reputation depends on the security, reliability, and compliance of its many integrated parts. If your application fails to deliver the expected business results, your customers and partners won't care if that failure stems from the code you developed or from a component that you integrated. What can you do to ensure that the endpoints work as expect...
Sep. 27, 2016 05:45 PM EDT Reads: 1,654
So, you bought into the current machine learning craze and went on to collect millions/billions of records from this promising new data source. Now, what do you do with them? Too often, the abundance of data quickly turns into an abundance of problems. How do you extract that "magic essence" from your data without falling into the common pitfalls? In her session at @ThingsExpo, Natalia Ponomareva, Software Engineer at Google, provided tips on how to be successful in large scale machine learning...
Sep. 27, 2016 05:30 PM EDT Reads: 2,003
In his general session at 18th Cloud Expo, Lee Atchison, Principal Cloud Architect and Advocate at New Relic, discussed cloud as a ‘better data center’ and how it adds new capacity (faster) and improves application availability (redundancy). The cloud is a ‘Dynamic Tool for Dynamic Apps’ and resource allocation is an integral part of your application architecture, so use only the resources you need and allocate /de-allocate resources on the fly.
Sep. 27, 2016 05:15 PM EDT Reads: 2,761
If you had a chance to enter on the ground level of the largest e-commerce market in the world – would you? China is the world’s most populated country with the second largest economy and the world’s fastest growing market. It is estimated that by 2018 the Chinese market will be reaching over $30 billion in gaming revenue alone. Admittedly for a foreign company, doing business in China can be challenging. Often changing laws, administrative regulations and the often inscrutable Chinese Interne...
Sep. 27, 2016 05:15 PM EDT Reads: 295
Enterprise IT has been in the era of Hybrid Cloud for some time now. But it seems most conversations about Hybrid are focused on integrating AWS, Microsoft Azure, or Google ECM into existing on-premises systems. Where is all the Private Cloud? What do technology providers need to do to make their offerings more compelling? How should enterprise IT executives and buyers define their focus, needs, and roadmap, and communicate that clearly to the providers?
Sep. 27, 2016 05:00 PM EDT Reads: 1,595
SYS-CON Events announced today that Commvault, a global leader in enterprise data protection and information management, has been named “Bronze Sponsor” of SYS-CON's 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Commvault is a leading provider of data protection and information management solutions, helping companies worldwide activate their data to drive more value and business insight and to transform moder...
Sep. 27, 2016 03:15 PM EDT Reads: 2,761
The many IoT deployments around the world are busy integrating smart devices and sensors into their enterprise IT infrastructures. Yet all of this technology – and there are an amazing number of choices – is of no use without the software to gather, communicate, and analyze the new data flows. Without software, there is no IT. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists will look at the protocols that communicate data and the emerging data analy...
Sep. 27, 2016 03:00 PM EDT Reads: 1,692
Digital innovation is the next big wave of business transformation based on digital technologies of which IoT and Big Data are key components, For example: Business boundary innovation is a challenge to excavate third-party business value using IoT and BigData, like Nest Business structure innovation may propose re-building business structure from scratch, as Uber does in the taxicab industry The social model innovation is also a big challenge to the new social architecture with the design fr...
Sep. 27, 2016 02:45 PM EDT Reads: 1,272
Fifty billion connected devices and still no winning protocols standards. HTTP, WebSockets, MQTT, and CoAP seem to be leading in the IoT protocol race at the moment but many more protocols are getting introduced on a regular basis. Each protocol has its pros and cons depending on the nature of the communications. Does there really need to be only one protocol to rule them all? Of course not. In his session at @ThingsExpo, Chris Matthieu, co-founder and CTO of Octoblu, walk you through how Oct...
Sep. 27, 2016 02:45 PM EDT Reads: 2,213
Is your aging software platform suffering from technical debt while the market changes and demands new solutions at a faster clip? It’s a bold move, but you might consider walking away from your core platform and starting fresh. ReadyTalk did exactly that. In his General Session at 19th Cloud Expo, Michael Chambliss, Head of Engineering at ReadyTalk, will discuss why and how ReadyTalk diverted from healthy revenue and over a decade of audio conferencing product development to start an innovati...
Sep. 27, 2016 02:15 PM EDT Reads: 2,017
Data is an unusual currency; it is not restricted by the same transactional limitations as money or people. In fact, the more that you leverage your data across multiple business use cases, the more valuable it becomes to the organization. And the same can be said about the organization’s analytics. In his session at 19th Cloud Expo, Bill Schmarzo, CTO for the Big Data Practice at EMC, will introduce a methodology for capturing, enriching and sharing data (and analytics) across the organizati...
Sep. 27, 2016 01:30 PM EDT Reads: 1,715
IoT is fundamentally transforming the auto industry, turning the vehicle into a hub for connected services, including safety, infotainment and usage-based insurance. Auto manufacturers – and businesses across all verticals – have built an entire ecosystem around the Connected Car, creating new customer touch points and revenue streams. In his session at @ThingsExpo, Macario Namie, Head of IoT Strategy at Cisco Jasper, will share real-world examples of how IoT transforms the car from a static p...
Sep. 27, 2016 01:00 PM EDT Reads: 1,601
There is little doubt that Big Data solutions will have an increasing role in the Enterprise IT mainstream over time. Big Data at Cloud Expo - to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA - has announced its Call for Papers is open. Cloud computing is being adopted in one form or another by 94% of enterprises today. Tens of billions of new devices are being connected to The Internet of Things. And Big Data is driving this bus. An exponential increase is...
Sep. 27, 2016 01:00 PM EDT Reads: 2,665
SYS-CON Events has announced today that Roger Strukhoff has been named conference chair of Cloud Expo and @ThingsExpo 2016 Silicon Valley. The 19th Cloud Expo and 6th @ThingsExpo will take place on November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. "The Internet of Things brings trillions of dollars of opportunity to developers and enterprise IT, no matter how you measure it," stated Roger Strukhoff. "More importantly, it leverages the power of devices and the Interne...
Sep. 27, 2016 12:15 PM EDT Reads: 3,222
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with the 19th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world and ThingsExpo Silicon Valley Call for Papers is now open.
Sep. 27, 2016 12:15 PM EDT Reads: 4,565