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506 lines
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Markdown
506 lines
42 KiB
Markdown
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---
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title: Software Licenses
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date: 2022-01-23
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tags: [programming]
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---
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I wanted to talk a bit about what are software licenses, what different types of these licenses are there and why are
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they really important to know about and to know which one you like the most. Not choosing a proper license for your
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projects may lead to your code being used by others in ways you don't like and depending on the license you chose, you
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may not even have a way to really do anything about it. It is also important so that you personally won't misuse any
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code. Stealing code is illegal and you may get in trouble for it, so it is always good to know what you can and can't
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do with the code of others.
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## Why are licenses important
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Whenever you publish essentially anything, not just source code, you automatically gain copyright over that content (at
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least in most countries, there are some which don't really respect the copyright law, but that's very rare). This
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copyright imposes pretty big legal restrictions on that content. Essentially, this means that even though you may have
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decided to publish your code on a website like GitLab or GitHub, you only made it "source-available", not
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"open-sourced". This is because for a project to be considered open-sourced, it must meet some very specific criteria,
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namely, it needs an open-source license. The reason we don't call source-available code open-source is because even
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though the author of these projects as the copyright owner have published his work for anyone to look at, this doesn't
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give others the legal permission to actually re-use this code or alter it in any way.
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This means that everybody who would be interested in improving this code, or making derivative works from it would
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actually be breaking this copyright law. Even if they made no changes to it, just creating a "fork" is already a
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violation of this law. Think of it as if you were keeping a copy of some movie on your machine, or even hosted on the
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internet somewhere without any permission from the company that made this movie. Obviously, you can't do that, it's
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illegal, and so is doing the same with source-code without a license from the copyright owner that allows it.
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Most people interested in making their source code available are actually also interested in getting others to use
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their project in their own source-code perhaps integrated as a library, or in any other way, and more importantly, they
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are looking for others to help them with their projects and contribute to them to make these projects better for
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everyone. This is precisely what an open-source license allows. There's countless amount of these licenses, and many of
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them are written by individuals without any legal knowledge, which may be dangerous. For that reason, the Free Software
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Foundation (FSF) has a curated list of [FSF approved
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licenses](https://software.fandom.com/wiki/List:FSF_approved_software_licenses) out of which all of them are guaranteed
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by the FSF to legally make sense and to indeed allow this source code sharing, so you should really only pick one of
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these licenses unless you have a good lawyer who can confirm that the license you decided to use, even though it wasn't
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on this list does make legal sense and is legally enforcible.
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But there are many types of licenses that allow others to use your code with different kinds of permissions and
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restrictions imposed on them while using this code, most commonly for example the need to mention the usage of the
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original project in a derivative work.
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## License types
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Learning about different licenses may be a bit confusing at first, and I would always suggest to do your own research
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as I am not a lawyer and I do not offer any legal advice here. All I will do is try to explain the basic categories of
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the open-source licences and explain what these categories represent, but once again, don't just blindly trust some
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random guy on the internet, do your own research before picking a license and ensure it will really be exactly what you
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want it to be.
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### Copy-Left licenses
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These licenses allow others to use your code, whether it means building a derivative project that can do certain things
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differently from your original code, but still uses a lot of the original code-base, or just utilizing a few snippets
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of your code-base for example just a single function, or even just using this project as a library, being integrated in
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some bigger scoped project which needs the logic of your project internally.
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But the main point of this type of licenses is that they require all projects using work that's licensed under them to
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also use that same copy-left license. This is called propagating a copy-left. This basically means that if some other
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project would like to include some part of your code into their code-base, no matter how big the part is, or if it's
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the whole project, used as a library, they would need to license their code under the same license that your original
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code code has, or at least a compatible license (propagate the copy-left).
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This is a way to enforce that your code will always stay under the same licensing terms and every other project using
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it will need to be open-sourced along with your code. If any other project contains any parts from copy-left licensed
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project(s) without itself being copy-left licensed, it is in violation in this license causing it to no longer apply.
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But this license was the only thing giving that project a legal right to use code of some other copyrighted code,
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without it, that project is now using copyrighted code without permission, making it violate the copyright law and any
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of the copyright holders who had their code used by this other project without following the terms of this license can
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sue the authors of such project.
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This behavior of copy-left licenses propagating themselves and prohibiting being licensed under any other
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(non-compatible) license is called forbidding sublicensing. Some copy-left licenses do actually allow you to change the
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license, but only to a selection of a few other copy-left licenses with similar terms, even though they wouldn't
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necessarily be "compatible" licenses legally, as they may enforce different set of rules, they can still include a
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clause allowing for such sublicensing. This is often done to allow for easily updating the license to a new version of
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it. As without a clause like that, changing licenses may get tricky, I will talk about this in another section later as
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it is pretty involved process. However be careful with this as even though one license may have a clause allowing you
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to sublicense your content under another, that other license may not have the same clause allowing you to go back.
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Usually, if your project is compilable into a single executable file (or multiple of them) copy-left licenses often
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also require shipping the license and the entire source-code (or at least the parts covered by this license), or at
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least a link to a website on which this source-code is hosted along with that executable. This ensures that there is no
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way the code could go closed-source, because it can't even be shipped without the source-code.
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Note that they don't however usually forbid the software from being commercialized and sold for a profit, but whenever
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someone would decide to buy this software, they would receive it along with it's source-code and the copy-left license,
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and after that they could simply make their own derivative works and distribute those for free if they wanted to, since
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the license allows that. This makes it really easy for anyone to just buy the software and then distribute the exact
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same copy of that source-code for free to anyone, making it mostly pointless to even sell it in the first place,
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however it is important to mention that it's possible nevertheless.
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What's perhaps a bit unintuitive though is the fact that it actually is possible for a copy-left licensed software to
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be kept private for example just to a company that's using that software internally. However keeping it private is
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quite difficult as by being copy-left, the source code and the license will have to be shipped with the executable,
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even internally. This means that any employee could just take a look at that source code and decide to publish it as
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the license allows them to do that. Though there are some licenses which actually prohibit even something like this,
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but because of that, these licenses can end up being really hard to follow.
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There can be many little caveats to these licenses and you should always make sure you understand what that license is
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allowing/denying before you decide to use them.
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The most popular copy-left license is the GNU General Public License version 3 (GPL v3), but also the version 2.
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Another a bit less commonly used is the Mozilla Public License (MPL).
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### Permissive licenses
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Similarly to copy-left licenses, this type of licenses allows usage of the original code in almost any way
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(derivatives, using small chunks, using code as library, ...), however unlike licenses in the copy-left category,
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permissive licenses do allow almost any form of sublicensing. While there can be some licenses which are still
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considered permissive even though they forbid sublicensing to certain kind of licenses, this is pretty rare and can
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only go so far. Licenses that do this may be considered permissive, but they're usually refused to be accepted as "free
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software licenses" because of these restrictions which may limit the freedom of others to truly use and do whatever
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they may want to with that software.
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This said, even though sublicensing may be allowed, it doesn't mean there aren't any conditions which may need to be
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met before the code can be sublicensed. Most notably the requirement to mention the original copyright holder(s) and
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perhaps to ensure the original author won't be held liable for any issues with the source or clauses which can forbid
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things like patenting.
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This means that permissive licenses give others a lot more freedom because they allow changing the license of a project
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that's using parts of your code, but this means that anybody could simply take your entire project, change it a bit and
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close-source it, while just respecting the terms of your license (most likely just being the original author mention),
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after that the person/company utilizing your code could easily release the product as a payed software without having
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to show what the code is actually doing at all. This means they could improve the software a bit, add all kinds of
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trackers constantly sending everything you do with their software to them and perhaps even some nefarious things such
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as integrating a full-blown crypto-currency miner that's running in the background at all times while you're using this
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project sending the mined profit to them. Things like these are unavoidable with a license allowing this much freedom,
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and even though it may require that project to mention the source, this mention can easily be lost along with thousands
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of other mentions because the project may rely on many other things too.
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However the proponents of this license like this fact because even though it may mean their software will be used along
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with these non-privacy respecting things added on top, at least it means that a big part of this new project is
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open-sourced and it may even bring the companies/people using this open-sourced software to contribute back to it,
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therefore helping it to grow and improve the features it supports. While they could do this on their own in their
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versions of that software, they usually don't do that simply because it gives them more code to maintain, while
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contributing it to an open-sourced project that they will then use will mean others will maintain that code for them,
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whether that's other people, or even other companies following the same logic.
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The most commonly used permissive licenses are the MIT License and the Apache 2.0 License. Another really popular
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set of licenses are the BSD licenses, most notably the BSD 2-Clause license.
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### Public domain licenses
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There are also the so called "public domain licenses", which are actually technically a subtype of permissive licenses,
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however when we talk about permissive licenses, we generally don't really refer to the public domain ones, even though
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they technically meet the definition of a permissive license. This is why I separated this category since it's quite
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different from the general permissive licenses.
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Public domain licenses essentially strip the copyright away completely. This basically gives everybody the rights to do
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pretty much anything with the code. They don't impose any extra restrictions (such as mentioning the original
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source/author) and they obviously allow sublicensing.
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Depending on the country you're in, these licenses may act a bit differently as not all countries allow "removing" the
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copyright from your work, instead you can "assign" the copyright to the public domain on an equivalent of that in other
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countries. This could basically mean that everyone is the copyright holder of said work giving everyone the rights to
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do absolutely anything with that work as they're basically considered as the owners of that work.
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The most notable public domain license is the "Unlicense" license.
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### Strong and weak copy-left
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These are subtypes of the wide copy-left licenses category. I didn't initially include it in the copy-left section
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because it was already quite big and I wanted to just describe the category itself before getting to some specifics,
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also I wanted to describe the permissive licenses before getting to the definition of this subcategory as it does rely
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on this definition.
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Basically, the "strength" of a copyleft license is determined by the extent of the license's provisions on the
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different kinds of derivative works. This sounds complex, but the difference isn't actually that hard to understand.
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Simply the "stronger" the copy-left license is, the less exceptions are there for a derivative work to not inherit that
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copyleft and with it the requirement of propagating the license.
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In other words, the "weak" copy-left licenses are those where there can are exceptions to inheriting a copy-left and
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there can therefore be some derivative works made which won't actually fall under the copy-left guidelines of that
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license. For these derivatives, the license actually becomes permissive and they can be sublicensed. As opposed to
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"strong" copy-left licenses, which don't carry any exceptions like these and every single derivative work, no matter
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how little of the original project's code was used, or in what manner it was used, will inherit the copy-left and will
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be forced to license under the same (or compatible) copy-left license.
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This makes weak copy-left licenses somewhat of a compromise between strong copy-left and permissive licenses where you
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may want to allow sublicensing if a derivative meets some criteria (such as if someone just wants to use your work as a
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library), in which case they could sublicense and use your code as if it were under a permissive license, but in other
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cases (such as someone wanting to make a full-fledged alternative where they're going to be making changes to your code
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and building on it) they will be required to inherit the copy-left and use the same license.
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Another way a weak copy-left can behave is a file-based copyleft. This means that any file containing copy-left code
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will inherit that copy-left and will therefore need to be licensed and distributed accordingly to the terms of that
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license, however your derivative project may only include one file out of thousands in a codebase under this weak
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copy-left license, this would mean instead of you having to license the entire project as copy-left, you'd only need to
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license that file(s) in which that copy-left code is present, everything else can still stay permissive, or even closed
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sourced in this project.
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Do note that this could end up causing some legal "gray zones" when that copy-left license isn't clear about when the
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copy-left should propagate, and when it can be permissive, and it is important to say that these weak copy-left
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licenses weren't yet tested in court.
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- The most commonly used weak copyleft licenses are the
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- **Lesser General Public License (LGPL):** Libraries are treated permissively, major derivatives inherit copy-left
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- **Mozilla Public License (MPL):** File-based copy-left that ensures all of the copy-left licensed parts remain
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copy-left licensed, even though they could end up being a part of a proprietary closed-sourced project. It also
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allows the project's contributors to terminate the license for their copyright code only (the code that was
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contributed by this author under this license) by sending a written notice to the projects using this MPLed code,
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but only to the parts of the MPLed code copyrighted by that author. This license treats files as the boundaries
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between MPL-licensed and proprietary parts, meaning either all code in a file will be MPL licensed, or none of it
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will. (i.e. using just a bit of MPLed code in a file makes the whole file fall under MPL).
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- The most commonly used strong copyleft licenses are the
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- **General Public license (GPL):** The license that defined copy-left
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- **Affero General Public License (AGPL):** Extension of the GPL (an even stronger copy-left) that enforces source code
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publishing even for a "service" use case (I won't get into details about that here, look it up if you're interested)
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- **Sybase Open Watcom Public License:** One of the strongest copy-left licenses which prevents the "private usage"
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loophole of the GPL (which allows source-code modification when you "deploy" the software for private use only,
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even for testing while developing a project covered by this license.) and requires source code publishing in any
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use-case. However this can be way too limiting and basically makes it really hard to even develop the software
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covered by it because each time an executable is built, the srouce-code has to be made available, which lead to
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FSF not accepting this license as "free software license". Therefore usage of it, while making the project
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"open-sourced", does not make the project a "free and open-sourced" project.
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- **Design Science License:** The interesting thing about this license is that it can apply to any work, not just
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software/documentation, but also literature, artworks, music, ... (however it became irrelevant after the creation
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of "creative commons" licenses.)
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## How are these licenses enforced
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It is important to understand how exactly the open-source licenses actually work. How does simply having a text file
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with some legal gibberish allow others to use that project and contribute to it?
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Essentially, these licenses extend the copyright of the person who submitted some code under that license. By doing so,
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they and allow using of said code in other places, it's modifications, and other things, depending on the actual
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license. But that license is usually the only thing that give others the right to use that code in these ways.
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These licenses are therefore able to enforce themselves, because the moment you violate the terms of that license, it
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no longer applies to you. At that point, you still have the copyright law to consider. It's entirely possible that you
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could've had a permission from the original author to use the code in the way you did, even if it isn't following that
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project's license. This is because that person explicitly gave you some rights to do certain things with their
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copyrighted work, so basically, they extended their copyright of that work to give you some additional rights. But if
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this agreement also didn't happen and you were in violation of the main license, you don't have any other legal
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permission allowing you to use the copyrighted work, which puts you in violation of the copyright law.
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Whenever you're in such copyright law violation, the significance of such violation will depend on where you live. Some
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countries don't even respect the copyright law, allowing you to use whatever code you want as there's no law to violate
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if your country doesn't actually have the copyright law at all, however most developed countries do respect copyright.
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If you live in one of those countries, you'll just need to learn how they handle copyright violations. It may be the
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case that before any legal case can be made, the author must send you a copyright violation letter (so called: ciese
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and desist). However if your country doesn't require that, you may simply find yourself facing a lawsuit for copyright
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infringement without any prior warning.
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As you can see, you can't actually "violate" an open-source license, rather if you do not meet the conditions of said
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license, then the license doesn't apply to you and you do not acquire the permissions granted by it. Unless you've
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acquired these permissions by some other means, you are violating copyright, but you aren't violating the actual
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open-source license as it isn't a license that you've signed or anything like that, it's just something giving you the
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possibility to use that work, if you follow it. That said though, in practice you often hear about a license being
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"violated", but what's really meant by that, in fact what they mean is that since you didn't meet the conditions of
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that license, you're violating copyright.
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So remember, a software license can only ever give the recipient of the creative works additional rights, it can never
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takes away rights.
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## Picking your license
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While you aren't required to add a license of any kind to any of your source-available projects, it's a bit weird to
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have a project's source code available without any license giving others rights to actually improve it and use it. At
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the moment, all of the contributors to such projects are actually breaking the copyright law which isn't ideal (unless
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they live in a country which doesn't respect copyright, but again, that's very rare). Even though I'm sure most people
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with projects like these don't actually have the intention to sue it's contributors, authors of these projects
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technically could. That's a bit unexpected for the contributors and it could make contributing to projects like these a
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bit scary, and it would certainly discourage many people from not just contributing, but possible also using this
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project.
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**Some great websites:**
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- There is a [page from GitHub](https://choosealicense.com/) that may help you pick the correct license for your
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project.
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- Another website to help you pick a license is the [license picker from heathermeeker](https://heathermeeker.com/open-source-license-picker/).
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- You can also check out a post in the GitHub docs about licensing projects
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[here](https://docs.github.com/en/repositories/managing-your-repositorys-settings-and-features/customizing-your-repository/licensing-a-repository)
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- Yet another wonderful site you should check out is <https://tldrlegal.com>, which can quickly show you the details about
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what a given license requires from others when they use your code, and what rights it gives them.
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## Limitations
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Before picking your license, you should be aware of the limitations it may create for your project. While you can
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obviously pick any license for your projects whatsoever (including no license at all), if you pick a permissive
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license, you immediately loose the right to use any copy-left licensed code (unless it's a weak copy-left and you're in
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the exception). It is therefore very important to know your dependencies and the licenses of the code you're using in
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your codebase directly.
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You as the author of that project still need to follow the licenses of the other projects you're using in your project.
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Even with permissive licenses, there may be certain terms you need to follow in order to meet the conditions of that
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license and be allowed to use the code from that project. Most commonly this will be the requirement to mention the
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usage of said code/mention it's copyright holder/mention the original source repository/... In vast majority of cases,
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if you're using a packaging system (such as pip for python, npm for node, cargo for rust, ...) these will create
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dependency listings, which will often fulfill the requirement and it's possible to get it's source url because of that
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|
package manager. Luckily, most libraries are generously licensed under weak copy-left or permissive licenses, and they
|
||
|
don't really have any other terms that would make things more complicated apart from just a simple mention, even if
|
||
|
that's just done by the package manager in the project's dependencies. However it may not always be the case, and for
|
||
|
those cases, you may need to do something special apart from/other than just a mention like this to fulfill that
|
||
|
license, and if you aren't willing to do that, you simply can't use that project.
|
||
|
|
||
|
Even if you're licensed under a copy-left license and you're using some copy-left repositories code licensed under the
|
||
|
exact same license, just sharing the license may not be enough to fulfill it's terms, in fact in most of the cases it
|
||
|
won't be. You will often need to mention the original source (again, if it's a dependency, a simple listing may be
|
||
|
enough for this), not make any software patents with that license, not use the project's trademark, state the changes
|
||
|
from the original project, etc. So no matter if your licenses are permissive or copy-left, there may be other terms and
|
||
|
you need to make sure they're followed, otherwise you may be violating that license.
|
||
|
|
||
|
If you wanted to, or if the license of a project you're using requires it, you may want to make a file that
|
||
|
explicitly mentions which parts of your codebase aren't actually licensed under the main license but instead belong to
|
||
|
someone else and are licensed differently. You'll often want to include full text of that other license and then below
|
||
|
(or above) the copyright holders/links to original sources/other stuff which said license requires. This can make it a
|
||
|
lot easier to keep track of which parts of your code-base aren't actually covered by your main license, but are instead
|
||
|
using some other license. It can also keep you from making mistakes if you wanted to change a license as you'll
|
||
|
immediately see if you have some code that isn't compatible with some new license you'd like to relicense to (more in
|
||
|
the changing license category).
|
||
|
|
||
|
## Changing the license
|
||
|
|
||
|
If you initially licensed your code under a certain license, and after reading this (or really for any reason and at
|
||
|
any point) you decided you want to change that license, you may run into some problems.
|
||
|
|
||
|
### The easy part
|
||
|
|
||
|
If nobody else owns the copyright to your code and you don't have any internally used incompatible code with the new
|
||
|
license (copy-left dependency or code), you can relicense, your code is yours to do whatever you like with. But once
|
||
|
other contributors are added to the equation, things get a lot more complicated. If that's the case, follow the messy
|
||
|
part below.
|
||
|
|
||
|
If your code was initially licensed under a permissive license, you're usually fine as you can sublicense because of
|
||
|
that permissive license, no matter if the next license is going to also be permissive, or if it will now be copy-left,
|
||
|
or even a proprietary license. Of course the licenses of all of your dependencies are most likely also permissive if
|
||
|
your main license is permissive so they should also be compatible, but again, permissive licenses may have some
|
||
|
exceptions to relicensing and while this is pretty much never the case with FSF approved ones, you should always make
|
||
|
sure.
|
||
|
|
||
|
### The messy part
|
||
|
|
||
|
However if you've licensed under copy-left, you will more work to do. First of all, check if you have some copy-left
|
||
|
licensed dependencies/parts included in your codebase, and if you do, ensure all of them will be compatible with this
|
||
|
new license (most likely they won't be as just a slight change to a copy-left license usually means it's no longer
|
||
|
compatible, but there may be some compatibility clauses in your license allowing this). Note that even if the license
|
||
|
you're switching to is compatible with your main project's license, it doesn't necessarily means it's also compatible
|
||
|
with the copy-left dependencies, since they could've only been compatible with your current (old) license because of
|
||
|
some compatibility clauses, which however don't also extend to your new license, even though your current license has a
|
||
|
compatibility clause with it. This can sometimes get really complicated, however luckily most people usually stick to
|
||
|
only a few common copy-left licenses and compatibility questions about them were already answered, just look them up.
|
||
|
|
||
|
If some of your dependencies aren't compatible though, you'll need to remove them dependencies and use something else,
|
||
|
or write it yourself. Otherwise, the next step will be to check if your main project's license is compatible with the
|
||
|
new one, if it is, it is completely safe to change the license, just like it would be with a permissive licensed
|
||
|
project.
|
||
|
|
||
|
However, if the main license isn't compatible, which will basically always happen if you're going from copy-left to
|
||
|
permissive, but often also if you're just going to different copy-left license without an explicit compatibility
|
||
|
clause, you will face some issues. If you are the sole copyright owner and all of the dependencies/code parts are
|
||
|
compatible, you can just switch as an owner of that code, but that's probably not the case since you'd have stopped
|
||
|
reading as I've already said that. So the other option is that you have some other contributors, which hold the
|
||
|
copyright to certain parts of your project. Each line of code added by someone else will mean the copyright will belong
|
||
|
to them (unless it's explicitly stated otherwise) and you can't simply change the license as these other copyright
|
||
|
holders originally submitted their code under the terms of the main project's license, which didn't allow you to change
|
||
|
it.
|
||
|
|
||
|
Don't worry though, there is a way around that, but it's not particularly easy to achieve. Your next step now will be
|
||
|
to find a legal way to still change the license, which is only achievable in 2 ways. First way is to just remove all
|
||
|
of the code by any other contributors, which will most likely mean you'll need to rewrite a lot of the project yourself
|
||
|
without using any of the code from those contributors, or you'll need to get their written consent that allows you to
|
||
|
sublicense. This can be done by either them assigning you their copyright to that code, or by giving you a one-time
|
||
|
consent to just relicense to certain license you asked for. This won't be easy as you'll need to find out some way to
|
||
|
contact all of these contributors, and even if you can achieve that, getting their written consent to relicense won't
|
||
|
be very easy.
|
||
|
|
||
|
This is why in most realistic scenarios, if you will be relicensing with a lot of contributors, you'll end up having to
|
||
|
go with a mixture of those two options and rewrite the code of the people you weren't able to reach/didn't give you the
|
||
|
consent to relicense, and use the written consent of the rest.
|
||
|
|
||
|
It's probably clear by now that changing a license of a copy-left licensed work is really hard, but that's very much
|
||
|
intentional, after all copy-left is here to prevent license changes unless the contributors agreed to it, either via a
|
||
|
clause in that license directly stating that it allows sublicensing to some other license (usually next version of
|
||
|
itself), or via an explicit permission from said contributor.
|
||
|
|
||
|
## Common legal documents about licensing
|
||
|
|
||
|
In many projects you'll find out that before you're allowed to contribute something to an open-sourced, you'll be
|
||
|
required to sign a document stating certain things. This is mostly the case of contributing to projects maintained by
|
||
|
big companies, but what are these documents for, and should you be signing them?
|
||
|
|
||
|
### Contributor's license agreement
|
||
|
|
||
|
Following the relicensing category, it should be clear that any copy-left licensed project wishing to relicense won't
|
||
|
have it easy and it may take years to gather the consents of all of the contributors to actually achieve that
|
||
|
relicensing. Because of this, many companies chose to instead just get this consent beforehand, with what's called a
|
||
|
["CLA"](https://en.wikipedia.org/wiki/Contributor_License_Agreement), which is a short for "Contributor's License
|
||
|
Agreement".
|
||
|
|
||
|
CLA is a legal document that each contributor is required to sign before the company will allow any code from said
|
||
|
contributor to get into their (usually copy-left licensed) codebase. This agreement states that all code contributed by
|
||
|
the person who signed it will have it's copyright transferred over to that company. Making this company the single
|
||
|
copyright owner and therefore making it really easy for them to change the project's license if the current license
|
||
|
became inadequate.
|
||
|
|
||
|
But know that signing an agreement like this is very dangerous if you care about that code staying open-sourced. The
|
||
|
copy-left licenses are great because they're enforced by the combination of various small copyrights present in that
|
||
|
codebase, but the holders of these copyright each agreed to distribute their work, so long as the conditions of given
|
||
|
copy-left license will be followed. But when there is a single owner of the entire project, as I said before, it's
|
||
|
their work, they can relicense under anything they want. This includes closing down the project and licensing under a
|
||
|
proprietary license, and you as a contributor, even if you wrote over 50% of that code, because you've assigned your
|
||
|
copyright to that company, won't be able to do absolutely anything about this relicensing.
|
||
|
|
||
|
This is why if you're going to be signing a CLA, you should at least make sure that they include a "transfer
|
||
|
back/nullation" clause that doesn't allow them to relicense the code under any closed source proprietary license, so
|
||
|
you at least make sure the code-base will always end up being open-sourced, even though it may not end up being under
|
||
|
the same license. These nullation clauses can be as specific as desired and can even enforce staying on copy-left
|
||
|
licenses, or staying on some specific type of open-sourced licenses. But most companies wont' actually include clauses
|
||
|
like these in their CLAs and while you can ask them to include it, you most likely won't have much success with that
|
||
|
and instead your contributions will just be declined.
|
||
|
|
||
|
So just be aware what signing a CLA really means and that after you do so, you've given that company the rights to do
|
||
|
absolutely anything with your code, no matter the initial license that code was released under.
|
||
|
|
||
|
This is also why it is very common for employees to have a clause in their contract that states that all of the work
|
||
|
they do while inside of that building, or while using the companies computers, or while contributing to company-owned
|
||
|
source code, by signing it you as an owner of whatever creative work you create that meets these criteria sign over the
|
||
|
copyright you automatically gained as it's owner to that company, therefore giving them the rights to be the sole
|
||
|
owners of all of the source-code (and other things) maintained by them even though it wasn't written by them. This is
|
||
|
basically a CLA, except it's usually way more involved, i.e. not just including the work you submit to companies
|
||
|
projects, but also personal work, if you worked on it on their machines/in their building/... This is often the reason
|
||
|
why many people who developed their own projects which grew a bit bigger got legally transferred over to some company
|
||
|
they once worked in, just because they wrote even just a single line of that project on that companies computer,
|
||
|
immediately giving your copyright to that project over to that company. So be careful to inspect the terms of your
|
||
|
contract when getting a job as a programmer, and make sure if you're working on some personal project to not do so
|
||
|
while on the job.
|
||
|
|
||
|
### Developer Certificate of Origin
|
||
|
|
||
|
A ["DCO"](https://en.wikipedia.org/wiki/Developer_Certificate_of_Origin), or Developer Certificate of Origin is a legal
|
||
|
document that deals with ensuring that all of the code you submit to some codebase is indeed owned by you, or you have
|
||
|
a legal right to use it and contribute it to that codebase. It also requires you to have the right to assign this
|
||
|
contributed work to the license of that project, which extends the copyright of that code accordingly to the terms of
|
||
|
that license.
|
||
|
|
||
|
This kind of document is pretty important because without it, it would be the owners of that repository who would face
|
||
|
legal issues if their project contained some code it wasn't allowed to use and especially for bigger projects, but for
|
||
|
smaller ones too, it can be very difficult to verify that the code a contributor wants to add is actually their code to
|
||
|
begin with. Making all contributors sign this document before allowing them to contribute to the repository is a way to
|
||
|
ensure that the project's maintainers won't be the ones facing the legal issues for having code that they didn't have
|
||
|
right to use in their project, but instead it will be the person who contributed it who will be held liable. Of course,
|
||
|
this code will still be required to be removed from this project, even though it wasn't the fault of the maintainers
|
||
|
that it got included, but at least they won't be facing any fines or things like that and instead it will be the
|
||
|
contributor facing these.
|
||
|
|
||
|
This solution isn't full-proof and the project maintainers may still be the ones held liable even though a DCO was in
|
||
|
place, however it will at least mean that the maintainers themselves can then hold the contributor liable which usually
|
||
|
does a good enough job of scaring anyone who'd want to add a code they don't have the rights to into a codebase as
|
||
|
they'll now know that they could be facing lawsuits after doing so.
|
||
|
|
||
|
I think it makes sense for projects to include this document and you generally shouldn't be afraid to sign it (so long
|
||
|
as you're not submitting any stolen code, which you really shouldn't be doing even if there isn't a DCO in place). It
|
||
|
gives the maintainers at least some level of certainty that the submitted code isn't stolen and unlike a CLA, it
|
||
|
doesn't really do anything with your copyright rights to that project, it just confirms that you do in fact hold them.
|
||
|
|
||
|
|
||
|
## My personal preference
|
||
|
|
||
|
In my opinion, to truly support open-source as much as possible, I try to stick with copy-left licenses, because it
|
||
|
prevents my code from ever becoming proprietary as anyone wanting to use my copy-left licensed code will need to
|
||
|
distribute it's source-code along with the executable and they will need to follow the exact terms of the license which
|
||
|
I've picked.
|
||
|
|
||
|
In most cases, I go with strong copy-left, specifically with the simple GPL v3 license, as it meets all of the things
|
||
|
I'd want from a license, however when I'm making libraries which I know many people may end up using, I don't want to
|
||
|
discourage that usage by propagating the copy-left and requiring these projects to also use GPL as many people don't
|
||
|
like licensing their code under something copy-left, so I use weak copy-left there, specifically LGPL. Although to
|
||
|
truly support open-source, it can sometimes make sense to use strong copy-left even on libraries, as it forces everyone
|
||
|
using it to also keep their project open, and therefore this could really help grow the open-source community even
|
||
|
more. Also, do keep in mind that LGPLed code isn't GPL compatible and therefore if you do make an LGPLed library, you
|
||
|
won't be able to use any GPLed code/library in it!
|
||
|
|
||
|
Another great license to consider is the Mozilla Public License which came up with the very interesting file-based
|
||
|
copy-left propagation and therefore enforces all of your code to always stay open, even if it lives in an otherwise
|
||
|
proprietary codebase. I also find the clause allowing individual copyright holders being able to withdraw all code
|
||
|
covered by their copyright licensed under MPL from a given code-base simply by sending a written notice to do so really
|
||
|
interesting, however it could also be somewhat risky, both for people deciding to use your MPL code in their codebase,
|
||
|
as that project could basically immediately be destroyed by someone owning the copyright to a lot of the code of that
|
||
|
project but also to your project specifically because of the same reason. If you have someone interested in your
|
||
|
project who has already contributed a lot of code into your codebase suddenly change their mind (perhaps because they
|
||
|
now want to make their own competing project, or really any other reason), suddenly you may be forced to take out all
|
||
|
of their code from the code-base of your own project, which is why I'm hesitant to use it in many places, however it
|
||
|
remains very interesting to me and I may change this opinion over time.
|
||
|
|
||
|
I'm generally against permissive licenses though as in my opinion, they well .. give out too many permissions. I get
|
||
|
the people who license their code under these licenses, interested in bigger companies using their code/libraries in
|
||
|
their projects and perhaps getting some contributions from these companies back into your codebase, improving your
|
||
|
project, I feel like it's too much of a threat to open-source. The thing is, if we didn't use any permissive licenses
|
||
|
and instead only used strong copy-left everywhere, these companies with their proprietary code-bases would either need
|
||
|
to write and maintain everything from scratch, which would be near impossible even for really big companies, or simply
|
||
|
be forced into also using these copy-left licenses and make their code open, which would be, at least in my opinion, a
|
||
|
really nice thing, as it would allow us to make derivatives of those works because of these freedom respecting
|
||
|
copy-left licenses, allowing us to make alternative versions to basically all software out there that's completely for
|
||
|
free and without any telemetry at all. Of course, this is quite unrealistic to actually happen anytime soon, but if you
|
||
|
think it's a nice idea, you can at least do a little bit by keeping your code copy-left licensed.
|
||
|
|
||
|
Then again, this is purely my stance on this and you should make up your own mind and decide what works best for you,
|
||
|
I'm not here to force my opinion on anyone, but I did want to express why I feel the way I feel about permissive
|
||
|
licenses and what I like using, in hopes that someone will perhaps not have considered these arguments and may be
|
||
|
persuaded to also use copy-left and expand the open-source community by it, but again, I wouldn't want to force that on
|
||
|
anyone, it's your work and you can license it any way you want.
|