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Fix syntactical mistakes
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@ -5,11 +5,11 @@ 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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they really important to know about and to know which one you like the most. Choosing a wrong license for your projects
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may lead to your code being used by others in ways you don't like and depending on the license you chose, you may not
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even have a way to really do anything about it. It is also important so that you personally won't misuse any code.
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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 do with
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the code of others.
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## Why are licenses important
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@ -58,33 +58,25 @@ differently from your original code, but still uses a lot of the original code-b
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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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The main point of this type of licenses is that they require all projects using work that's licensed under them to also
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use that same copy-left license. This is called propagating the 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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it can be a pretty involved process. However be careful with this as even though one license may have a clause allowing
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you 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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Usually, if your project is compilable into a single executable file (or multiple executables) copy-left licenses can
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require shipping the license and the entire source-code (or at least the parts covered by this license), or at least a
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link to a website on which this source-code is hosted along with that executable. This ensures that there is no way the
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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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@ -97,24 +89,24 @@ What's perhaps a bit unintuitive though is the fact that it actually is possible
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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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the license allows them to do that. Another way to keep a copy-left licensed code private would be to just use it
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personally, because the code is available to you when you made the executable, you're following the license and yet
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you've just made a private copy-left licensed code, though that's only the case as long as you don't distribute it, or
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if you do, as long as that person doesn't decide to release it publicly, as the license shipped with that software
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allows them to do that. Although there are actually some licenses which prohibit even something like this, those
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requirements make these licenses really hard to follow so there aren't that many people actually using them.
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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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The most popular copy-left license is the GNU General Public License version 3 (GPL v3), but version 2 is also still
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quite popular. 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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permissive licenses do allow almost any form of sublicensing.
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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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@ -125,12 +117,14 @@ This means that permissive licenses give others a lot more freedom because they
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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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to show what the code is actually doing at all. And since the code is now closed-sourced they could even decide to add
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all kinds of trackers constantly sending everything you do with that software to them and perhaps even some nefarious
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things, such as integrating a full-blown crypto-currency miner that's running in the background at all times while
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you're using this project.
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Things like these are unavoidable with a license allowing this much freedom, and even though it may require the project
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to follow some guidelines, they usually aren't that strict and if it's just mentioning the source, this mention can
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easily be lost along with thousands 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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@ -165,26 +159,26 @@ The most notable public domain license is the "Unlicense" license.
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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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also I wanted to describe the permissive licenses before getting to the definition of these subcategories as it does
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rely 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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In other words, the "weak" copy-left licenses are those where there are exceptions to inheriting a copy-left and there
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can therefore be some derivative works made which won't actually fall under the copy-left guidelines of that license.
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For these derivatives, the license actually becomes permissive and they can be sublicensed, and even become closed. As
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opposed to "strong" copy-left licenses, which don't carry any exceptions like these and every single derivative work,
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no matter how little of the original project's code was used, or in what manner it was used, will inherit the copy-left
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and will be forced to be 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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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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@ -223,8 +217,8 @@ licenses weren't yet tested in court.
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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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It is important to understand how exactly the software licenses actually work. How does simply having a text file with
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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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@ -241,18 +235,18 @@ permission allowing you to use the copyrighted work, which puts you in violation
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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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If you live in one of the copyright-respecting countries, you'll just need to learn how they handle copyright
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violations. It may be the case that before any legal case can be made, the author must send you a copyright violation
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letter (so called: `ciese and desist letter`). However if your country doesn't require that, you may simply find
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yourself facing a lawsuit for copyright 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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As you can see, you can't actually "violate" a software 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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software 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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"violated", but what's really meant by that is that since you didn't meet the conditions of that license, hence you're
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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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@ -265,8 +259,8 @@ the moment, all of the contributors to such projects are actually breaking the c
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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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bit scary, and it would certainly discourage many people from not just contributing, but possibly also using this
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project at all.
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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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@ -285,33 +279,34 @@ license, you immediately loose the right to use any copy-left licensed code (unl
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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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You as the author of that project do 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
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don't really have any other terms that would make things more complicated apart from just a simple mention, even if
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that's just done by the package manager in the project's dependencies. However it may not always be the case, and for
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those cases, you may need to do something special apart from/other than just a mention like this to fulfill that
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license, and if you aren't willing to do that, you simply can't use that project.
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usage of said code/mention it's copyright holder/mention the original source repository/...
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In vast majority of cases, if you're using a packaging system (such as pip for python, npm for node, cargo for rust,
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...) these will create dependency listings, which will often fulfill the requirement and it's possible to get it's
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source url because of that package manager. Luckily, most libraries are generously licensed under weak copy-left or
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permissive licenses, and they don't really have any other terms that would make things more complicated apart from just
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a simple mention, even if that's just done by the package manager in the project's dependencies. However it may not
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always be the case, and for those cases, you may need to do something special apart from/other than just a mention like
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this to fulfill that license, and if you aren't willing to do that, you simply can't use that project.
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Even if you're licensed under a copy-left license and you're using some copy-left repositories code licensed under the
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exact same license, just sharing the license may not be enough to fulfill it's terms, in fact in most of the cases it
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exact same license, just having that license may not be enough to fulfill it's terms, in fact in most of the cases it
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won't be. You will often need to mention the original source (again, if it's a dependency, a simple listing may be
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enough for this), not make any software patents with that license, not use the project's trademark, state the changes
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from the original project, etc. So no matter if your licenses are permissive or copy-left, there may be other terms and
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you need to make sure they're followed, otherwise you may be violating that license.
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If you wanted to, or if the license of a project you're using requires it, you may want to make a file that
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explicitly mentions which parts of your codebase aren't actually licensed under the main license but instead belong to
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someone else and are licensed differently. You'll often want to include full text of that other license and then below
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(or above) the copyright holders/links to original sources/other stuff which said license requires. This can make it a
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lot easier to keep track of which parts of your code-base aren't actually covered by your main license, but are instead
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using some other license. It can also keep you from making mistakes if you wanted to change a license as you'll
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immediately see if you have some code that isn't compatible with some new license you'd like to relicense to (more in
|
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the changing license category).
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To avoid things from getting too messy, you may want to make a file that will explicitly mention which parts of your
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codebase aren't actually licensed under the main license, but instead belong to someone else and are licensed
|
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differently. In fact some licenses even require your project to have such a file. In there, you'll often want to
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include full text of that other license and then below (or above) the copyright holders/links to original sources/other
|
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stuff which said license requires. This can make it a lot easier to keep track of which parts of your code-base aren't
|
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actually covered by your main license, but are instead using some other license. It can also keep you from making
|
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mistakes if you wanted to change a license as you'll immediately see if you have some code that isn't compatible with
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some new license you'd like to relicense to (more in the changing license category).
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## Changing the license
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@ -334,39 +329,41 @@ sure.
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### The messy part
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However if you've licensed under copy-left, you will more work to do. First of all, check if you have some copy-left
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licensed dependencies/parts included in your codebase, and if you do, ensure all of them will be compatible with this
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new license (most likely they won't be as just a slight change to a copy-left license usually means it's no longer
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compatible, but there may be some compatibility clauses in your license allowing this). Note that even if the license
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you're switching to is compatible with your main project's license, it doesn't necessarily means it's also compatible
|
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with the copy-left dependencies, since they could've only been compatible with your current (old) license because of
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some compatibility clauses, which however don't also extend to your new license, even though your current license has a
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compatibility clause with it. This can sometimes get really complicated, however luckily most people usually stick to
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only a few common copy-left licenses and compatibility questions about them were already answered, just look them up.
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However if your project has multiple contributors and it's licensed as copy-left, you will have more work to do. First
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of all, check if you have some copy-left licensed dependencies/parts included in your codebase, and if you do, ensure
|
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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
|
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license usually means it's no longer compatible, but there may be some compatibility clauses in your license allowing
|
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this). Note that even if the license you're switching to is compatible with your main project's license, it doesn't
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necessarily means it's also compatible with the copy-left dependencies, since they could've only been compatible with
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your current (old) license because of some compatibility clauses, which however don't also extend to that new license,
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even though your current license has a compatibility clause with it. This can sometimes get really complicated, however
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luckily most people usually stick to only a few common copy-left licenses and compatibility questions about them were
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already answered, just look them up.
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If some of your dependencies aren't compatible though, you'll need to remove them dependencies and use something else,
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or write it yourself. Otherwise, the next step will be to check if your main project's license is compatible with the
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new one, if it is, it is completely safe to change the license, just like it would be with a permissive licensed
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project.
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If some of your dependencies aren't compatible though, you'll need to remove them and use something else, or write it
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yourself. Otherwise, the next step will be to check if your main project's license is compatible with the new one, if
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it is, it's completely safe to change the license, just like it would be with a permissive licensed project.
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However, if the main license isn't compatible, which will basically always happen if you're going from copy-left to
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permissive, but often also if you're just going to different copy-left license without an explicit compatibility
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clause, you will face some issues. If you are the sole copyright owner and all of the dependencies/code parts are
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compatible, you can just switch as an owner of that code, but that's probably not the case since you'd have stopped
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reading as I've already said that. So the other option is that you have some other contributors, which hold the
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permissive, but also if you're just going to different copy-left license without an explicit compatibility clause, you
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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 often not the case. In which case, you will 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.
|
||||
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, the other way is to get their written consent that alters their
|
||||
copyright on that work and allows you to sublicense. This can be done by either them assigning their copyright to that
|
||||
code to you completely, or by them extending their copyright to also include a different license terms being the new
|
||||
license you want to sublicense under (or some other license which allows sublicensing like that). 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 can be very difficult.
|
||||
|
||||
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
|
||||
|
@ -416,17 +413,18 @@ 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
|
||||
It is also very common for employees with a clause in their contract that states that all of the work they do while
|
||||
inside of that building/while using the companies computers/while contributing to company-owned source code/..., you as
|
||||
an owner of that creative work you made assign the copyright which you automatically gained to that company, therefore
|
||||
making it the sole owner 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 invasive, i.e. it doesn't just apply to 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
|
||||
|
|
Loading…
Reference in a new issue