cla summit 2013: software licenses for dummies

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Justin Goeres Marketing Manager, CLA, LabVIEW Champion Americas CLA Summit 2013 March 5, 2013 PUSHING THE LIMITS OF LABVIEW Software Licenses for Dummies

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Slides from JKI's CLA Summit 2013 presentation, "Software Licenses for Dummies," presented by Justin Goeres. If you're developing LabVIEW software professionally, you need to know some things about software licensing. Unfortunately, many people are misinformed (or just afraid) about how to license software correctly for different use cases. This was illustrated in a lively discussion on LAVA (lavag.org) in 2012 and resulted in this session at the 2013 CLA Summit in Austin, TX. In this talk, Justin covers basic concerns/misconceptions about software licensing, in the context of developing software professionally in LabVIEW.

TRANSCRIPT

Page 1: CLA Summit 2013: Software Licenses for Dummies

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

PUSHING THE LIMITS OF LABVIEW

Software Licenses for Dummies

Page 2: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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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Page 3: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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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Page 4: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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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Page 5: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

There’s Money at Stake

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v.

Jacobsen v. Katzer

Page 6: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

So Let’s Opt Out... Right?

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Page 7: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

I’ve Got Some Bad News...

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Page 8: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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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Page 9: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

And Not Only That...

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

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Page 10: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

What To Do?

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Page 11: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

Basic Intellectual Property Terms

PatentCopyrightTrade SecretTrademarks

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Copyright

Page 12: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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

Page 13: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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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Page 14: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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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Page 15: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

Software Licenses

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

(e.g. end users)

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Page 16: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

Common Licenses in the LabVIEW Word

Berkeley Software Distribution (BSD)Proprietary LicenseMulti-Licensing

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Page 17: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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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Page 18: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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.

Page 19: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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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Page 20: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

Common Licenses in the LabVIEW Word

Berkeley Software Distribution (BSD)Proprietary LicenseMulti-Licensing

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Page 21: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

Example: Proprietary

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Page 22: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

Example: Proprietary

Proprietary LicensesAllows users to:

Do whatever the copyright owner says.

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Page 23: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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.

Page 24: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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 [email protected].

Page 25: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

Common Licenses in the LabVIEW Word

Berkeley Software Distribution (BSD)Proprietary LicenseMulti-Licensing

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Page 26: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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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Page 27: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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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Page 28: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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.

Page 29: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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.

Page 30: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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

Page 31: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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.

Page 32: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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

Page 33: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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.

Page 34: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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

Page 35: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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.

Page 36: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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.

Page 37: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW | JKI CONFIDENTIAL

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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Page 38: CLA Summit 2013: Software Licenses for Dummies

PUSHING THE LIMITS OF LABVIEW

Questions? Discussion!

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

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