cla summit 2013: software licenses for dummies

Justin GoeresMarketing Manager, CLA, LabVIEW ChampionAmericas CLA Summit 2013March 5, 2013

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Software Licenses for Dummies

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First Things First

I AM NOT A LAWYER.This is not legal advice.

If you are doing professional software development work, you should have a lawyer and you should listen

to them.

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Software Licenses Suck

“I hate software licensing rules. Really hate them.”

“...I just don't understand them.”

“Licensing options are confusing. Even the ones designed to make things simple are not so.”

“Licensing is to me such a minefield.”

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Software Licenses Suck

“...usually the one with the deepest pockets prevails regardless of the licensing.”

“Wow licensing is a PITA.”

“Have I mentioned I hate software licensing?”

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There’s Money at Stake

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v.

Jacobsen v. Katzer

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So Let’s Opt Out... Right?

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I’ve Got Some Bad News...

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I’ve Got Some Bad News...

Every piece of software you use(except what you literally wrote yourself)

is covered by a license.

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And Not Only That...

Your end users are covered by whatever license YOU place on software you write.

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What To Do?

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Basic Intellectual Property Terms

PatentCopyrightTrade SecretTrademarks

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Copyright

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Basic Intellectual Property Terms

Copyright Protects the expression of an idea. In software: source code and object code. In the US, copyright attaches automatically upon

creation of the software.

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Copyright

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Let’s Talk About Copyright

Copyright gives the owner certain exclusive rights: The right to copy the software. The right to create derivative works. (i.e. new software

that uses or modifies the old software) The right to distribute copies of the software.

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Let’s Talk About Copyright

Copyright gives the end user almost no rights. Not allowed to copy. Not allowed to modify. Not allowed to distribute.

... unless the copyright owner says it’s OK.

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Software Licenses

A license is a way for a copyright holder togrant rights to other people.

(e.g. end users)

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Common Licenses in the LabVIEW Word

Berkeley Software Distribution (BSD)Proprietary LicenseMulti-Licensing

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Example: BSD

Berkeley Software Distribution (BSD)Allows users to:

Copy, modify, and/or distribute the software... Under any license... As long as the resulting software includes the “BSD-

license clause.”

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Example: BSD

Berkeley Software Distribution (BSD)Allows users to:

Copy, modify, and/or distribute the software... Under any license... As long as the resulting software includes the “BSD-

license clause.”

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Copyright (c) <YEAR>, <OWNER>All rights reserved.

Redistribution and use in source and binary forms, with or withoutmodification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this   list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice,   this list of conditions and the following disclaimer in the documentation   and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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Example: BSD

Berkeley Software Distribution (BSD)Allows users to:

Copy, modify, and/or distribute the software... Under any license... As long as the resulting software includes the “BSD-

license clause.”

In the LabVIEW world: OpenG

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Common Licenses in the LabVIEW Word

Berkeley Software Distribution (BSD)Proprietary LicenseMulti-Licensing

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Example: Proprietary

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Example: Proprietary

Proprietary LicensesAllows users to:

Do whatever the copyright owner says.

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Example: Proprietary

Proprietary LicensesAllows users to:

Do whatever the copyright owner says.

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Microchip’s authorized representatives will have the right to reasonably inspect, announced or unannounced, Licensee’s premises and to audit Licensee’s records.

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Example: Proprietary

Proprietary LicensesAllows users to:

Do whatever the copyright owner says.

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A special consideration which may include financial compensation will be awarded to a limited number of licensees who read this section of the license and contact PC Pitstop at consideration@pcpitstop.com.

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Common Licenses in the LabVIEW Word

Berkeley Software Distribution (BSD)Proprietary LicenseMulti-Licensing

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Example: Multi-Licensing

Dual- (or Multi-) LicensingThe best of both worlds...?

For Open Source Projects, MySQL is available under the GPL.For Commercial Products/Projects, MySQL is available under a Commercial License (which costs money).

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So What Have We Learned?

Take-home points so far: Users of your software have virtually no rights. Different licenses grant different rights.

If you’re creating software, you need to create (or choose) a license for your users. Talk to a lawyer.

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Use Cases

So what license should you use? For Consulting For Turnkey Test Systems For Software on the LabVIEW Tools Network For Contributions to the Community

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P.S. I am not a lawyer. This is not legal advice.

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Use Cases

So what license should you use? For Consulting For Turnkey Test Systems For Software on the LabVIEW Tools Network For Contributions to the Community

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P.S. I am not a lawyer. This is not legal advice.

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For Consulting

Depends on your contract with your customer.If you own the IP, you need a

If you’re doing work-for-hire, licensing is moot.

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P.S. I am not a lawyer. This is not legal advice.

Proprietary License

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Use Cases

So what license should you use? For Consulting For Turnkey Test Systems For Software on the LabVIEW Tools Network For Contributions to the Community

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P.S. I am not a lawyer. This is not legal advice.

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For Turnkey Test Systems

Software is standard or slightly customized.You do not want users to modify or resell your software.

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P.S. I am not a lawyer. This is not legal advice.

Proprietary License

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Use Cases

So what license should you use? For Consulting For Turnkey Test Systems For Software on the LabVIEW Tools Network For Contributions to the Community

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P.S. I am not a lawyer. This is not legal advice.

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For The LabVIEW Tools Network

If you’re giving it away free...

If you’re charging for it...

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P.S. I am not a lawyer. This is not legal advice.

Proprietary License

BSD

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Use Cases

So what license should you use? For Consulting For Turnkey Test Systems For Software on the LabVIEW Tools Network For Contributions to the Community

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P.S. I am not a lawyer. This is not legal advice.

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For Contributions to the Community

Depends entirely on your goals. Principles: GPL is pure free software nirvana! Recognition: BSD requires attribution. Widest possible user base...

Post it to ni.com and convince them to include it in LabVIEW Base. Seriously.

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P.S. I am not a lawyer. This is not legal advice.

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In Case You Forgot

I AM NOT A LAWYER.This has not been legal advice.

If you are doing professional software development work, you should have a lawyer and you should listen

to them.

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Questions? Discussion!

(I am still not a lawyer.This is still not legal advice.)

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