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Free-software license
A free-software license is a notice that grants the recipient of a piece of software extensive rights to modify and redistribute that software. These actions are usually prohibited by copyright law, but the rights-holder (usually the author) of a piece of software can remove these restrictions by accompanying the software with a software license which grants the recipient these rights. Software using such a license is free software (or free and open-source software) as conferred by the copyright holder. Free-software licenses are applied to software in source code and also binary object-code form, as the copyright law recognizes both forms.
Free-software licenses provide risk mitigation against different legal threats or behaviors that are seen as potentially harmful by developers:
In the early times of software, sharing of software and source code was common in certain communities, for instance academic institutions. Before the US Commission on New Technological Uses of Copyrighted Works (CONTU) decided in 1974 that "computer programs, to the extent that they embody an author's original creation, are proper subject matter of copyright", software was not considered copyrightable. Therefore, software had no licenses attached and was shared as public-domain software. The CONTU decision plus court decisions such as Apple v. Franklin in 1983 for object code, clarified that the Copyright Act gave computer programs the copyright status of literary works and started the licensing of software.
Free-software licenses before the late 1980s were generally informal notices written by the developers themselves. These early licenses were of the "permissive" kind.
In the mid-1980s, the GNU project produced copyleft free-software licenses for each of its software packages. An early such license (the "GNU Emacs Copying Permission Notice") was used for GNU Emacs in 1985, which was revised into the "GNU Emacs General Public License" in late 1985, and clarified in March 1987 and February 1988. Likewise, the similar GCC General Public License was applied to the GNU Compiler Collection, which was initially published in 1987. The original BSD license is also one of the first free-software licenses, dating to 1988. In 1989, version 1 of the GNU General Public License (GPL) was published. Version 2 of the GPL, released in 1991, went on to become the most widely used free-software license.
Starting in the mid-1990s and until the mid-2000s, the open-source movement pushed and focused the free-software idea forward in the wider public and business perception. In the Dot-com bubble time, Netscape Communications' step to release its webbrowser under a FOSS license in 1998, inspired many other companies to adapt to the FOSS ecosystem. In this trend companies and new projects (Mozilla, Apache foundation, and Sun, see also this list) wrote their own FOSS licenses, or adapted existing licenses. This License proliferation was later recognized as problem for the Free and open-source ecosystem due to the increased complexity of license compatibility considerations. While the creation of new licenses slowed down later, license proliferation and its impact are considered an ongoing serious challenge for the free and open-source ecosystem.
From the free-software licenses, the GNU GPL version 2 has been tested in to court, first in Germany in 2004 and later in the US. In the German case the judge did not explicitly discuss the validity of the GPL's clauses but accepted that the GPL had to be adhered to: "If the GPL were not agreed upon by the parties, defendant would notwithstanding lack the necessary rights to copy, distribute, and make the software 'netfilter/iptables' publicly available." Because the defendant did not comply with the GPL, it had to cease use of the software. The US case (MySQL vs Progress) was settled before a verdict was arrived at, but at an initial hearing, Judge Saris "saw no reason" that the GPL would not be enforceable.
Around 2004 lawyer Lawrence Rosen argued in the essay Why the public domain isn't a license software could not truly be waived into public domain and can't be interpreted as very permissive FOSS license, a position which faced opposition by Daniel J. Bernstein and others. In 2012 the dispute was finally resolved when Rosen accepted the CC0 as open source license, while admitting that contrary to his previous claims copyright can be waived away, backed by Ninth circuit decisions.
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Free-software license AI simulator
(@Free-software license_simulator)
Free-software license
A free-software license is a notice that grants the recipient of a piece of software extensive rights to modify and redistribute that software. These actions are usually prohibited by copyright law, but the rights-holder (usually the author) of a piece of software can remove these restrictions by accompanying the software with a software license which grants the recipient these rights. Software using such a license is free software (or free and open-source software) as conferred by the copyright holder. Free-software licenses are applied to software in source code and also binary object-code form, as the copyright law recognizes both forms.
Free-software licenses provide risk mitigation against different legal threats or behaviors that are seen as potentially harmful by developers:
In the early times of software, sharing of software and source code was common in certain communities, for instance academic institutions. Before the US Commission on New Technological Uses of Copyrighted Works (CONTU) decided in 1974 that "computer programs, to the extent that they embody an author's original creation, are proper subject matter of copyright", software was not considered copyrightable. Therefore, software had no licenses attached and was shared as public-domain software. The CONTU decision plus court decisions such as Apple v. Franklin in 1983 for object code, clarified that the Copyright Act gave computer programs the copyright status of literary works and started the licensing of software.
Free-software licenses before the late 1980s were generally informal notices written by the developers themselves. These early licenses were of the "permissive" kind.
In the mid-1980s, the GNU project produced copyleft free-software licenses for each of its software packages. An early such license (the "GNU Emacs Copying Permission Notice") was used for GNU Emacs in 1985, which was revised into the "GNU Emacs General Public License" in late 1985, and clarified in March 1987 and February 1988. Likewise, the similar GCC General Public License was applied to the GNU Compiler Collection, which was initially published in 1987. The original BSD license is also one of the first free-software licenses, dating to 1988. In 1989, version 1 of the GNU General Public License (GPL) was published. Version 2 of the GPL, released in 1991, went on to become the most widely used free-software license.
Starting in the mid-1990s and until the mid-2000s, the open-source movement pushed and focused the free-software idea forward in the wider public and business perception. In the Dot-com bubble time, Netscape Communications' step to release its webbrowser under a FOSS license in 1998, inspired many other companies to adapt to the FOSS ecosystem. In this trend companies and new projects (Mozilla, Apache foundation, and Sun, see also this list) wrote their own FOSS licenses, or adapted existing licenses. This License proliferation was later recognized as problem for the Free and open-source ecosystem due to the increased complexity of license compatibility considerations. While the creation of new licenses slowed down later, license proliferation and its impact are considered an ongoing serious challenge for the free and open-source ecosystem.
From the free-software licenses, the GNU GPL version 2 has been tested in to court, first in Germany in 2004 and later in the US. In the German case the judge did not explicitly discuss the validity of the GPL's clauses but accepted that the GPL had to be adhered to: "If the GPL were not agreed upon by the parties, defendant would notwithstanding lack the necessary rights to copy, distribute, and make the software 'netfilter/iptables' publicly available." Because the defendant did not comply with the GPL, it had to cease use of the software. The US case (MySQL vs Progress) was settled before a verdict was arrived at, but at an initial hearing, Judge Saris "saw no reason" that the GPL would not be enforceable.
Around 2004 lawyer Lawrence Rosen argued in the essay Why the public domain isn't a license software could not truly be waived into public domain and can't be interpreted as very permissive FOSS license, a position which faced opposition by Daniel J. Bernstein and others. In 2012 the dispute was finally resolved when Rosen accepted the CC0 as open source license, while admitting that contrary to his previous claims copyright can be waived away, backed by Ninth circuit decisions.