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A free license or open license is a
license A license (American English) or licence (Commonwealth English) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another part ...
that allows copyrighted work to be reused, modified, and redistributed. These uses are normally prohibited by
copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, ...
,
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...
or other
Intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
(IP) laws. The term broadly covers '' free content licenses'' and ''
open-source license Open-source licenses are software licenses that allow content to be used, modified, and shared. They facilitate free and open-source software (FOSS) development. Intellectual property (IP) laws restrict the modification and sharing of creative ...
s'', also known as '' free software licenses''.


History

The invention of the term "free license" and the focus on the rights of users were connected to the sharing traditions of the
hacker culture The hacker culture is a subculture of individuals who enjoy—often in collective effort—the intellectual challenge of creatively overcoming the limitations of software systems or electronic hardware (mostly digital electronics), ...
of the 1970s public domain software ecosystem, the social and political
free software movement The free software movement is a social movement with the goal of obtaining and guaranteeing certain freedoms for user (computing), software users, namely the freedoms to run, study, modify, and share copies of software. Software which meets thes ...
(since 1980) and the open source movement (since the 1990s). These rights were codified by different groups and organizations for different domains in Free Software Definition, Open Source Definition, Debian Free Software Guidelines, Definition of Free Cultural Works and The Open Definition.Open Definition 2.1
on opendefinition.org ''"This essential meaning matches that of “open” with respect to software as in the Open Source Definition and is synonymous with “free” or “libre” as in the Free Software Definition and Definition of Free Cultural Works."''
These definitions were then transformed into licenses, using the
copyright A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, ...
as legal mechanism. Ideas of free/open licenses have since spread into different spheres of society.
Open source Open source is source code that is made freely available for possible modification and redistribution. Products include permission to use and view the source code, design documents, or content of the product. The open source model is a decentrali ...
, free culture (unified as free and open-source movement), anticopyright,
Wikimedia Foundation The Wikimedia Foundation, Inc. (WMF) is an American 501(c)(3) nonprofit organization headquartered in San Francisco, California, and registered there as foundation (United States law), a charitable foundation. It is the host of Wikipedia, th ...
projects,
public domain The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds ...
advocacy groups and pirate parties are connected with free and open licenses.


Free software license

Free software licenses, also known as open-source licenses, are
software license A software license is a legal instrument governing the use or redistribution of software. Since the 1970s, software copyright has been recognized in the United States. Despite the copyright being recognized, most companies prefer to sell lic ...
s that allow content to be used, modified, and shared. They facilitate
free and open-source software Free and open-source software (FOSS) is software available under a license that grants users the right to use, modify, and distribute the software modified or not to everyone free of charge. FOSS is an inclusive umbrella term encompassing free ...
(FOSS) development.
Intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
(IP) laws restrict the modification and sharing of creative works. Free and open-source licenses use these existing legal structures for an inverse purpose. They grant the recipient the rights to use the software, examine the
source code In computing, source code, or simply code or source, is a plain text computer program written in a programming language. A programmer writes the human readable source code to control the behavior of a computer. Since a computer, at base, only ...
, modify it, and distribute the modifications. These criteria are outlined in the Open Source Definition and The Free Software Definition. After 1980, the United States began to treat software as a literary work covered by copyright law. Richard Stallman founded the
free software movement The free software movement is a social movement with the goal of obtaining and guaranteeing certain freedoms for user (computing), software users, namely the freedoms to run, study, modify, and share copies of software. Software which meets thes ...
in response to the rise of
proprietary software Proprietary software is computer software, software that grants its creator, publisher, or other rightsholder or rightsholder partner a legal monopoly by modern copyright and intellectual property law to exclude the recipient from freely sharing t ...
. The term "open source" was used by the Open Source Initiative (OSI), founded by free software developers Bruce Perens and Eric S. Raymond. "Open source" is alternative label that emphasizes the strengths of the open development model rather than software freedoms. While the goals behind the terms are different, open-source licenses and free software licenses describe the same type of licenses. The two main categories of free and open-source licenses are permissive and
copyleft Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, ''freedoms'' refers to the use of the work for any purpose, ...
. Both grant permission to change and distribute software. Typically, they require attribution and disclaim liability. Permissive licenses come from academia. Copyleft licenses come from the free software movement. Copyleft licenses require
derivative works In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work (the underlying work). The derivative work becomes a second, separate work independent from t ...
to be distributed with the source code and under a similar license. Since the mid-2000s, courts in multiple countries have upheld the terms of both types of license. Software developers have filed cases as copyright infringement and as breaches of contract.


Free content license

According to the current definition of open content on the OpenContent website, any general, royalty-free copyright license would qualify as an open license because it 'provides users with the right to make more kinds of uses than those normally permitted under the law. These permissions are granted to users free of charge.' However, the narrower definition used in the Open Definition effectively limits open content to libre content. Any free content license, defined by the Definition of Free Cultural Works, would qualify as an open content license.


Licenses


By type of license

*
Public domain The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds ...
licenses ** Creative Commons CC0 ** WTFPL ** Unlicense ** Public Domain Dedication and License (PDDL)PDDL 1.0
on opendatacommons.org *
Permissive license A permissive software license, sometimes also called BSD-like or BSD-style license, is a free-software license which instead of copyleft protections, carries only minimal restrictions on how the software can be used, modified, and redistributed, ...
s **
Apache License The Apache License is a permissive free software license written by the Apache Software Foundation (ASF). It allows users to use the software for any purpose, to distribute it, to modify it, and to distribute modified versions of the software ...
** BSD License **
MIT License The MIT License is a permissive software license originating at the Massachusetts Institute of Technology (MIT) in the late 1980s. As a permissive license, it puts very few restrictions on reuse and therefore has high license compatibility. Unl ...
** Mozilla Public License (file-based permissive copyleft) ** Creative Commons Attribution *
Copyleft Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, ''freedoms'' refers to the use of the work for any purpose, ...
& patentleft licenses ** GNU GPL,
LGPL The GNU Lesser General Public License (LGPL) is a free-software license published by the Free Software Foundation (FSF). The license allows developers and companies to use and integrate a software component released under the LGPL into their own ...
(weaker copyleft), AGPL (stronger copyleft) ** Creative Commons Attribution Share-Alike ** Mozilla Public License ** Common Development and Distribution License ** GFDL (without invariant sections) ** Free Art License


By type of content

*
Open-source software Open-source software (OSS) is Software, computer software that is released under a Open-source license, license in which the copyright holder grants users the rights to use, study, change, and Software distribution, distribute the software an ...
** The Open Source Definition *
Open Content Free content, libre content, libre information, or free information is any kind of creative work, such as a work of art, a book, a software, software program, or any other creative Media (communication), content for which there are very minimal ...
** Open Content License ** Open Publication License *
Open-source hardware Open-source hardware (OSH, OSHW) consists of physical artifact (software development), artifacts of technology designed and offered by the open-design movement. Both free and open-source software (FOSS) and open-source hardware are created by th ...
* Open database **
Creative Commons Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has release ...
v4 ** Open Database License


By authors

*
Creative Commons Creative Commons (CC) is an American non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share. The organization has release ...
*
Free Software Foundation The Free Software Foundation (FSF) is a 501(c)(3) non-profit organization founded by Richard Stallman on October 4, 1985. The organisation supports the free software movement, with the organization's preference for software being distributed ...
* Open Source Initiative *
Microsoft Microsoft Corporation is an American multinational corporation and technology company, technology conglomerate headquartered in Redmond, Washington. Founded in 1975, the company became influential in the History of personal computers#The ear ...
** Microsoft Public License ** Microsoft Reciprocal License * Open Content Project * Open Data Commons from Open Knowledge Foundation ** Public Domain Dedication and License (PDDL) ** Attribution License (ODC-By) ** Open Database License (ODC-ODbL) *
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
** European Union Public Licence


See also

* License compatibility * License proliferation


Notes


References

* ** * * * * * * * * * *


External links


Open software licenses

Open licenses


* ttp://freedomdefined.org/Licenses Licenses - Definition of Free Cultural Works
proposed Open Source Hardware (OSHW) Statement of Principles and Definition v1.0
{{Creative Commons topics Free and open-source software licenses Contract law Computer law Copyright licenses Terms of service Open-source hardware Patent law