Software Licenses & Copyright


Important: I AM NOT A LAWYER!

AKA: IANAL

Copyright


Facts and ideas are not copyrightable.



Expressions of ideas are copyrightable.

Copyright Examples


Game rules are not copyrightable (chess, Go, football, Dungeons & Dragons).

Expressions of game rules are copyrightable.

Dungeons & Dragons Player's Handbook

Copyright Examples 2


A function that computes standard deviation of values: name choices and concept of the function are not copyrightable.


The std() code that actually computes the standard deviation is copyrightable.

Basic Copyright


"Right of First Publication": copyright automatically goes to the first creator of any creative work

(Even if not explicitly specified)

Consequence: if you post software to GitHub without an explicit license, then you own the copyright—even if openly and publicly visible.

By default, no one else is legally allowed to use or modify your work.

Software Licenses


All software codes you make publicly available should be accompanied by a software license describing the terms by which others may use and/or modify your code.

Public Domain


Alternatively, you can put work into the public domain: "This work has been placed in the public domain."

Free for anyone and everyone to use and modify.

Literature examples: Sherlock Holmes, Frankenstein

(There are some tricky issues internationally, however.)

Software Licenses


Kinds of software licenses: proprietary, and free/open source (FOSS, FLOSS, OSS)

Pick an existing license. Do not create your own.

Software Licenses


FOSS categories: permissive, and "copyleft"

Permissive licenses: BSD 3-clause, MIT; allow further distribution under any license

Copyleft licenses: GPL; require modifications to be shared under the same license ("viral")

https://choosealicense.com

ChooseALicense.com

Open Source Initiative licenses

Open Source Initiative Licenses & Standards

Which license to use?


When in doubt, use a permissive license like the BSD 3-clause or MIT licenses.

Copyrighting other creative works: Creative Commons


  • BY: Attribution
  • SA: ShareAlike
  • ND: NoDerivatives
  • NC: NonCommercial

Licenses: CC BY, CC BY-SA, CC BY-NC, CC BY-NC-NC

Choose a license

Beyond copyright & licenses

Patents: cover ideas and concepts; modern issues with "patent trolls"

Trademarks: symbols that represent a business or organization

Export control: government may forbid the transfer of source code (and data, ideas) to another country or foreign national without permission

HIPAA compliance: software that deals with human patients must be anonymized

Long story short:

Pick a license when creating a project, and put as LICENSE.txt in your repo.

Questions?