Mr N.J. Hollebeek
| Organisaties | Regulering | Onderwerpen | Licenties |
| Sectoren | Casus | Publikaties | Overige |
RMS: Most programs will adopt it automatically, since they are released under "GPL version 2 or later"; however, the specific advantages that I think will appeal to many developers include: explicit compatibility with certain licenses that are not compatible with GPL v2, better handling of patents, addressing the issue of ASPs, and improving the requirements for credits
Free software is a matter of the users' freedom to run, copy, distribute, study, change and improve the software.
More precisely, it refers to four kinds of freedom, for the users of the software:
(0) The freedom to run the program, for any purpose.
(1) The freedom to study how the program works, and adapt it to your needs. Access to the source code is a precondition for this.
(2) The freedom to redistribute copies so you can help your neighbor.
(3) The freedom to improve the program, and release your improvements to the public, so that the whole community benefits. Access to the source code is a precondition for this.
Open source doesn't just mean access to the source code.
The distribution terms of open-source software must comply with the following criteria:
1. Free Redistribution
2. Source Code
3. Derived Works
4. Integrity of The Author's Source Code
5. No Discrimination Against Persons or Groups
6. No Discrimination Against Fields of Endeavor
7. Distribution of License
8. License Must Not Be Specific to a Product
9. License Must Not Restrict Other Software
10. License Must Be Technology-Neutral
Our mission ist the restoration of civil rights that have been abolished by technical means during the first stage of the information revolution
Mission:
We provide legal representation and other law related services to protect and advance Free and Open Source Software
De Kamer, gehoord de beraadslaging, constaterende dat software een cruciale rol speelt in de kennissamenleving; voorts constaterende dat de aanbodzijde van de softwaremarkt op dit moment sterk geconcentreerd is en het veranderen van leverancier vaak hoge overstapkosten met zich brengt; van mening dat dit de mededinging beperkt en de samenleving niet optimaal profiteert van de mogelijkheden die software biedt;
verzoekt de regering, zich maximaal in te zetten om hier verbetering in aan te brengen;
verzoekt voorts de regering, ervoor te zorgen dat in 2006 alle door de publieke sector gebruikte software aan open standaarden voldoet;
verzoekt voorts de regering, actief de verspreiding en ontwikkeling van software met een open broncode (open-source software) in de publieke sector te stimuleren en hiervoor concrete en ambitieuze doelstellingen te formuleren, en gaat over tot de orde van de dag
Licence compatibility
The Mozilla Project called the free software community's attention to the problem of licence compatibility. As released, the Mozilla code is said to include modules under four different licences, requiring considerable effort to ensure that the entire package doesn't become impossible to distribute due to a conflict among its licences. This may be one reason why the Mozilla Project has embarked on an effort to secure availability for as much of that code as possible under the GNU GPL.
Unfortunately, many popular licences' terms conflict, making code borrowing and composite projects a legal nightmare. For example, Galeon, a fast, lightweight, much-praised version of the Mozilla browser using the GTK+ graphics toolkit, cannot be distributed intact because of licence conflict between its MPL and GPL modules.
Baker clarified that in general a combined work should be treated as licensed under a superset of the several licences' terms (if they can be combined at all). Of course, it's legally safest to have a single firm or individual own all the relevant copyrights, if that can be arranged
In its simplest form a metalicense is a license that permits code to be used under any of the licenses in a list. A more complex form may include a set of additional requirements and provisions
Copyleft says that anyone who redistributes the software, with or without changes, must pass along the freedom to further copy and change it
So what effect has the GPL had on software development and the open source movement as a whole? It's actually had a tremendous impact
This Article is based on a revised and updated chapter from an LL.M Thesis, submitted at the University of Warwick, September 2001.
Thomas Hoeren von der Westfälischen Wilhelms-Universität in Münster nannte in seinem Vortrag "Open Source - Recht oder Chaos?" Probleme, die bei der Nutzung der General Public License (GPL), der am weitesten verbreiteten Open-Source-Lizenz, auftreten können.
"Die GPL ist von ihren Machern zu keinem Zeitpunkt als juristisches Dokument verstanden worden. Es handelt sich um ein außerrechtliches Memorandum", so der Hochschullehrer.
In einem für die Linux-Anhänger ebenso erheiternden wie provozierenden Beitrag sprach er davon, dass Richard Stallman, einer der Urheber der GPL, "antijuristisch" denke. Viele Fragen im Zusammenhang mit der GPL seien juristisch nicht lösbar, so beispielsweise, ob es sich bei der unentgeltlichen Hergabe von Software um eine Schenkung im Sinne von Paragraph 516 BGB handle. Open-Source-Software lasse sich weder dem Vertragstypus des Schenkungsrechts noch irgendeinem anderen Rechtsgebiet zuordnen.
If you cannot agree to the open-source obligations of the 1060 Public License you may purchase a commercial license
While each of the successful dynamic languages have chosen different specific licenses, it is far from accidental that none selected the more extreme GPL license used by the Linux kernel. All of the successful language communities have deliberately picked licenses that fit equally well with corporate requirements for non-viral licenses and the Free Software Foundation's goals (although clearly not the tactics, given the license differences). In general, the language communities view themselves as on the "liberal" side of the open source debate (inasmuch as any large group can be described as having a consistent opinion), and aren't compelled to pick sides on the morality of proprietary licenses. This approach has served them well, with significant successes both within the Linux and Windows communities
As my understanding, I can include those softwares, which is ( GNU GPL , Common public licence and gnu lesser license) into my commercial product. And I am free to distribute it and modify it. Am i correct?
Elke oudere versie van SpamAssassin werd uitgebracht onder twee verschillende licenties, te weten de General Public License (GPL) en de Perl Artistic License. De nieuwste versie SpamAssassin 3.0 wordt nu echter uitgebracht onder de Apache License. Deze stap is onder andere genomen omdat het ontwikkelteam van SpamAssassin wilde profiteren van de voordelen van de Apache Foundation, zoals juridische ondersteuning en technische resources. SpamAssassin is nu dan ook onderdeel van de Apache Foundation en de copyright op de code rust nu ook bij deze organisatie
GPL 2, jun-1991 | GPL 3 draft, jan-2006 |
0. Definitions | |
| [0] This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. | A "licensed program" means any program or other work distributed under this License. |
| The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".). | The "Program" refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either modified or unmodified. Throughout this license, the term "modification" includes, without limitation, translation and extension. A "covered work" means either the Program or any work based on the Program. |
| Each licensee is addressed as "you". | Each licensee is addressed as "you". |
| Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. | To "propagate" a work means doing anything with it that requires permission under applicable copyright law, other than executing it on a computer or making private modifications. This includes copying, distribution (with or without modification), sublicensing, and in some countries other activities as well. |
1. Source Code | |
| [3] The source code for a work means the preferred form of the work for making modifications to it. | The "source code" for a work means the preferred form of the work for making modifications to it. "Object code" means any non-source version of a work. |
| [3] For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. | The "Complete Corresponding Source Code" for a work in object code form means all the source code needed to understand, adapt, modify, compile, link, install, and run the work, excluding general-purpose tools used in performing those activities but which are not part of the work. For example, this includes any scripts used to control those activities, and any shared libraries and dynamically linked subprograms that the work is designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work, and interface definition files associated with the program source files. |
| Complete Corresponding Source Code also includes any encryption or authorization codes necessary to install and/or execute the source code of the work, perhaps modified by you, in the recommended or principal context of use, such that its functioning in all circumstances is identical to that of the work, except as altered by your modifications. It also includes any decryption codes necessary to access or unseal the work's output. Notwithstanding this, a code need be included in cases where use of the work normally implies the user already has it. | |
| Complete Corresponding Source Code need not include anything that users can regenerate automatically from other parts of the Complete Corresponding Source Code. | |
| [3] However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. | As a special exception, the source code distributed need not include a particular subunit if (a) the identical subunit is normally included as an adjunct in the distribution of either a major essential component (kernel, window system, and so on) of the operating system on which the executable runs or a compiler used to produce the executable or an object code interpreter used to run it, and (b) the subunit (aside from possible incidental extensions) serves only to enable use of the work with that system component or compiler or interpreter, or to implement a widely used or standard interface, the implemention of which requires no patent license not already generally available for software under this License. |
2. Basic Permissions | |
| [0] The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. | All rights granted under this license are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the Program. The output from running it is covered by this License only if the output, given its content, constitutes a work based on the Program. This License acknowledges your rights of "fair use" or other equivalent, as provided by copyright law. |
| This License gives unlimited permission to privately modify and run the Program, provided you do not bring suit for patent infringement against anyone for making, using or distributing their own works based on the Program. | |
| Propagation of covered works is permitted without limitation provided it does not enable parties other than you to make or receive copies. Propagation which does enable them to do so is permitted, as "distribution", under the conditions of sections 4-6 below. | |
3. Digital Restrictions Management | |
| As a free software license, this License intrinsically disfavors technical attempts to restrict users' freedom to copy, modify, and share copyrighted works. Each of its provisions shall be interpreted in light of this specific declaration of the licensor's intent. Regardless of any other provision of this license, no permission is given to distribute covered works that illegally invade users' privacy, nor for modes of distribution that deny users that run covered works the full exercise of the legal rights granted by this License. | |
| No covered work constitutes part of an effective technological protection measure: that is to say, distribution of a covered work as part of a system to generate or access certain data constitutes general permission at least for development, distribution and use, under this License, of other software capable of accessing the same data. | |
4. Verbatim Copying | |
| [1] You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. | You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all license notices and notices of the absence of any warranty; give all recipients of the Program a copy of this License along with the Program; and obey any additional terms present on parts of the Program in accord with section 7. |
| You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. | You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection for a fee. |
5. Distributing Modified Source Versions | |
| [2] You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: | Having modified a copy of the Program under the conditions of section 2, thus forming a work based on the Program, you may copy and distribute such modifications or work in the form of source code under the terms of Section 4 above, provided that you also meet all of these conditions: |
| a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. | a) The modified work must carry prominent notices stating that you changed the work and the date of any change. |
| b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. | b) You must license the entire work based on the Program, as a whole, under this License to anyone who comes into possession of a copy. This License must apply, unmodified except as permitted by section 7 below, to the whole of the work. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it. |
| c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) | c) If the modified program has interactive user interfaces, each must include a convenient feature that displays an appropriate copyright notice, and tells the user that there is no warranty for the program (or that you provide a warranty), that users may redistribute the program under these conditions, and how to view a copy of this License, plus the central list (if any) of other terms in accord with section 7. If the interface presents a list of user commands or options, such as a menu, a command to display this information must be prominent in the list. Otherwise, the modified program must display this information at startup--except in the case that the Program has such such interactive modes and does not display this information at startup. |
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These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program | These requirements apply to the modified work as a whole. If identifiable sections of that work, added by you, are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works for use not in combination with the Program. But when you distribute the same sections for use in combination with covered works, no matter in what form such combination occurs, the whole of the combination must be licensed under this License, whose permissions for other licensees extend to the entire whole, and thus to every part of the whole. Your sections may carry other terms as part of this combination in limited ways, described in section 7. Thus, it is not the intent of this sets to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. |
| In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License | A compilation of a covered work with other separate and independent documents or works, which are not by their nature extensions of the covered work, in or on a volume of a storage or distribution medium, is called an "aggregate" if the copyright resulting from the compilation is not used to limit the legal rights of the compilation's users beyond what the individual works permit. Mere inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate. |
6. Non-Source Distribution | |
| [3] You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: | You may copy and distribute a covered work in Object Code form under the terms of Sections 4 and 5, provided that you also distribute the machine-readable Complete Corresponding Source Code (herein the "Corresponding Source") under the terms of this License, in one of these ways: |
| a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, | a) Distribute the Object Code in a physical product (including a physical distribution medium), accompanied by the Corresponding Source distributed on a durable physical medium customarily used for software interchange; or, |
| b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, | b) Distribute the Object Code in a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give any third party, for a price no more than ten times your cost of physically performing source distribution, a copy of the Corresponding Source, on a durable physical medium customarily used for software interchange; or, |
| c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) | c) Privately distribute the Object Code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only for occasional noncommercial distribution, and only if you received the Object Code with such an offer, in accord with Subsection b above. Or, |
| If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code | d) Distribute the Object Code by offering access to copy it from a designated place, and offer equivalent access to copy the Corresponding Source in the same way through the same place. You need not require recipients to copy the Corresponding Source along with the Object Code. |
| [If the place to copy the Object Code is a network server, the Corresponding Source may be on a different server that supports equivalent copying facilities, provided you have explicitly arranged with the operator of that server to keep the Corresponding Source available for as long as needed to satisfy these requirements, and provided you maintain clear directions next to the Object Code saying where to find the Corresponding Source.] | |
| Distribution of the Corresponding Source in accord with this section must be in a format that is publicly documented, unencumbered by patents, and must require no special password or key for unpacking, reading or copying. | |
| The Corresponding Source may include portions which do not formally state this License as their license, but qualify under section 7 for inclusion in a work under this License. | |
7. License Compatibility | |
| When you release a work based on the Program, you may include your own terms covering added parts for which you have, or can give, appropriate copyright permission, as long as those terms clearly permit all the activities that this License permits, or permit usage or relicensing under this License. Your terms may be written separately or may be this License plus additional written permission. If you so license your own added parts, those parts may be used separately under your terms, but the entire work remains under this License. Those who copy the work, or works based on it, must preserve your terms just as they must preserve this License, as long as any substantial portion of the parts they apply to are present. | |
| Aside from additional permissions, your terms may add limited kinds of additional requirements on your added parts, as follows: a) They may require the preservation of certain copyright notices, other legal notices, and/or author attributions, and may require that the origin of the parts it covers not be misrepresented, and/or that altered versions of them be marked in the source code, or marked there in specific reasonable ways, as different from the original version. b) They may state a disclaimer of warranty and liability in terms different from those used in this License. c) They may prohibit or limit the use for publicity purposes of specified names of contributors, and it may require that certain specified trademarks be used for publicity purposes only in the ways that are fair use under trademark law except with express permission. d) They may require that the program contain functioning facilities that allow users to obtain copies of the program's Complete Corresponding Source Code. e) They may impose software patent retaliation, which means permission for use of your added parts terminates or may be terminated, wholly or partially, under stated conditions, for users closely related to any party that has filed a software patent lawsuit (i.e., a lawsuit alleging that some software infringes a patent). The conditions must limit retaliation to a subset of these two cases: 1. Lawsuits that lack the justification of retaliating against other software patent lawsuits that lack such justification. 2. Lawsuits that target part of this work, or other code that was elsewhere released together with the parts you added, the whole being under the terms used here for those parts. | |
| No other additional conditions are permitted in your terms; therefore, no other conditions can be present on any work that uses this License. This License does not attempt to enforce your terms, or assert that they are valid or enforceable by you; it simply does not prohibit you from employing them. | |
| When others modify the work, if they modify your parts of it, they may release such parts of their versions under this License without additional permissions, by including notice to that effect, or by deleting the notice that gives specific permissions in addition to this License. Then any broader permissions granted by your terms which are not granted by this License will not apply to their modifications, or to the modified versions of your parts resulting from their modifications. However, the specific requirements of your terms will still apply to whatever was derived from your added parts. | |
| Unless the work also permits distribution under a previous version of this License, all the other terms included in the work under this section must be listed, together, in a central list in the work. | |
8. Termination | |
| [4] You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. | You may not propagate, modify or sublicense the Program except as expressly provided under this License. Any attempt otherwise to propagate, modify or sublicense the Program is void, and any copyright holder may terminate your rights under this License at any time after having notified you of the violation by any reasonable means within 60 days. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as they remain in full compliance. |
9. Not a Contract | |
| [5] You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. | You are not required to accept this License in order to receive a copy of the Program. However, nothing else grants you permission to propagate or modify the Program or any covered works. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating the Program (or any covered work), you indicate your acceptance of this License to do so, and all its terms and conditions. |
10. Automatic Licensing of Downstream Users | |
| [6] Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. | Each time you redistribute a covered work, the recipient automatically receives a license from the original licensors, to propagate and modify that work, subject to this License, including any additional terms introduced throughon 7. You may not impose any further restrictions on the recipients' exercise of the rights thus granted or affirmed, except (when modifying the work) in the limited ways permitted by section 7. You are not responsible for enforcing compliance by third parties to this License. |
11. Licensing of Patents | |
| When you distribute a covered work, you grant a patent license to the recipient, and to anyone that receives any version of the work, permitting, for any and all versions of the covered work, all activities allowed or contemplated by this license, such as installing, running and distributing versions of the work, and using their output. This patent license is nonexclusive, royalty-free and worldwide, and covers all patent claims you control or have the right to sublicense, at the time you distribute the covered work or in the future, that would be infringed or violated by the covered work or any reasonably contemplated use of the covered work. | |
| If you distribute a covered work knowingly relying on a patent license, you must act to shield downstream users against the possible patent infringement claims from which your license protects you. | |
12. Liberty or Death for the Program | |
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[7] If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. | If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute the Program, or other covered work, so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute it at all. For example, if a patent license would not permit royalty-free redistribution by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution. |
| If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. | |
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It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. | It is not the purpose of this section to induce you to infringe any patents or other exclusive rights or to contest their legal validity. The sole purpose of this section is to protect the integrity of the free software distribution system. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. |
| This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License | |
13. Geographical Limitations | |
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[8] If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. | If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. |
14. Revised Versions of this License | |
| [9] The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. | The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. |
| Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. | Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of this License "or any later version" applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. |
15. Requesting Exceptions | |
| [10] If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. | If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. |
| NO WARRANTY | NO WARRANTY |
| [11] BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION | 16. There is no warranty for the Program, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the Program "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Program is with you. Should the Program prove defective, you assume the cost of all necessary servicing, repair or correction. |
| [12] IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES | 17. In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the Program as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the Program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages. |
| 18. Unless specifically stated, this software has not been tested for use in safety critical systems. | |
| Sterk copyleft | Beperkt copyleft | Non copyleft | Non OSI |
| Verspreiding van afgeleide werken dient te gebeuren inclusief de broncode en met dezelfde open source licentie | Verspreiding van afgeleide werken dient te gebeuren met dezelfde open source licentie maar er zijn uitzonderingen voor gescheiden gehouden onderdelen | Er is geen verplichting om afgeleide werken te verspreiden met dezelfde open source licentie | De licentie voldoet niet aan de criteria van het Open Source Initiative |
|
Common PL General PL IBM PL |
Artistic L Lesser GPL Mozilla PL Nokia L SUN CSL SUN ISLL |
Academic FL Apache L BSD MIT L Python L Zlib |
This license is a modified version of the GNU General Public License copyright (C) 1989, 1991 Free Software Foundation, Inc. made with their permission. Section 2(d) has been added to cover use of software over a computer network
This is a Free Software License
This license is compatible with The GNU General Public License, Version 1
This license is compatible with The GNU General Public License, Version 2
This is the BSD license without the obnoxious advertising clause.
It's also known as the "modified BSD license." Note that the University of California now prefers this license to the BSD license with advertising clause, and now allows BSD itself to be used under the three-clause license
Conforming Software: BitKeeper Software that:
(i) passes all of the current, unmodified, regression tests for the BitKeeper Software;
(ii) performs all licensing functions, such as Open Logging, identically to the current version of the BitKeeper Software as distributed by BitMover, Inc
The current version of this license is included with each release of BitKeeper and may be viewed by running: "bk help bkl" after installation of the product
The XFree86 Project is committed to providing freely redistributable binary and source releases. The main licence we use is derived from the traditional Massachusetts Institute of Technology (MIT) X11/X Consortium licence, the Berkely Standard Distribution (BSD) license, and the Apache 1.1 licence.
The XFree86 Project's licence does not impose any conditions on the modification or redistribution of the source code or binaries other than requiring that copyright and/or licence notices are left intact, and that due credit is given
Subject to the exception provided below, and with the intent that developers, users and distributors of Open Source Software rely on our promise, IBM hereby commits not to assert any of the 500 U.S. patents listed above, as well as all counterparts of these patents issued in other countries against the development, use or distribution of Open Source Software
In order to foster innovation and avoid the possibility that a party will take advantage of this
pledge and then assert patents or other intellectual property rights of its own against Open Source
Software, thereby limiting the freedom of IBM or any other Open Source Software developer to
create innovative software programs, or the freedom of others to distribute and use Open Source
Software, the commitment not to assert any of these 500 U.S. patents and all counterparts of
these patents issued in other countries is irrevocable except that IBM reserves the right to
terminate this patent pledge and commitment only with regard to any party who files a lawsuit
asserting patents or other intellectual property rights against Open Source Software
Op deze site vindt u een beschrijving van alle licenties die Microsoft voorstelt.
OEM-licentie (Original Equipment Manufacture)
Deze licentie ontvangt u als de software die u aankoopt vooraf werd geÄnstalleerd op uw pc.
FPP-licentie (Full Packaged Product)
Deze licentie ontvangt u als u een softwarepakket aankoopt bij een van onze erkende resellers.
Volumelicentie
Microsoft stelt bedrijven verschillende programma's ter beschikking voor de aankoop van software voor verschillende pc's.
Deze licenties, die apart van de media en de documentatie worden aangekocht, zijn voordeliger en hun rechten en kenmerken vereenvoudigen de uitrolling en het beheer in het bedrijf
Veiligheid
Gebleken is dat veiligheid door geslotenheid niet werkt. Hackers zullen gaten vinden in een systeem zowel bij gesloten als open software. Juist door de algemene beschikbaarheid van de broncode worden beveiligingsproblemen in alle openbaarheid gevonden en opgelost. Sommige experts zeggen daarom dat open source software juist veiliger is, omdat een grote groepontwikkelaars naar de code kijkt en hierdoor fouten en veiligheidslekken eerder kunnen herkennen. Meer ogen zorgen in hun visie voor een betere code. Andere experts zeggen daarentegen dat het open karakter er voor zorgt dat veiligheidslekken makkelijker gevonden worden en exploiteerbaar zijn. Er is zowel veilige als niet veilige open source software. Hetzelfde geldt voor gesloten source software. Hier is dan ook geen verschil in, behalve het feit dat men bij open source software beschikt over de broncode van de programmatuur. Indien nodig kan men de gehele code "doorspitten" om gaten te voorkomen. Het doel van OSS in het onderwijs is gebruikers in staat te stellen een keuze te maken die past bij de behoefte
Het is lastig om een opsomming te geven van voor- en nadelen van open source software. Evenals bij closed source zie je bij open source programma's een breed scala van producten die in kwaliteit en volwassenheid verschillen. Over het algemeen worden als pluspunten van open source gezien:
• Ontbreken van licentiekosten
• Te grote afhankelijkheid van leveranciers wordt vermeden
• Aanpassingen in programma zijn naar eigen wens mogelijk
• Open Source programma's maken meestal gebruik van open standaarden
• Bij open source programma's is het mogelijk om zelf de broncode op veiligheid te checken
• Nieuwe ontwikkelingen komen weer ten goede aan de gemeenschap en de ontwikkelingssnelheid is hoog.
Wat zijn de nadelen:
• Een veelgehoorde klacht is dat open source programma's moeilijk te vinden zijn
• Bij veel programma's moet het installatiegemak en de documentatie nog verbeterd worden
• De eindgebruiker zal vaak zelf een actieve rol moeten spelen in het vinden van partijen voor ondersteuning of aanpassingen
• Bij problemen kun je geen producent/verkoper aansprakelijk stellen.
Concluderend is de ervaring dat open source software producten binnen de context van onderwijs en wetenschap, zeer interessante alternatieven bieden voor commerciële producten. De afweging dient echter op basis van zakelijke argumenten gemaakt te worden en dient genuanceerd te zijn
De Nederlandse overheid publiceert de broncode van de software voor kiezen op afstand. Onderzoekers kunnen de werking van de software voor 'stemmmen via internet' bekijken en eventuele fouten signaleren
The Java server maker is arguing that significant JBoss code has made its way into an Apache server project, but says it is not planning a SCO-style solution
Weer een bevestiging van de HR betreffende het nemo-plus beginsel. De rechtsopvolger is ook gehouden aan een vaststellingsovereenkomst tussen haar rechtsvoorganger en een derde. In dit geval ging het om de exploitatierechten van een computerprogramma (FDS). De ontwikkelaar had alle rechten met betrekking tot het programma overgedragen, maar later middels een vaststellingsovereenkomst laten vastleggen dat zij, in strijd met een anti-concurrentie beding, een gelijksoortig, nieuw ontwikkeld programma mocht exploiteren. De huidige eigenaar/exploitant van FDS is ook gehouden aan deze vaststellingsovereenkomst tussen haar rechtsvoorganger en de ontwikkelaar
The spread of the Linux operating system kernel has directed attention at the free software movement.
This paper shows why free software, far from being a marginal participant in the commercial software market,
is the vital first step in the withering away of the intellectual property system
This Article deconstructs code using case studies and shows that code is not neutral and apolitical but instead embodies the values and motivations of the institutions and actors building it. The term "code," as we use it, consists of the hardware and software components of information technologies. Code is increasingly being sought as a regulatory mechanism in conjunction with or as an alternative to law for addressing societal concerns such as crime, privacy, intellectual property protection, and the revitalization of democratic discourse
The Linux kernel is provided packaged together with a set of supporting programs and applications by a number of companies such as Red Hat, SuSE and Mandrake as a Distribution. The contents of a Distribution should interwork, and the kernel may well be patched with changes not available with other Distributions. The choice of Distribution must therefore be considered, as each has its strengths and weaknesses.
There are other Distributions such as Debian and Gentoo which are not prepared by a commercial organisation and this has implications for the way in which support is provided. Support for these distributions comes either from third parties or from access to mailing lists on the Internet. Both of these can provide acceptable levels of cover
Das internationale Immaterialgüterrecht (Urheber-, Patent und Markenrecht) ist eine hoch komplizierte Angelegenheit. Für den Vertrieb von Software übers Internet könnte es bedeuten, dass der Anbieter alle Rechtsordnungen der Erde beachten müsste - eine praktisch unlösbare Aufgabe
This Policy and Strategy was adopted by the Information Services Committee on 26-Feb-03. It applies to all Open Source software, but has special relevance to office-productivity software (eg word processor, spreadsheet, email, Web browser). The basic juxtaposition is between Open Source software and Proprietary software (though Microsoft (MS) software is often used as a proxy for the latter)
[...] en maakt het ontwikkelingsmodel mogelijk, waarbij door een zeer groot aantal, geografisch verspreide programmeurs voortdurend verbeteringen en nieuwe mogelijkheden worden voorgesteld en uitgewerkt. Na verloop van tijd wordt deze ontwikkeling stop gezet en een stabiele versie uitgegeven voor de gebruikers. Deze versie heeft een even volgnummer, in juni '96 werd versie 2.0 uitgegeven, hier zijn sindsdien nog kleine veranderingen ('patches') aan toegevoegd (de laatste versie in augustus '98 is 2.0.35). Tegelijk gaat de ontwikkeling verder. Deze 'ontwikkelingsversies' worden doorlopend genummerd met een oneven basisgetal (nu: 2.1). Op dit moment (september 1998) staat de teller op 2.1.122. De ontwikkelingsversies volgen elkaar snel op, totdat besloten wordt weer een stabiele versie uit te geven. In het najaar van 1998 zal naar verwachting de stabiele versie 2.2 worden uitgebracht. Eén van de belangrijke toevoegingen is de verbeterde ondersteuning van systemen met meer dan vier processoren (SMP, "Symmetrical Multi-Processing").
De doorsnee gebruiker zou het spoor gemakkelijk kunnen kwijtraken in de enorme verzameling van Linux programmatuur die beschikbaar is via het Internet. Bovendien is het verzamelen en evalueren van die programma's een tijdrovende bezigheid. Om hieraan tegemoet te komen worden door een aantal bedrijven en organisaties zogenaamde 'distributies' uitgegeven op CD-ROM, meestal met een handleiding. Dit proces wordt "packaging" genoemd
This thesis reviews the novel licences employed by open source developers. The paper examines how the success of the open source Linux operating system has led to conflict with traditional closed source software firms through the case study of SCO v. IBM, currently before the United States Federal District Court. Apart from exposing weaknesses in open source licensing, the case highlights the need to consider the intellectual property laws governing inputs into software development. The thesis further explores future intellectual property legislation that may forestall open collaboration. It is argued that proponents of such development methods must engage in policy discussions to limit the exclusionary authority of intellectual property licensors, by ensuring broad user rights to protected works
In case you think the GPL is a bogus license and that the FSF is a group that's funding-deprived, well, you're half right. The FSF's executive director is eager to tell you which half
Laatst gewijzigd 18 januari 2006