License-free software

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License-free software is computer software that is not explicitly in the public domain, but the authors appear to intend free use, modification, distribution and distribution of the modified software, similar to the freedoms defined for free software.

Contents

Examples

Examples of license-free software formerly included programs written by Daniel J. Bernstein, such as qmail, djbdns, daemontools, and ucspi-tcp. Bernstein held the copyright and distributed these works without license until 2007. [1] From December 28, 2007, onwards, he started placing his software in the public domain with an explicit waiver statement. [2] [3]

Additionally, small scripts are frequently released without specifying a license. For example, the website Userscripts.org hosts more than 52,000 Greasemonkey user scripts, [4] the majority of which have no specified license.[ citation needed ] Similarly, GitHub reported in 2015 that 85% of the projects it hosts are unlicensed. [5]

Rights for users

On his Software users' rights web page, Bernstein explains his belief that under the terms of copyright law itself software users are always allowed to modify software for their personal use, regardless of license agreements. He says '"If you think you need a license from the copyright holder, you've been bamboozled by Microsoft. As long as you're not distributing the software, you have nothing to worry about." [6]

He also says that software users are allowed to back up, compile, and run the software that they possess.

He further says that "since it's not copyright infringement for you to apply a patch, it's also not copyright infringement for someone to give you a patch," noting the case of Galoob v. Nintendo as precedent. Thus modified versions of license-free software can legally be distributed in source code form in whatever way that the original can, by distributing a patch alongside it.

Reception and discussion

Advocates of license-free software, such as Bernstein, argue that software licenses are harmful because they restrict the freedom to use software, and copyright law provides enough freedom without the need for licenses. Though having some restrictions, these licenses allow certain actions that are disallowed by copyright laws in some jurisdictions. If a license tries to restrict an action allowed by a copyright system, by Bernstein's argument those restrictions can be ignored. In fact, Bernstein's "non-license" of verbatim retransmission of source code is very similar in nature.

Similar positions on licenses are voiced by Free culture activist Nina Paley in 2010. [7]

In 2013 Luis Villa argued similarly negative about the license usage of "open source", when the small number projects licensed on GitHub were noticed, identifying a "Post Open Source movement against the (license) permission culture". [8]

See also

Related Research Articles

<span class="mw-page-title-main">Free software</span> Software licensed to be freely used, modified and distributed

Free software, libre software, or libreware is computer software distributed under terms that allow users to run the software for any purpose as well as to study, change, and distribute it and any adapted versions. Free software is a matter of liberty, not price; all users are legally free to do what they want with their copies of a free software regardless of how much is paid to obtain the program. Computer programs are deemed "free" if they give end-users ultimate control over the software and, subsequently, over their devices.

<span class="mw-page-title-main">Open-source license</span> Software license allowing source code to be used, modified, and shared

Open-source licenses are software licenses that allow content to be used, modified, and shared. They facilitate free and open-source software (FOSS) development. Intellectual property (IP) laws restrict the modification and sharing of creative works. Free and open-source licenses use these existing legal structures for an inverse purpose. They grant the recipient the rights to use the software, examine the source code, modify it, and distribute the modifications. These criteria are outlined in the Open Source Definition.

The Open Source Definition (OSD) is a document published by the Open Source Initiative. Derived from Bruce Perens' Debian Free Software Guidelines, the definition is the most common standard for open-source software. The definition has ten criteria, such as requiring freely accessed source code and granting the open-source rights to everyone who receives a copy of the program. Covering both copyleft and permissive licenses, it is effectively identical to the definition of free software, but motivated by more pragmatic and business-friendly considerations. The Open Source Initiative's board votes on proposals of licenses to certify that they are compliant with the definition, and maintains a list of compliant licenses on its website. The definition has been adapted into the Open Knowledge Foundation's Open Definition for open knowledge and into open hardware definitions.

<span class="mw-page-title-main">Apache License</span> Free software license

The Apache License is a permissive free software license written by the Apache Software Foundation (ASF). It allows users to use the software for any purpose, to distribute it, to modify it, and to distribute modified versions of the software under the terms of the license, without concern for royalties. The ASF and its projects release their software products under the Apache License. The license is also used by many non-ASF projects.

qmail is a mail transfer agent (MTA) that runs on Unix. It was written, starting December 1995, by Daniel J. Bernstein as a more secure alternative to the popular Sendmail program. Originally license-free software, qmail's source code was later dedicated to the public domain by the author.

Source-available software is software released through a source code distribution model that includes arrangements where the source can be viewed, and in some cases modified, but without necessarily meeting the criteria to be called open-source. The licenses associated with the offerings range from allowing code to be viewed for reference to allowing code to be modified and redistributed for both commercial and non-commercial purposes.

A software license is a legal instrument governing the use or redistribution of software. Under United States copyright law, all software is copyright protected, in both source code and object code forms, unless that software was developed by the United States Government, in which case it cannot be copyrighted. Authors of copyrighted software can donate their software to the public domain, in which case it is also not covered by copyright and, as a result, cannot be licensed.

<span class="mw-page-title-main">Eclipse Public License</span> Free software license similar to the Common Public License

The Eclipse Public License (EPL) is a free and open source software license most notably used for the Eclipse IDE and other projects by the Eclipse Foundation. It replaces the Common Public License (CPL) and removes certain terms relating to litigations related to patents.

<span class="mw-page-title-main">WTFPL</span> Permissive free software license

The WTFPL is a permissive free software license. As a public domain like license, the WTFPL is essentially the same as dedication to the public domain. It allows redistribution and modification of the work under any terms. The name is an abbreviation of Do What The Fuck You Want To Public License.

<span class="mw-page-title-main">Public-domain-equivalent license</span> License that waives all copyright

Public-domain-equivalent license are licenses that grant public-domain-like rights and/or act as waivers. They are used to make copyrighted works usable by anyone without conditions, while avoiding the complexities of attribution or license compatibility that occur with other licenses.

<span class="mw-page-title-main">History of free and open-source software</span>

In the 1950s and 1960s, computer operating software and compilers were delivered as a part of hardware purchases without separate fees. At the time, source code, the human-readable form of software, was generally distributed with the software providing the ability to fix bugs or add new functions. Universities were early adopters of computing technology. Many of the modifications developed by universities were openly shared, in keeping with the academic principles of sharing knowledge, and organizations sprung up to facilitate sharing. As large-scale operating systems matured, fewer organizations allowed modifications to the operating software, and eventually such operating systems were closed to modification. However, utilities and other added-function applications are still shared and new organizations have been formed to promote the sharing of software.

<span class="mw-page-title-main">Free-software license</span> License allowing software modification and redistribution

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 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 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.

BSD licenses are a family of permissive free software licenses, imposing minimal restrictions on the use and distribution of covered software. This is in contrast to copyleft licenses, which have share-alike requirements. The original BSD license was used for its namesake, the Berkeley Software Distribution (BSD), a Unix-like operating system. The original version has since been revised, and its descendants are referred to as modified BSD licenses.

<span class="mw-page-title-main">Copyleft</span> Practice of mandating free use in all derivatives of a work

Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, freedoms refers to the use of the work for any purpose, and the ability to modify, copy, share, and redistribute the work, with or without a fee. Licenses which implement copyleft can be used to maintain copyright conditions for works ranging from computer software, to documents, art, and scientific discoveries, and similar approaches have even been applied to certain patents.

Proprietary software is software that grants its creator, publisher, or other rightsholder or rightsholder partner a legal monopoly by modern copyright and intellectual property law to exclude the recipient from freely sharing the software or modifying it, and—in some cases, as is the case with some patent-encumbered and EULA-bound software—from making use of the software on their own, thereby restricting their freedoms.

<span class="mw-page-title-main">GNU General Public License</span> Series of free software licenses

The GNU General Public License is a series of widely used free software licenses, or copyleft, that guarantee end users the four freedoms to run, study, share, and modify the software. The license was the first copyleft for general use, and was originally written by Richard Stallman, the founder of the Free Software Foundation (FSF), for the GNU Project. The license grants the recipients of a computer program the rights of the Free Software Definition. The licenses in the GPL series are all copyleft licenses, which means that any derivative work must be distributed under the same or equivalent license terms. It is more restrictive than the Lesser General Public License, and even further distinct from the more widely-used permissive software licenses such as BSD, MIT, and Apache.

Post open source, also called "post open-source software (POSS)", is a 2012/2013 noticed movement among software developers, in particular open-source software developers. The interpretation was that this was a reaction to the complex compliance requirements of the software license/permission culture, noticed by more code being posted into repositories without any license whatsoever, implying a disregard for the current license regimes, including copyleft as supporter of the current copyright system.

<span class="mw-page-title-main">Unlicense</span> Anti-copyright license

The Unlicense is a public domain equivalent license for software which provides a public domain waiver with a fall-back public-domain-like license, similar to the CC Zero for cultural works. It includes language used in earlier software projects and has a focus on an anti-copyright message.

Open source license litigation involves lawsuits surrounding open-source licensed software. Many of the legal rights of open source software licensors enforceable against users violating licensing agreements are untested by the U.S. legal system. Free and open source software (FOSS) is distributed under a variety of free-software licenses, which are unique among other software licenses. Legal action against open source licenses involves questions about their validity and enforceability.

References

  1. "qmail is not open source" - an article published by Russell Nelson, OSI board member in 2004
  2. "Frequently asked questions from distributors". 2007. Retrieved 2008-01-18.
  3. "Information for distributors". 2007. Retrieved 2008-01-18.
  4. "Scripts Userscripts.org". Archived from the original on May 6, 2014. Retrieved 2010-06-29.
  5. the-github-kids-still-dont-care-about-open-source on techrepublic.com
  6. Bernstein, D.J. "Software user's rights". yp.to.
  7. Driving Without a License? on ninapaley.com "I can’t work up enthusiasm for any license today." (2010)
  8. taking-post-open-source-seriously-as-a-statement-about-copyright-law/ on lu.is (2013)

UK Legislation