The term originated in the context of software development to designate a specific approach to creating computer programs. What are freeware, shareware, and open source software. Note that the open source definition is not itself a software license. Utilizing open source software can bring significant benefits. Resources for open source compliance open source initiative. There are open source software applications for a variety of different uses such as office automation, web design, content management, operating systems, and communications. Open source software open source software oss describes software released under numerous different open source licenses the availability of the source code for oss and the right to modify and. However, it is important to understand that there are. If you dont apply an open source license, everybody who contributes to your project also becomes. An important legal milestone for the open source free software movement was passed in 2008, when the us. Open source is an unusual circumstance, however, because the author expects that others will use, modify, and share the work. Opensource license law and legal definition opensource license allows opensource software users to copy, distribute, or modify the source code, and publicly distribute derived works based on the source code. Developers of software that is intended to be freely shared and possibly improved and redistributed by others can use the open. But because the legal default is still exclusive, you need a license that explicitly states these permissions.
Opensource softwareby edwin baker, partner, stephen reeves, senior associate, and jeremy harris, partner, kemp little llprelated contentthis note sets out the origins of opensource software, the. Defining the open in open content and open educational resources. The fundamental purpose of open source licensing is to deny anybody the right to exclusively exploit a work. The term open source refers to something people can modify and share because its design is publicly accessible. Anyone is permitted to see how the source code works and. Lets take a look at a real world example of open source software. Although open source software doesnt have licensing restrictions that limit its use, modification, or redistribution, it usually has restrictions that preserve its open source status and control its. Open source and proprietary software ethical, legal. The oss community generally agrees that opensource software should.
Today, however, open source designates a broader set of valueswhat we call the open source way. Opensource software is an alternative to proprietary software. The terms open content and open educational resources describe any able work traditionally excluding software, which. Open source software is increasingly important in the technology industry. Legal aspects of free and open source software, compilation of. To be considered a true open source initiative, the code must gain a certification standard issued by the open source initiative osi s. Opensource license allows opensource software users to copy, distribute, or modify the source code, and publicly distribute derived works based on the. There is a somewhat higher risk, compared to proprietary software, that open.
Can open source software be used for commercial purposes. Open source is part of a wider focus on lowering barriers to participation, including for smes, reducing vendor lock in, increasing use of open standards, improving. Everything youve ever wondered about the legal side of open source, and a few. Legal aspects of free and open source software durie tangri. In 1991, linus torvalds, a student at the university of helsinki in finland, developed a new operating system based on minix, a derivative of. It costs nothing and provides the source code so that anyone can modify the software for their own purposes. Opensource definition of opensource by merriamwebster. The open source definition was originally derived from the debian free software guidelines dfsg. Oss is software which is subject to a licence, which makes the source code available to everyone.
Open source definition of open source by medical dictionary. The software included in this product contains ed software that is licensed under the gpl. Theres a fair amount of confusion over the term open source. Under perens definition, open source is a broad software license that makes source code available to the general. Open source article about open source by the free dictionary. In 1998, open source has been set up as a marketing campaign for free software but with the same freedoms in mind. Typically, in order to permit their works to reach a broad. Intangible personal property consisting of mathematical codes, programs, routines, and other functions that controls the functioning and operation of a computers hardware software instructs a.
Open source licenses are licenses that comply with the open source definition in brief, they allow software to be freely used, modified, and shared. Opensource license allows opensource software users to copy, distribute, or modify the source code, and publicly distribute derived works based on the source. Opensource license law and legal definition uslegal, inc. Creative commons zero is a legal device known as a public domain dedication. A practical guide to gpl compliance software freedom law. What is open source software, and why does it matter. Last modified, 20070322 the content on this website, of which is the author, is licensed.
Usually, opensource licenses do not require royalty or other fees on distribution. The users also have the ability to distribute as many copies of the original program as they want. Opensource software oss is any computer software thats distributed with its source code available for modification. In other words, only the holder has the legal power and authority to enforce the terms of the gpl or whatever the license may. Open source software means any software distributed under any license that requires that the software covered by the license or any software incorporated into, based on, derived from or distributed with such software i be disclosed, distributed or made available in source code form or ii be licensed under the terms of any open source software license e. Frequently answered questions open source initiative. Initiative osi maintains the open source definition and approves open source licenses. Its users and anyone else have the ability to take this source code, modify it, and distribute their own versions of the program. Open source initiative osi, a 501c3 californiabased nonprofit, approves opensource s.
Among other things, the definition states that open source software must be distributed without royalty, that the distributor must make the source code for the software freely available, and the. A copy of that license is included in this document on page x. Any kind of work can be free, and the definition of free software has been extended to a definition of free cultural works applicable to any kind of works. They can fix bugs, improve functions, or adapt the software to suit their own needs. It is a specification of what is permissible in a software license for that software to be referred to as open source. Open source does not change who has standing to sue. The fsf free software licensing and compliance lab handles all. Other widely known labels for free software are libre software, initiated to avoid. Open source is a philosophy that promotes the free access and distribution of an end product, usually software or a program, although it may extend to the implementation and design of other objects. The definition of open source if a program is opensource, its source code is freely available to its users. Third party open source software legal definition of.
Opensource definition is having the source code freely available for possible modification and redistribution. Participating in an oss project can be a pathway to building a career in software development, allowing programmers to hone. They offer a very detailed and legal definition of open source software, who can use it, and. The simplest explanation is that open source licenses are legal and binding contracts between the author and the user of a software component, declaring that the software can be used in. As they do with proprietary software, users must accept the terms of a license when they use open source softwarebut the legal terms of open source licenses. The open source definition specifies that open source licenses may not discriminate. Opensource software oss is a type of computer software in which source code is released. That means it usually includes a license for programmers to change the software in any way they choose. Under perens definition, open source is a broad software license that makes source code available to the general public with relaxed or nonexistent restrictions on the use and modification of the code. An introduction to the legal issues surrounding open. Opensource software oss is software that is distributed with source code that may be read or modified by users. Definition of third party open source software third party open source software means any third party open source softwaredatabasesfiles delivered by tall maple to customer in connection with this. The software freedom law center provides legal representation.