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- Copyright - creative works: writings, songs, movies, and source code
- Patents - inventions of products and processes
- Trademarks - company and product branding
- Patents and trademarks affect software, but "open-source" is primarily concerned with copyright
- The main ideas are standardized by international treaty, but may be subject to national variations
- If it really matters to you, hire a lawyer
- Works receive automatic copyright, without registration or submitting a reference copy
- Copying a copywritten work is generally prohibited
- Exceptions exist for "fair use", such as criticism, comment, news reporting, teaching, scholarship, and research
- To legally copy a work, you need permission from the author or current copyright holder
- Early (1950s - '60s) software was bundled as source code with hardware purchases and wasn't seen as having its own value
- Fixes and improvements were freely exchanged, especially among universities
- By 1970, companies began to recognize the cost of developing software and start restricting free redistribution
- By the late '70s, Berkeley University publishes their first free "Software Distribution" to install on AT&T Unix
- By 1980, distributing only compiled binaries without source became more common
- Through the 80's, tensions grew between AT&T and Berkeley, until the BSD project finally announced that buying AT&T Unix was unnecessary. Then the lawsuits started...
- Growing frustrated with the inability to see source code and understand how systems were working leads Richard Stallman to launch the GNU Project in 1983
- Within the first few years GNU publishes the GNU Public License (GPL), and a wide collection of utilities such as emacs, and the foundations of gcc and gdb
- Open-source often talks about being "free"
- Gratis: without cost
- Libre: without restrictions
- While the software is often without cost, the origins were concerned with the growing restrictions
- Remember that copyright is automatic and forbids copying without the owner's permission
- Open-source licenses are bundled with the code, and give you automatic permission to use it, if you agree to the terms
- If you violate the license terms, or the license is found to be invalid, you fall back to the default ban on copying
- This legal theory is known as "copyleft", where copyright law is used against itself. This has been tested in court, and generally found to be solid.
- "Permissive" - BSD, MIT, Apache. These impose very light restrictions on your use, such as preserving or acknowledging the original license and authorship
- "Strong Copyleft" - mainly GPL. These believe in a very strong sense of community, and that if you take the source code, modify it, and ship a new app, you MUST share your source code changes
- There are dozens of licenses, each have slight variations on your rights and restrictions. Be careful of what those are and how they combine with other open software
- Strongly consider staying with one of the major licenses if you decide to publish your code as open-source
- Creative Commons for a similar open approach to media and text
- The rise of business source licenses in response to cloud providers