Free license

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A free license or open license is a license that allows copyrighted work to be reused, modified, and redistributed. These uses are normally prohibited by copyright, patent or other Intellectual property (IP) laws. The term broadly covers free content licenses and open-source licenses, also known as free software licenses.

Contents

History

Network of licenses (and years of license creation) License network by bokanko.jpg
Network of licenses (and years of license creation)

The invention of the term "free license" and the focus on the rights of users were connected to the sharing traditions of the hacker culture of the 1970s public domain software ecosystem, the social and political free software movement (since 1980) and the open source movement (since the 1990s). [1] These rights were codified by different groups and organizations for different domains in Free Software Definition, Open Source Definition, Debian Free Software Guidelines, Definition of Free Cultural Works and The Open Definition. [2] These definitions were then transformed into licenses, using the copyright as legal mechanism. Ideas of free/open licenses have since spread into different spheres of society.

Open source, free culture (unified as free and open-source movement), anticopyright, Wikimedia Foundation projects, public domain advocacy groups and pirate parties are connected with free and open licenses.

Free software license

Popular free and open source licenses include the Apache License, the MIT License, the GNU General Public License (GPL), the BSD Licenses, the GNU Lesser General Public License (LGPL) and the Mozilla Public License (MPL). Open-source-license-chart.svg
Popular free and open source licenses include the Apache License, the MIT License, the GNU General Public License (GPL), the BSD Licenses, the GNU Lesser General Public License (LGPL) and the Mozilla Public License (MPL).

Free software licenses, also known as open-source licenses, are software licenses that allow content to be used, modified, and shared. [3] They facilitate free and open-source software (FOSS) development. [4] Intellectual property (IP) laws restrict the modification and sharing of creative works. [5] Free and open-source licenses use these existing legal structures for an inverse purpose. [6] 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 and The Free Software Definition. [7]

After 1980, the United States began to treat software as a literary work covered by copyright law. [8] Richard Stallman founded the free software movement in response to the rise of proprietary software. [9] The term "open source" was used by the Open Source Initiative (OSI), founded by free software developers Bruce Perens and Eric S. Raymond. [10] [11] "Open source" is alternative label that emphasizes the strengths of the open development model rather than software freedoms. [12] While the goals behind the terms are different, open-source licenses and free software licenses describe the same type of licenses. [13]

The two main categories of free and open-source licenses are permissive and copyleft. [14] Both grant permission to change and distribute software. Typically, they require attribution and disclaim liability. [15] [16] Permissive licenses come from academia. [17] Copyleft licenses come from the free software movement. [18] Copyleft licenses require derivative works to be distributed with the source code and under a similar license. [15] [16] Since the mid-2000s, courts in multiple countries have upheld the terms of both types of license. [19] Software developers have filed cases as copyright infringement and as breaches of contract. [20]

Free content license

Definition of Free Cultural Works logo, selected in a logo contest in 2006 Definition of Free Cultural Works logo notext.svg
Definition of Free Cultural Works logo, selected in a logo contest in 2006

According to the current definition of open content on the OpenContent website, any general, royalty-free copyright license would qualify as an open license because it 'provides users with the right to make more kinds of uses than those normally permitted under the law. These permissions are granted to users free of charge.' However, the narrower definition used in the Open Definition effectively limits open content to libre content. Any free content license, defined by the Definition of Free Cultural Works, would qualify as an open content license.

Licenses

By type of license

By type of content

By authors

See also

Notes

  1. Kelty, Christpher M. (2018). "The Cultural Significance of free Software - Two Bits" (PDF). Duke University press - durham and london. p. 99. Prior to 1998, Free Software referred either to the Free Software Foundation (and the watchful, micromanaging eye of Stallman) or to one of thousands of different commercial, avocational, or university-research projects, processes, licenses, and ideologies that had a variety of names: sourceware, freeware, shareware, open software, public domain software, and so on. The term Open Source, by contrast, sought to encompass them all in one movement.
  2. Open Definition 2.1 on opendefinition.org "This essential meaning matches that of “open” with respect to software as in the Open Source Definition and is synonymous with “free” or “libre” as in the Free Software Definition and Definition of Free Cultural Works."
  3. Coleman 2004, "Political Agnosticism".
  4. Rosen 2005, pp. 73–90.
  5. Rosen 2005, pp. 22–23.
  6. Rosen 2005, pp. 103–106.
  7. Greenbaum 2016, pp. 1304–1305.
  8. Oman 2018, pp. 641–642.
  9. Williams 2002, ch. 1.
  10. Carver 2005, pp. 448–450.
  11. Greenbaum 2016, § I.A.
  12. Brock 2022, § 16.3.4.
  13. Byfield 2008.
  14. Smith 2022, § 3.2.
  15. 1 2 Sen, Subramaniam & Nelson 2008, pp. 211–212.
  16. 1 2 Meeker 2020, 16:13.
  17. Rosen 2005, p. 69.
  18. Joy 2022, pp. 990–992.
  19. Smith 2022, § 3.4.1.
  20. Smith 2022, § 3.4.
  21. Logo contest on freedomdefined.org (2006)
  22. PDDL 1.0 on opendatacommons.org

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, libreware sometimes known as freedom-respecting software 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.

Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright licenses, known as Creative Commons licenses, free of charge to the public. These licenses allow authors of creative works to communicate which rights they reserve and which rights they waive for the benefit of recipients or other creators. An easy-to-understand one-page explanation of rights, with associated visual symbols, explains the specifics of each Creative Commons license. Content owners still maintain their copyright, but Creative Commons licenses give standard releases that replace the individual negotiations for specific rights between copyright owner (licensor) and licensee, that are necessary under an "all rights reserved" copyright management.

<span class="mw-page-title-main">Creative Commons license</span> Copyright license for free use of a work

A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work". A CC license is used when an author wants to give other people the right to share, use, and build upon a work that the author has created. CC provides an author flexibility and protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work.

An anti-copyright notice is a specific statement that is added to a work in order to encourage wide distribution. Such notices are legally required to host such specific media; under the Berne Convention in international copyright law, works are protected even if no copyright statement is attached to them. However, "anti-copyright" statements typically do not take the form of either sophisticated public copyright licenses or a simple dedication to the public domain; instead, they usually just encourage wide distribution. Depending on jurisdiction, it is possible to denounce all claims to copyright in a work including moral rights in a written disclaimer.

<span class="mw-page-title-main">Software license</span> Governs the use and/or redistribution of software

A software license is a legal instrument governing the use or redistribution of software.

<span class="mw-page-title-main">Share-alike</span> Condition in some free copyright licenses

Share-alike (🄎) is a copyright licensing term, originally used by the Creative Commons project, to describe works or licenses that require copies or adaptations of the work to be released under the same or similar license as the original. Copyleft licenses are free content or free software licenses with a share-alike condition.

<span class="mw-page-title-main">Free-culture movement</span> Social movement promoting the freedom to distribute and modify the creative works of others

The free-culture movement is a social movement that promotes the freedom to distribute and modify the creative works of others in the form of free content or open content. They encourage creators to create such content by using permissive and share-alike licensing, like that used on Wikipedia.

A permissive software license, sometimes also called BSD-like or BSD-style license, is a free-software license which instead of copyleft protections, carries only minimal restrictions on how the software can be used, modified, and redistributed, usually including a warranty disclaimer. Examples include the GNU All-permissive License, MIT License, BSD licenses, Apple Public Source License and Apache license. As of 2016, the most popular free-software license is the permissive MIT license.

<span class="mw-page-title-main">Public-domain software</span> Software in the public domain

Public-domain software is software that has been placed in the public domain, in other words, software for which there is absolutely no ownership such as copyright, trademark, or patent. Software in the public domain can be modified, distributed, or sold even without any attribution by anyone; this is unlike the common case of software under exclusive copyright, where licenses grant limited usage rights.

Open-source religions employ open-source methods for the sharing, construction, and adaptation of religious belief systems, content, and practice. In comparison to religions utilizing proprietary, authoritarian, hierarchical, and change-resistant structures, open-source religions emphasize sharing in a cultural Commons, participation, self-determination, decentralization, and evolution. They apply principles used in organizing communities developing open-source software for organizing group efforts innovating with human culture. New open-source religions may develop their rituals, praxes, or systems of beliefs through a continuous process of refinement and dialogue among participating practitioners. Organizers and participants often see themselves as part of a more generalized open-source and free-culture movement.

<span class="mw-page-title-main">Open Source Judaism</span>

Open-source Judaism is a name given to initiatives within the Jewish community employing open content and open-source licensing strategies for collaboratively creating and sharing works about or inspired by Judaism. Open-source efforts in Judaism utilize licensing strategies by which contemporary products of Jewish culture under copyright may be adopted, adapted, and redistributed with credit and attribution accorded to the creators of these works. Often collaborative, these efforts are comparable to those of other open-source religious initiatives inspired by the free culture movement to openly share and broadly disseminate seminal texts and techniques under the aegis of copyright law. Combined, these initiatives describe an open-source movement in Judaism that values correct attribution of sources, creative sharing in an intellectual commons, adaptable future-proof technologies, open technological standards, open access to primary and secondary sources and their translations, and personal autonomy in the study and craft of works of Torah.

License compatibility is a legal framework that allows for pieces of software with different software licenses to be distributed together. The need for such a framework arises because the different licenses can contain contradictory requirements, rendering it impossible to legally combine source code from separately-licensed software in order to create and publish a new program. Proprietary licenses are generally program-specific and incompatible; authors must negotiate to combine code. Copyleft licenses are commonly deliberately incompatible with proprietary licenses, in order to prevent copyleft software from being re-licensed under a proprietary license, turning it into proprietary software. Many copyleft licenses explicitly allow relicensing under some other copyleft licenses. Permissive licenses are compatible with everything, including proprietary licenses; there is thus no guarantee that all derived works will remain under a permissive license.

<span class="mw-page-title-main">Free content</span> Nonrestrictive creative work

Free content, libre content, libre information, or free information is any kind of creative work, such as a work of art, a book, a software program, or any other creative content for which there are very minimal copyright and other legal limitations on usage, modification and distribution. These are works or expressions which can be freely studied, applied, copied and modified by anyone for any purpose including, in some cases, commercial purposes. Free content encompasses all works in the public domain and also those copyrighted works whose licenses honor and uphold the definition of free cultural work.

<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.

<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.

<span class="mw-page-title-main">GNU Free Documentation License</span> Copyleft license primarily for free software documentation

The GNU Free Documentation License is a copyleft license for free documentation, designed by the Free Software Foundation (FSF) for the GNU Project. It is similar to the GNU General Public License, giving readers the rights to copy, redistribute, and modify a work and requires all copies and derivatives to be available under the same license. Copies may also be sold commercially, but, if produced in larger quantities, the original document or source code must be made available to the work's recipient.

<span class="mw-page-title-main">Definition of Free Cultural Works</span> Project to define free content

The Definition of Free Cultural Works evaluates and recommends compatible free content licenses.

A public license or public copyright license is a license by which a copyright holder as licensor can grant additional copyright permissions to any and all persons in the general public as licensees. By applying a public license to a work, provided that the licensees obey the terms and conditions of the license, copyright holders give permission for others to copy or change their work in ways that would otherwise infringe copyright law.

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