Meta tags:
Headings (most frequently used words):
edit, software, licenses, and, navigation, tools, license, contents, copyright, law, proprietary, free, open, source, see, also, references, external, links, menu, ownership, vs, licensing, personal, namespaces, views, search, contribute, print, export, in, other, projects, languages,
Text of the page (most frequently used words):
the (207), #software (144), and (84), #license (77), licenses (46), free (30), source (29), copyright (28), use (27), rights (27), public (26), for (26), open (25), yes (25), with (23), that (21), are (21), this (20), domain (20), proprietary (20), licensing (20), user (19), from (18), can (18), right (17), which (17), not (14), may (13), wikipedia (12), under (12), terms (12), end (11), law (11), edit (10), retrieved (10), product (10), copy (10), users (10), court (10), links (9), all (9), maintenance (9), foss (9), their (9), ownership (9), also (9), therefore (9), per (9), publisher (8), com (8), has (8), 2012 (8), but (8), one (8), european (8), often (8), about (7), non (7), more (7), articles (7), org (7), into (7), have (7), cc0 (7), owner (7), must (7), computer (7), used (7), code (7), copyleft (7), program (7), foundation (6), article (6), support (6), between (6), such (6), some (6), fsf (6), 2014 (6), downloaded (6), programs (6), games (6), like (6), any (6), licensed (6), agreement (6), grants (6), was (5), other (5), what (5), external (5), protection (5), digital (5), term (5), list (5), freeware (5), archived (5), where (5), case (5), most (5), usually (5), copies (5), cannot (5), permissive (5), gpl (5), these (5), there (5), typically (5), you (4), page (4), english (4), categories (4), wayback (4), 2020 (4), service (4), distribution (4), models (4), definition (4), way (4), even (4), rosen (4), 2004 (4), united (4), states (4), see (4), gnu (4), union (4), 2009 (4), resale (4), legal (4), legally (4), then (4), sell (4), while (4), perpetual (4), time (4), give (4), modify (4), includes (4), only (4), example (4), allows (4), two (4), many (4), does (4), customer (4), number (4), without (4), web (4), granted (4), privacy (3), additional (3), apply (3), creative (3), commons (3), pdf (3), information (3), file (3), main (3), navigation (3), december (3), 2013 (3), short (3), description (3), activation (3), restrictions (3), dongle (3), life (3), commercial (3), floating (3), various (3), july (3), machine (3), why (3), how (3), when (3), references (3), guidelines (3), opensource (3), 2016 (3), abandon (3), minimal (3), original (3), lawrence (3), voluntarily (3), abandoned (3), waived (3), they (3), act (3), general (3), debian (3), category (3), directive (3), justice (3), could (3), purchased (3), its (3), over (3), autodesk (3), github (3), contrary (3), permission (3), redistribution (3), conditions (3), instance (3), made (3), include (3), according (3), side (3), both (3), manufacturers (3), upgrade (3), sometimes (3), pack (3), year (3), licensee (3), common (3), volume (3), purchase (3), same (3), server (3), after (3), before (3), accept (3), sold (3), business (3), 117 (3), infringement (3), trade (3), secret (3), distributed (3), granting (3), copyrighted (3), developers (2), view (2), contact (2), disclaimers (2), policy (2), available (2), site (2), organization (2), wikimedia (2), inc (2), 2022 (2), simple (2), bahasa (2), projects (2), download (2), wikidata (2), permanent (2), special (2), upload (2), changes (2), tools (2), community (2), learn (2), donate (2), current (2), contents (2), search (2), talk (2), create (2), hidden (2), template (2), cleanup (2), unsourced (2), statements (2), american (2), https (2), index (2), software_license (2), key (2), manager (2), management (2), bundling (2), retail (2), shareware (2), model (2), freemium (2), different (2), types (2), 2011 (2), knol (2), google (2), appropriate (2), follow (2), policies (2), your (2), hampton (2), paramount (2), pictures (2), 279 (2), 100 (2), 9th (2), cir (2), 1960 (2), ninth (2), circuit (2), his (2), copyrights (2), takes (2), already (2), dedication (2), osd (2), argued (2), years (2), against (2), particular (2), well (2), daniel (2), bernstein (2), isn (2), march (2), project (2), usedsoft (2), ars (2), technica (2), resell (2), internet (2), exhaustion (2), need (2), gamer (2), ruled (2), favor (2), reselling (2), put (2), will (2), game (2), consumers (2), rule (2), been (2), german (2), oracle (2), purewal (2), jas (2), lawyer (2), back (2), resolved (2), steam (2), vernor (2), 2008 (2), umg (2), augusto (2), 2015 (2), difference (2), germany (2), perspective (2), finally (2), redhat (2), access (2), very (2), away (2), examples (2), unlimited (2), study (2), privately (2), requirements (2), gives (2), take (2), closed (2), mit (2), bsd (2), first (2), freedom (2), redistribute (2), modifications (2), redistributed (2), work (2), commonly (2), those (2), protective (2), who (2), regarding (2), following (2), mostly (2), government (2), another (2), level (2), technical (2), named (2), depending (2), availability (2), hours (2), incident (2), either (2), included (2), contract (2), contains (2), updates (2), major (2), called (2), update (2), buy (2), renewal (2), expired (2), client (2), etc (2), certain (2), specific (2), company (2), annual (2), base (2), form (2), remains (2), windows (2), eula (2), hence (2), typical (2), eulas (2), further (2), applications (2), video (2), proclaim (2), section (2), otherwise (2), potentially (2), constitute (2), entitled (2), good (2), warranty (2), mandatory (2), apache (2), unlicensed (2), internal (2), protected (2), liability (2), noncommercial (2), proprietization (2), jump (2), sep (2), cookie, statement, statistics, mobile, text, using, agree, registered, trademark, profit, attribution, sharealike, last, edited, october, utc, tiếng, việt, vèneto, اردو, українська, türkçe, тоҷикӣ, ไทย, தமிழ், svenska, srpskohrvatski, српскохрватски, српски, srpski, slovenščina, slovenčina, සිංහල, русский, română, português, polski, ਪੰਜਾਬੀ, 日本語, nederlands, မြန်မာဘာသာ, melayu, മലയാളം, lietuvių, ລາວ, ქართული, jawa, עברית, italiano, íslenska, indonesia, hrvatski, हिन्दी, հայերեն, 한국어, frysk, français, فارسی, euskara, español, ελληνικά, dansk, cymraeg, čeština, català, bosanski, বাংলা, azərbaycanca, asturianu, العربية, languages, printable, version, print, export, item, cite, link, pages, related, here, recent, portal, help, contribute, random, events, history, read, views, namespaces, log, account, contributions, logged, personal, menu, webarchive, spam, august, written, september, matches, php, title, oldid, 1114222361, torrent, poisoning, patent, hardware, maintainer, long, abandonware, release, cycle, vaporware, shovelware, scareware, ransomware, worm, trojan, horse, spyware, malware, unwanted, deceptive, illicit, sneakernet, pre, installed, premises, sharing, delivery, methods, trialware, nagware, postcardware, core, donationware, careware, pay, want, crowdfunding, crippleware, adware, compensation, freely, redistributable, beerware, knowledge, net, omtco, challenges, best, practices, comments, them, relationships, becoming, widespread, jon, gillespie, brown, dan, bricklin, small, isv, issue, remove, message, please, removing, converting, useful, footnote, inappropriate, excessive, improve, wikibooks, book, topic, referenced, email, cal, stands, proposition, least, person, indeed, counter, wrote, equivalent, manifest, record, voted, approve, fallback, compliant, admit, retrospect, considering, risk, relying, evident, popularity, changed, mind, stand, fire, hose, doesn, come, better, trust, review, discuss, incompliant, patents, mxm, compared, legislators, extra, effort, don, settled, gained, abandonment, manifested, overt, indicating, intention, corp, 104, placing, documents, rosenlaw, 2010, dfsglicenses, scholten, thomas, official, journal, accessed, parliament, council, ecj, ruling, oks, timothy, lee, top, upholds, infocuria, marketing, concept, lawful, acquirer, judgment, grand, chamber, voakes, greg, victory, bill, drm, oft, cited, acronym, resonates, negatively, gaming, simply, treated, physical, forbes, courts, afp, dpa, permissible, package, directly, sided, firm, battle, giant, loses, fight, rules, gamasutra, mirror, gamerlaw, legality, second, hand, sales, walker, john, asked, specifically, valve, explained, matter, still, unresolved, fact, says, never, completely, generally, rock, paper, shotgun, thought, own, our, 2007, smacks, affirms, january, allbusiness, transfer, till, kreutzer, attorney, berlin, validity, zero, universal, usability, bibliographic, metadata, richard, fontana, aug, post, simon, phipps, infoworld, seriously, codinghorror, jeff, atwood, pick, larry, troan, 2005, summit, 2006, nashville, hancock, terry, magazine, didn, binary, executables, metering, expression, language, relating, dual, comparison, debate, considered, kind, around, essay, truly, interpreted, position, faced, opposition, others, dispute, accepted, admitting, previous, claims, backed, decisions, part, released, aimed, giving, protecting, adheres, derivative, beyond, classified, aim, share, alike, several, organizations, out, definitions, maintains, exhaustive, lists, considers, reasons, distinguishes, additionally, incompatible, choice, defines, certified, initiative, compatible, diagram, left, sides, orthogonal, offer, schools, agencies, edu, gov, migration, crossgrade, manufacturer, competitive, offered, gold, silver, bronze, vary, communication, method, mail, versus, telephone, 5x8, days, week, day, reaction, three, five, incidents, optional, bought, clause, receive, minor, option, insurance, assurance, charge, reinstatement, reinstallment, fee, retroactively, month, event, numerous, varying, advanced, metered, single, node, discount, accumulate, existing, olp, transactional, tlp, vlp, contractual, clp, commits, fixed, period, concurrent, occurs, network, cpu, points, regardless, practice, choose, required, subscription, renewals, discounted, new, expiration, host, guest, mailbox, address, extension, modular, modules, inter, alia, significant, effect, words, acceptance, extensive, activities, restricted, simultaneous, multiple, publication, benchmarks, performance, tests, reverse, engineering, microsoft, hallmark, feature, means, reserved, define, uses, installations, allowed, challenged, held, holder, oppose, digitally, accordance, transferred, questions, swiss, based, innovated, fought, europe, expressly, permits, trading, sale, distributors, goods, enumerate, yet, contracts, lack, publishers, control, keeping, each, doing, compel, restrictive, than, alone, relationship, determines, lease, consideration, citation, needed, explicit, requires, making, incidental, adaptations, acts, respective, houses, transferring, nor, rent, someone, specify, negotiate, individually, uniquely, refuse, returning, vendor, effectively, applied, jurisdiction, provides, decline, advertisement, readable, purchasing, consumer, clauses, services, forensic, line, cloud, computing, majority, tidal, xsplit, spotify, drms, league, legends, winamp, irfanview, obs, gimp, linux, kernel, toybox, imagej, sqlite, sublicense, distribute, lawsuits, filed, display, perform, strict, retained, context, expanded, sublicensing, mark, webbink, outside, scope, handled, popular, belief, fully, unusable, usage, until, passes, unauthorized, placed, repositories, specified, handing, reaching, problematic, jurisdictions, wtfpl, leaks, addition, imposing, contain, provisions, allocate, responsibility, parties, entering, enterprise, transactions, limitations, warranties, indemnity, infringes, intellectual, property, anyone, grant, distinct, conceptual, obtained, modifiable, keeps, bundles, categorized, type, table, ways, would, exclusive, instrument, printed, material, governing, forms, unless, developed, authors, covered, result, object, unpublished, works, private, afpl, jrl, agpl, mpl, traditional, combined, forbids, including, relicense, compatibility, provided, governs, encyclopedia, http, archive, 20221014150952, wiki, timestamps, capture, fail, success, 2023, 2021, nov, oct, mar, 2026, 564, captures,
Text of the page (random words):
e forms unless that software was developed by the united states government in which case it cannot be copyrighted 1 authors of copyrighted software can donate their software to the public domain in which case it is also not covered by copyright and as a result cannot be licensed a typical software license grants the licensee typically an end user permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner s exclusive rights under copyright contents 1 software licenses and copyright law 1 1 ownership vs licensing 2 proprietary software licenses 3 free and open source software licenses 4 see also 5 references 6 external links software licenses and copyright law edit most distributed software can be categorized according to its license type see table two common categories for software under copyright law and therefore with licenses which grant the licensee specific rights are proprietary software and free and open source software foss the distinct conceptual difference between the two is the granting of rights to modify and re use a software product obtained by a customer foss software licenses both rights to the customer and therefore bundles the modifiable source code with the software open source while proprietary software typically does not license these rights and therefore keeps the source code hidden closed source in addition to granting rights and imposing restrictions on the use of copyrighted software software licenses typically contain provisions which allocate liability and responsibility between the parties entering into the license agreement in enterprise and commercial software transactions these terms often include limitations of liability warranties and warranty disclaimers and indemnity if the software infringes intellectual property rights of anyone unlicensed software outside the scope of copyright protection is either public domain software pd or software which is non distributed non licensed and handled as internal business trade secret 2 contrary to popular belief distributed unlicensed software not in the public domain is fully copyright protected and therefore legally unusable as no usage rights at all are granted by a license until it passes into public domain after the copyright term has expired 3 examples of this are unauthorized software leaks or software projects which are placed on public software repositories like github without a specified license 4 5 as voluntarily handing software into the public domain before reaching the copyright term is problematic in some jurisdictions for instance the law of germany there are also licenses granting pd like rights for instance the cc0 or wtfpl 6 software licenses and rights granted in context of the copyright according to mark webbink 2 expanded by freeware and sublicensing rights granted public domain permissive foss license e g bsd license copyleft foss license e g gpl freeware shareware freemium proprietary license trade secret copyright retained no yes yes yes yes very strict right to perform yes yes yes yes yes no right to display yes yes yes yes yes no right to copy yes yes yes often no lawsuits are filed by the owner against copyright infringement the most right to modify yes yes yes no no no right to distribute yes yes under same license yes under same license often no no right to sublicense yes yes no no no no example software sqlite imagej apache web server toybox linux kernel gimp obs irfanview winamp league of legends windows the majority of commercial video games and their drms spotify xsplit tidal server side cloud computing programs and services forensic applications and other line of business work ownership vs licensing edit many proprietary or open source software houses sell the software copy with a license to use it there is no transferring of ownership of the good to the user who does not have the warranty of a for life availability of the software nor are they entitled to sell rent give it to someone copy or redistribute it on the web license terms and conditions may specify further legal clauses that users cannot negotiate individually or by way of a consumer organization and can uniquely accept or refuse returning the product back to the vendor 7 this right can be effectively applied where the jurisdiction provides a mandatory time for the good decline right after the purchase as in the european union law or a mandatory public advertisement of the license terms so as to be made readable by users before their purchasing in the united states section 117 of the copyright act gives the owner of a particular copy of software the explicit right to use the software with a computer even if use of the software with a computer requires the making of incidental copies or adaptations acts which could otherwise potentially constitute copyright infringement therefore the owner of a copy of computer software is legally entitled to use that copy of software hence if the end user of software is the owner of the respective copy then the end user may legally use the software without a license from the software publisher as many proprietary licenses only enumerate the rights that the user already has under 17 u s c 117 citation needed and yet proclaim to take rights away from the user these contracts may lack consideration proprietary software licenses often proclaim to give software publishers more control over the way their software is used by keeping ownership of each copy of software with the software publisher by doing so section 117 does not apply to the end user and the software publisher may then compel the end user to accept all of the terms of the license agreement many of which may be more restrictive than copyright law alone the form of the relationship determines if it is a lease or a purchase for example umg v augusto 8 or vernor v autodesk inc 9 10 the ownership of digital goods like software applications and video games is challenged by licensed not sold eulas of digital distributors like steam 11 in the european union the european court of justice held that a copyright holder cannot oppose the resale of a digitally sold software in accordance with the rule of copyright exhaustion on first sale as ownership is transferred and questions therefore the licensed not sold eula 12 13 14 15 16 17 the swiss based company usedsoft innovated the resale of business software and fought for this right in court 18 in europe eu directive 2009 24 ec expressly permits trading used computer programs 19 proprietary software licenses edit main article proprietary software further information end user license agreement the hallmark of proprietary software licenses is that the software publisher grants the use of one or more copies of software under the end user license agreement eula but ownership of those copies remains with the software publisher hence use of the term proprietary this feature of proprietary software licenses means that certain rights regarding the software are reserved by the software publisher therefore it is typical of eulas to include terms which define the uses of the software such as the number of installations allowed or the terms of distribution the most significant effect of this form of licensing is that if ownership of the software remains with the software publisher then the end user must accept the software license in other words without acceptance of the license the end user may not use the software at all one example of such a proprietary software license is the license for microsoft windows as is usually the case with proprietary software licenses this license contains an extensive list of activities which are restricted such as reverse engineering simultaneous use of the software by multiple users and publication of benchmarks or performance tests there are numerous types of licensing models varying from simple perpetual licenses and floating licenses to more advanced models such as the metered license the most common licensing models are per single user named user client node or per user in the appropriate volume discount level while some manufacturers accumulate existing licenses these open volume license programs are typically called open license program olp transactional license program tlp volume license program vlp etc and are contrary to the contractual license program clp where the customer commits to purchase a certain number of licenses over a fixed period mostly two years licensing per concurrent floating user also occurs where all users in a network have access to the program but only a specific number at the same time another license model is licensing per dongle which allows the owner of the dongle to use the program on any computer licensing per server cpu or points regardless the number of users is common practice as well as site or company licenses sometimes one can choose between perpetual permanent and annual license for perpetual licenses one year of maintenance is often required but maintenance subscription renewals are discounted for annual licenses there is no renewal a new license must be purchased after expiration licensing can be host client or guest mailbox ip address domain etc depending on how the program is used additional users are inter alia licensed per extension pack e g up to 99 users which includes the base pack e g 5 users some programs are modular so one will have to buy a base product before they can use other modules 20 software licensing often also includes maintenance this usually with a term of one year is either included or optional but must often be bought with the software the maintenance agreement contract typically contains a clause that allows the licensee to receive minor updates v 1 1 1 2 and sometimes major updates v 1 2 2 0 this option is usually called update insurance or upgrade assurance for a major update the customer has to buy an upgrade if it is not included in the maintenance agreement for a maintenance renewal some manufacturers charge a reinstatement reinstallment fee retroactively per month in the event that the current maintenance has expired maintenance sometimes includes technical support when it does the level of technical support which are commonly named gold silver and bronze can vary depending on the communication method i e e mail versus telephone support availability e g 5x8 5 days a week 8 hours a day and reaction time e g three hours support is also licensed per incident as an incident pack e g five support incidents per year 20 many manufacturers offer special conditions for schools and government agencies edu gov license migration from another product crossgrade even from a different manufacturer competitive upgrade is offered 20 free and open source software licenses edit diagram of software under various licenses according to the fsf and their the free software definition on the left side free software on the right side proprietary software on both sides and therefore mostly orthogonal free download freeware main articles free software license and open source software license there are several organizations in the foss domain who give out guidelines and definitions regarding software licenses free software foundation maintains non exhaustive lists of software licenses following their the free software definition and licenses which the fsf considers non free for various reasons 21 the fsf distinguishes additionally between free software licenses that are compatible or incompatible with the fsf license of choice the copyleft gnu general public license the open source initiative defines a list of certified open source licenses following their the open source definition 22 also the debian project has a list of licenses which follow their debian free software guidelines 23 free and open source licenses are commonly classified into two categories those with the aim to have minimal requirements about how the software can be redistributed permissive licenses and the protective share alike copyleft licenses an example of a copyleft free software license is the often used gnu general public license gpl also the first copyleft license this license is aimed at giving and protecting all users unlimited freedom to use study and privately modify the software and if the user adheres to the terms and conditions of the gpl freedom to redistribute the software or any modifications to it for instance any modifications made and redistributed by the end user must include the source code for these and the license of any derivative work must not put any additional restrictions beyond what the gpl allows 24 examples of permissive free software licenses are the bsd license and the mit license which give unlimited permission to use study and privately modify the software and includes only minimal requirements on redistribution this gives a user the permission to take the code and use it as part of closed source software or software released under a proprietary software license it was under debate some time if public domain software and public domain like licenses can be considered as a kind of foss license around 2004 lawyer lawrence rosen argued in the essay why the public domain isn t a license software could not truly be waived into public domain and cannot therefore be interpreted as very permissive foss license 25 a position which faced opposition by daniel j bernstein and others 26 in 2012 the dispute was finally resolved when rosen accepted the cc0 as an open source license while admitting that contrary to his previous claims copyright can be waived away backed by ninth circuit decisions 27 see also edit comparison of free and open source software licenses digital rights management copy protection dual licensing index of articles relating to terms of service and privacy policies license free software license manager product activation product key rights expression language software metering terms of service perpetual access copyright licenses category software by license category references edit hancock terry 2008 08 29 what if copyright didn t apply to binary executables free software magazine retrieved 2016 01 25 a b larry troan 2005 open source from a proprietary perspective pdf redhat summit 2006 nashville redhat com p 10 archived from the original pdf on 2014 01 22 retrieved 2015 12 29 pick a license any license on codinghorror by jeff atwood github finally takes open source licenses seriously on infoworld com by simon phipps july 13 2013 post open source software licensing and github on opensource com by richard fontana 13 aug 2013 validity of the creative commons zero 1 0 universal public domain dedication and its usability for bibliographic metadata from the perspective of german copyright law by dr till kreutzer attorney at law in berlin germany the difference between ownership transfer purchased and licensing software allbusiness com archived fr...
|
