how can I use open source software that was published so all people can modify and upgrade it . can I update the software and then never publish my changes and just keep my modified version for me or for my company only or this violates something that I am missing ?
Open source software generally comes with a licence. There are many type of licences, some with constraints respect to companies using them (for example) and some complete free.
You have to read the licence in your case and find the rest of the answers there.
Related
My question is, Can I use GNU General Public License v3 software (in this specific case the OpenFOAM) to do consultancy? The source code will not be changed neither charged. The idea is just charging for the results given by the software.
Do I need a special authorization from Linux (OS) and/or OpenCFD Ltd (owner of the OpenFOAM Trademark) for using their software?
Many thanks in advance.
Are you asking if you can use opensource tools to do consultancy bussiness? of course you can. The internet would close in minutes if it wasn't possible
First: I am not a lawyer. With that in mind:
Can I use GNU General Public License v3 software (in this specific case the OpenFOAM) to do consultancy?
Yes.
That is also part of the Free Software Foundation's Free Software Definition: The freedom to run the program as you wish, for any purpose (freedom 0). And since the GNU GPL v3 gives you all four freedoms listed there, you are fine to do that.
Do I need a special authorization from Linux (OS) and/or OpenCFD Ltd (owner of the OpenFOAM Trademark) for using their software?
No. You do not need special permission from them to use the software, that is to run the software on your computer(s). However, if "using the software" also includes modification of the source code and subsequent distribution of the modified program to the people you are consulting, you have to make sure they can get the modified source code, too.
I am creating a multi platform application and want to use MySQL as the database behind. I read about GPL License. The license wants me to publish my source code, if I use the free version of MySQL. I dont want to publish my source code.
So is it allowed to use MySQL as the database and build for example an mobile App with Android, that uses the data from there, without publishing my Android source code?
Thank you
You don't need to bundle MySQL with your Android; You probably host your MySQL along with your web server, isn't it?
So, the answer is No, you don't need commercial license for your App.
At first please have a look at the MySQL licensing page what model really applies to your software.
I think as long as you only want to connect to a MySQL database you somehow can do what you want (but don't bundle the client libraries). The rule of thumb is don't include/bundle anything from Oracle/MySQL and you are on the good side.
It is ok if the user downloads and installs the MySQL-package, but it is not you who delivers it with your software (which would be bundling again).
I think it is also ok to write a script which automatically downloads and installs it from the Oracle pages (note - there are better ways: e.g. dpkg), but I'm not a licensing expert.
The GPL FAQ might help you to get a sense for using and publishing GPLed software.
An overview/comparison of free and open-source software licenses can be found at Wikipedia.
Hope that helped a bit.
*Jost
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I am planning to start a commercial web project (like e.g. facebook) which requires a database.
I've read through all the licenses and FAQ's of MySQL, PostgreSQL and HSQLDB but I am still not certain if I need to purchase a license (commercial type) or have to publish the source code of my web project (open source license) since I am not a lawyer.
My Question is: Can I use any of the databases mentioned above for my commercial project without having to purchase a commercial license or publish my source?
If not, is there a database out there which I could use?
You can use MySQL and PostgreSQL commercially without any sort of purchase. You can purchase support agreements from them, if you need it.
You would not be required to publish your source code simply because you're using an open source database. Only if your project was a modification of the database engine would you need to provide the source.
edit: Per the comment by Pekka above, I realize that I was assuming this was a web site based project with a server-side database engine. If this is not the case, my answer could be misleading.
I contacted the mysql guys and they said that using MySQL as described in my initial post is free of charge:
Certainly during the development phase
there is no requirement to purchase a
license as you can use the Community
Server for that, however it would make
sense that once you went live you
would purchase MySQL Enterprise to
ensure you had access to the most
stable versions and support.
More information can be found at:
http://www.mysql.com/about/legal/licensing/oem/
Community Server is released under the
GNU General Public License Version 2
(also known as the GPLv2). This can
be found at
http://www.gnu.org/licenses/old-licenses/gpl-2.0.html
Provided your use of MySQL Community
Server complies with the GPLv2 then
you are free to use it. If you are in
any doubt, then it is worth looking at
Enterprise.
I also asked if I had to release/publish my code under a open source license if I used the community server. This is the answer I got:
I am not a lawyer, so please take this
into account. Also you probably
should be talking to the sales staff
on what you can and cannot do, you can
get their details from the contact
pages on www.mysql.com. However as I
understand the GPL unless you are
distributing MySQL with your code you
do not need to release your code under
the GPL. If, however, you do
distribute MySQL then you either need
an OEM/ISV license or your code must
be under the GPL, or one of the other
Open Source licenses covered in the
FOSS exceptions listed in the FAQ page
I gave you.
Safe answer: talk to a lawyer.
If I didn't know the safe answer, I'd tell you that you can use any one of those without paying anybody and without having to publish your source code. Luckily, I know the safe answer so I didn't tell you that.
edit — Note that finding the appropriate lawyer to talk to might be a difficult task. The point is that if you're actually starting a business and you feel uncertain of your ability to interpret license terms yourself (which is to say that you feel uncertain of your ability to be your own lawyer), the right thing to do is seek out legal advice from an actual attorney, and not from random unknown people on the internet.
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Since last August 2009, I have been working on project but then decided to release it as an open source project. The purpose of this project is to provide an alternative to existing commercial & expensive solution.
So my question is, how can I get started ? The prototype has been ready since May and now being rewritten in Java. Which license type do I need to pursue ? LGPL? MIT?
Thank you,
John.
Figure out what you want people to be able to do with it.
Do you want people to be able to use it for anything, including commercial stuff, or do you want it to be locked down as open source crazy GNU stuff?
This list should be a good start.
http://www.opensource.org/licenses/category
Next, pick a place to host the project. Google Code is a great one and I believe they require your project is a certain license. So that makes your decision for you.
Another thing you might want to consider is source control. If you like SVN, Git, or something else that can matter. GitHub is a good place for git projects and almost all of your hosts will have svn support.
There are numerous Open Source licenses, but the ones I'd recommend are either BSD-style or the GPL. You'll have to decide which you like. Should people be able to take what you've done and wrap them into proprietary software and sell it, without necessarily giving back their changes? Up to you. A BSD-type license might get you more users, and a GPL-type license might get you more development help.
If you're thinking of dual-licensing, with an open source and a commercial license, you almost certainly want to go GPL for the open source license, since BSD-style doesn't leave you with enough extra rights to sell.
You keep the copyright on everything you do that's not for hire, unless you explicitly give it away. If you start getting help from other people, you need to decide what to do. You can ask for the copyright to be transferred to you, which will keep your complete copyright control at the expense of discouraging outside developers. You can trademark your software, to keep the branding, and this is independent of who owns what copyright. I'd advise talking to a lawyer about that, as trademark law isn't as clean as copyright law, and can vary from state to state. If you live in the US, you can probably get a lawyer referral from your local bar association, and it shouldn't cost much for an initial consultation.
As Jonathan said, check the OSI for information on possible licenses. Pick one from there. They'll all work, more or less, unlike a license you might write up (unless you know what you're doing). Some sites, like Sourceforge, don't allow projects that are not under an OSI-approved license, so you'll get more options with an OSI license. Moreover, lots of people are already familiar with the standard licenses, and you won't have to explain your license to them.
You could use any of the main Open Source licences - it is going to depend on what you want from the project.
GPL
Berkeley (minus advertizing clause)
MIT
Apache
You probably wouldn't use the LGPL unless what you're writing is a library.
So the Open Source Initiative for information abuot possible open source licences. Do not try to invent your own.
If you want be protective about the software you could for example one of
GPL
LGPL
But in many cases a more permissive license attracts more users.
MIT
Apache
are quite permissive.
If you want to do dual licensing then consider using GPL and a commercial license.
Before you pick a license and you have to answer yourself :
Do I want forks?
Do I want commercial usage of my software?
Do I want that my software is included in commercial software?
Do I want to enforce any license on forks?
Pick an already established license from here : http://www.opensource.org/licenses/category
If you want to setup your project then just have a look at GNU Hello, which I think is a good template to start setting up an open source project and regrading license it depends what you want from projects as explained by others already.
TL;DR Legal allows you to look up open source software licenses and get a summary, in plain English, of what you Can, Can't and Must do with the software. It also allows you to see the affects of combining two licenses, although that option is misleadingly called "Compare Licenses."
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I wrote a library and I would like to make it open-source, but I am afraid of others stealing it and taking ownership of it. I am very new to licensing software.
What should I do and what are the steps in licensing my software.
Well the first step is choosing what licence you want to release your software under. The Open Source Initiative has a useful page listing a lot of them and there's a good comparison on the KDE web site. There are lots of different options - you need to work out what you're happy for other people to do with your code. Are you happy for it to be included with commercial applications without the source code? Modified without changes being contributed back?
Then you just need to work out what the licence requires - you may just need to include a licence.txt file with the software, or apply a comment at the top of each source file.
Find an appropriate hosting site which is happy to use that licence, and you're away.
GNU Library License
Read LGPL.
Alternatives
There are many other licenses from which you can choose.
Application
Usually it is sufficient to include documentation in the header of all source files that refers to the licensing conditions. As well, it is common to include a text file containing information about how the software can be used.
Software Theft
Once publish your software under an open-source license, typically that grants everyone the right to use the code for any purpose they desire. Normally you needn't be concerned because that is the point of releasing the source code. In fact, you want to encourage others to take your software and use it. Something that is given away for free cannot be stolen.
Ownership
The real concern here, in my mind, would be people taking the software and claiming it as their own. It happens (DVD Jon, Microsoft, and SCO to name a few), and there is not much people can do about it.
If your concern is about people branching your software to create other versions, that seems more like cause for celebration. It implies that your software has been well received, so well that other people want to take it in directions that they feel solve a different niche of problems. This should be encouraged.
No matter what happens, though, you will retain ownership of whatever you produce under copyright law (at least in Canada and the United States).
Remember to consult your friendly neighbourhood IT-specialized lawyer for advice.
Custom License
Also, even if you release the source code under an open-source license, it does not mean that that is the only license you may associate with the source code. It is entirely possible that someone will approach you requesting different terms. For example, they might want to create and share a proprietary solution that uses your technology, without having to release their changes to the world. You might choose to offer them a commercial license under mutually agreeable terms and conditions.
Be careful, though: third-party contributions donated to your project, under the terms of the open-source license, are not yours to distribute under a different, custom license. If you want the flexibility of creating a custom license, you must have the ability to identify and extract your personal contributions.
If it's open source, you are relying on the honour of the people who use it, whatever form of preamble you put in each file and include with the distro bundle.
You probably want to start with the OSI licensing page.
If you make your code open source, you are explicityly allowing other people to do pretty much anything they want with it, with in the case of GPL some restrictions on what they must do ifv they choose to distribute it. This is not "stealing". If this worries you, don't make it open source.
If you want the source code to remain free but you don't require the software using your library to be free, you should use the LGPL library. Link
Otherwise, if you want the software using your library to be free, go for the classic GPL. Link
If you are afraid people can steal your work, well, maybe free licences aren't for you :-)
Instead of stealing them, they may use your code, enhance it, redistribute it etc. If you don't know much about this philosophy read here
You can start by looking at the GNU "How to use GNU license for your project" page.
However, the whole idea of open-source is sharing your code with other people. If you're afraid of "others stealing it" - keep it under your hat.
When you licence your library you still retain the copyright. The licence governs what people can and cannot do with the library. You can select from many different open source licences. Without knowing anything about how your library is intended to be used, I'm going to make the assumption that it needs to be compatible with a proprietary licence.
MIT
Permit anyone to freely use without restrictions.
LGPL
Permit anyone to freely use provided modifications are made available.
I strongly encourage you to read the terms of these licences.