Closed. This question does not meet Stack Overflow guidelines. It is not currently accepting answers.
This question does not appear to be about programming within the scope defined in the help center.
Closed 7 years ago.
Improve this question
I've got a commercial SaaS application, an online collaboration/lean project mgmt tool. I want to offer a "Community Edition", with specific limitations on how the software can be used, for free. For example
free for groups using it to manage open source projects
free to K-12 teachers to use in the classroom
free for authors collaborating on Lean/Kanban/AgileSoftwareDevelopment books and research papers.
free for community conference organizers, user group organizers, etc.
The license would grant use of the software with limitations. The software itself can enforce limitations on the number of users/projects. I'm looking for a license agreement / EULA that I can use to specify what uses the software can be used for (see above). It would restrict the users from using it in different ways, such as for commercial use, managing consulting projects, client work, etc.
I've been combing the web for good examples of such agreements, and so far coming up short. Any ideas? To be clear, this would not be an open source license of any kind. It would cover the use of commercial software, for specific "community" uses, as we define them.
I'd pay a lawyer and have him write up the EULA.
You'll forget something, or have some sort of loophole you won't notice.
It's always best to ask for legal advice from a lawyer.
You could do worse than start with a terms of service document. Some companies and products have put their TOS under the Creative Commons license, so you would be free to use that to get started. You could have a look at the one from Wordpress for instance.
Have a look at how Atlassian or JetBrains do it. They offer Jira instances/IntellijIDEA licenses for open source projects and project committers and have been doing so for a long time with great success.
If you start without a fully prepared license agreement, at least do not forget to state that the license is subject to change at any time and the user agrees to any future change or has to stop using the service immediately.
Related
Closed. This question does not meet Stack Overflow guidelines. It is not currently accepting answers.
This question does not appear to be about programming within the scope defined in the help center.
Closed 7 years ago.
Improve this question
Background:
This question caused me some sleepless nights over the last month. I'm an independent software developer and have recently finished the work on my first application. I've read a lot of articles about license agreements but I still don't know how to tackle this task in an appropriate way. My application handles user files. In every method I check for consistency & errors and I've betatested it on several systems for more than 6 months. I'm very sure nothing should go wrong, but I want to be on the save side.
Are license agreements by themselves protected by a copyright or can
I just take one and replace the companies name? (All of them look pretty similar to my untrained eyes)
If I'm allowed to use one, am I allowed to edit it?
I don't want my users to be "kept in a cage". I want them to be as free as they could be. For example I want them to be able to freely install my software on all their personal devices.
Where can I find non-Opensource licenses*? I've been searching for a
long time now. I found this Page but it actually confused me more than it helped.
I plan on publishing my app on the Mac-AppStore. Are there licenses
I can't use there?
(As I mentioned above I want a "User License" model that allows the user to install it on all of his Macs)
If you've got any kind of experience with this topic, feel free to share your insights. It's well appreciated!
*Edit: By "non-Opensource licenses" I mean licenses for commercial applications.
1.
You are free to take an existing agreement you find and adapt it to your ends. There is no originality of expression in a licensing agreement itself that would be covered under copyright law preventing your use of its language -- assuming the language fits your circumstances. You should always understand what you're agreeing to. :-)
P.S. Authority: I've worked with large law firms for 20 years as a software developer, licensing my software to them and also consulting with some of them when they had to write contracts for their own clients and didn't undertand the technical issues.
Closed. This question does not meet Stack Overflow guidelines. It is not currently accepting answers.
This question does not appear to be about programming within the scope defined in the help center.
Closed 7 years ago.
Improve this question
I didn't see any license information on top of a web page's source code. Now I'd like to copy/paste a javascript code to emulate the behaviour of AJAX into my software.
But can I do this?
At least in the United States, every work is automatically granted copyright protection of its owner, regardless of any copyright declaration or licensing information. You can only be granted rights to use or re-use works under the explicit grant of permissions by copyright owners.
If there's no license on the files, then you have no right to re-use them in your own projects. You're free to email them and ask politely, or search around and see if those tools are freely available elsewhere (and the site where you found them stripped off the documenting headers), or to take inspiration from their site and try to replicate it yourself.
There's enough excellent libraries out there (jQuery and prototype.js come to mind immediately) with enough amazing functionality that you ought to be able to build something cool on your own, in case the owners of the site you found don't want to share their code.
No. Unless you have a license, you don't have a license.
Take a book, it might not be written "You allowed to read it and make a short citation. You should not print copies of it and give it away to people. Neither are you allowed to upload it on piratebay". However, usually you are not allowed to do it.
In most countries, software is covered by copyright as books and other things.
Closed. This question does not meet Stack Overflow guidelines. It is not currently accepting answers.
This question does not appear to be about programming within the scope defined in the help center.
Closed 8 years ago.
Improve this question
I am starting an opensource project.
I want to allow the following:
Free for noncommercial use, bins and source mods, like with the GPL, but I would like to retain commercial rights for myself, and provide another license for commercial use for customers who prefer that option.
The number of licensing options seem a bit overwhelming. So my question is:
Which opensource license should I
use?
Which commercial license should I
use, if there are any standard ones
available? Or should I come up with
my own one here?
There is no problem with dual-licensing. GPL is fine for the noncommercial variant, and is widely accepted.
With the commercial one, I do not know of any standard ones. I would recommend you write one, that really suits your needs.
There is Hanselminutes Podcast on licenses here: Open Source Software Licensing with Jonathan Zuck of ACT Online. Towards the end they talk about the dual licensing of the MySQL database.
There is also a transscript of the podcast as PDF, have a look at the end of the first column on page 7.
No open source license (as defined by the Open Source Initiative) will forbid commercial use of software. You can use a version of the GPL to disallow taking your software proprietary; companies could still use it internally, or distribute it for their own purposes, but they couldn't package it up and sell it as normal shrinkwrap software. Don't use a license like Boost or BSD, as they allow unlimited commercial usage with no restrictions.
You should decide what commercial use you want to allow, and that will depend heavily on the software and what people might want to use it for.
Closed. This question does not meet Stack Overflow guidelines. It is not currently accepting answers.
This question does not appear to be about programming within the scope defined in the help center.
Closed 8 years ago.
Improve this question
I am going to development a product related to security. It's my personal belief that any security related product should release it's source code for review. However, I also want to sell it as a commercial product and keep the code ownership to myself and don't expect deviated work.
Is there a software license for this purpose? Thanks.
The Microsoft Reference Source License comes to mind for this kind of requirement.
Ordinary copyright law should do this - if you don't grant a license to anyone, then people can read your code if you publish it, but you retain all rights to it.
I would agree with you with respect to review, but that doesn't mean that it needs to be published in the public domain. You could make it available upon request but require that anyone obtaining it (a) not disclose the code itself to another and (b) not use the code to develop a product in competition with yours. Get a lawyer to fine-tune the language. In this way, you can have your code available for inspection and verification but retain some reasonable assurance that it won't simply be copied by unscrupulous competitors -- or, at least, have a more solid case in the event that it is used without your consent.
Yes, it's called copyright + non-disclosure agreement.
Closed. This question does not meet Stack Overflow guidelines. It is not currently accepting answers.
This question does not appear to be about programming within the scope defined in the help center.
Closed 7 years ago.
Improve this question
I have written a project for my students organization. I would like to share it between many organizations and I want them to use it for free. So I thought that releasing the project on GPL licence (or other silimar). However I don't want that somebody use this project for commercial purpose for free. How should I license this project? Is there any license that is suitable for that? Or should I release two copies of my project on different licences?
You should consult a lawyer to get good legal advice.
However, that being said, GPL is a very common license for this type of scenario. It doesn't, explicitly, restrict commercial use, but it does require that any distribution include full source and full distribution rights under the GPL. This effectively excludes commercial use.
For commercial purposes, you can easily negotiate distribution under a second license, even one specific to that company.
My company has licensed software written at universities and distributed publicly under GPL in exactly this manner.
I Am Not A Lawyer. If its an app that runs over a network, such as a web app, you should also consider the AGPL since the GPL will not prevent people from running the application over a network and then refusing to release their modifications to people who use the application (over the network).
You should probably license your project with 2 different licenses: a free software license and a commercial license.
I remember a nice article about how to choose a free software license depending on your goals.
In any case, consult a lawyer.
If you release under the GPL, no-one can use your code unless their project is also GPL-licensed.
Technically, if you forbid commercial use, your software is not "Free Software". There are several "nonfree" licenses that do what you ask, there is a list at the FSF website, e,g. the University of Utah Public License. Note the harsh criticism that the Free Software Foundation has for this nonfree license.