Artistic License (film)
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The Artistic License is an
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 ...
used for certain
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 ...
packages, most notably the standard implementation of the
Perl programming language Perl is a high-level, general-purpose, interpreted, dynamic programming language. Though Perl is not officially an acronym, there are various backronyms in use, including "Practical Extraction and Reporting Language". Perl was developed by ...
and most
CPAN The Comprehensive Perl Archive Network (CPAN) is a software repository of over 220,000 software modules and accompanying documentation for 45,500 distributions, written in the Perl programming language by over 14,500 contributors. ''CPAN'' can de ...
modules, which are dual-licensed under the Artistic License and the
GNU General Public License The GNU General Public Licenses (GNU GPL or simply GPL) are a series of widely used free software licenses, or ''copyleft'' licenses, that guarantee end users the freedom to run, study, share, or modify the software. The GPL was the first ...
(GPL).


History


Artistic License 1.0

The original Artistic License was written by
Larry Wall Larry Arnold Wall (born September 27, 1954) is an American computer programmer, linguist, and author known for creating the Perl programming language and the patch tool. Early life and education Wall grew up in Los Angeles and Bremerton, Wash ...
. The name of the license is a reference to the concept of
artistic license Artistic license (and more general or contextually-specific, derivative terms such as creative license, poetic license, historical license, dramatic license, and narrative license) refers to deviation from fact or form for artistic purposes. It ...
. Whether or not the original Artistic License is a
free software license A free-software license is a notice that grants the recipient of a piece of software extensive rights to modify and redistribute that software. These actions are usually prohibited by copyright law, but the rights-holder (usually the author) ...
is largely unsettled. The
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 ...
explicitly called the original Artistic License a non-free license, criticizing it as being "too vague; some passages are too clever for their own good, and their meaning is not clear". The FSF recommended that the license not be used on its own, but approved the common AL/GPL
dual-licensing Multi-licensing is the practice of distributing software under two or more different sets of terms and conditions. This may mean multiple different software licenses or sets of licenses. Prefixes may be used to indicate the number of licenses ...
approach for Perl projects. In response to this,
Bradley Kuhn Bradley M. Kuhn (born 1973) is a free software activist from the United States. Kuhn is currently Policy Fellow and Hacker-in-Residence of the Software Freedom Conservancy, having previously been executive director. Until 2010 he was the FLOSS ...
, who later worked for the Free Software Foundation, made a minimal redraft to clarify the ambiguous passages. This was released as the Clarified Artistic License and was approved by the FSF. It is used by the Paros Proxy, the JavaFBP toolkit and
NcFTP NcFTP is an FTP client program which debuted in 1991 as the first alternative FTP client. It was created as an alternative to the standard UNIX ftp program, and offers a number of additional features and greater ease of use. NcFTP is a Command-li ...
. The terms of the Artistic License 1.0 were at issue in '' Jacobsen v. Katzer'' in the initial 2009 ruling by the
United States District Court for the Northern District of California The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, De ...
declared that
FOSS 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 ...
-like licenses could only be enforced through
contract law A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or pr ...
rather than through
copyright law 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, e ...
, in contexts where contract damages would be difficult to establish. On appeal, a federal appellate court "determined that the terms of the Artistic License are enforceable copyright conditions". The case was remanded to the District Court, which did not apply the superior court's criteria on the grounds that, in the interim, the governing Supreme Court precedent applicable to the case had changed. However, this left undisturbed the finding that a free and open-source license nonetheless has economic value. Jacobsen ultimately prevailed in 2010, and the Case established a new standard making terms and conditions under Artistic License 1.0 enforceable through copyright statutes and relevant precedents.


Artistic License 2.0

In response to the
Request for Comments A Request for Comments (RFC) is a publication in a series from the principal technical development and standards-setting bodies for the Internet, most prominently the Internet Engineering Task Force (IETF). An RFC is authored by individuals or ...
(RFC) process for improving the licensing position for Raku, Kuhn's draft was extensively rewritten by Roberta Cairney and
Allison Randal Allison Randal is a software developer and author. She was the chief architect of the Parrot virtual machine, a member of the board of directors for The Perl Foundation, a director of the Python Software Foundation from 2010 to 2012, and the ...
for readability and legal clarity, with input from the Perl community. This resulted in the Artistic License 2.0, which has been approved as both a
free software Free software, libre software, libreware sometimes known as freedom-respecting software is computer software distributed open-source license, under terms that allow users to run the software for any purpose as well as to study, change, distribut ...
and
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 ...
license. The Artistic license 2.0 is also notable for its excellent
license compatibility License compatibility is a legal framework that allows for pieces of software with different software licenses to be distributed together. The need for such a framework arises because the different licenses can contain contradictory requireme ...
with other FOSS licenses due to a
relicensing Software relicensing is applied in open-source software development when software licenses of software modules are incompatible and are required to be compatible for a greater combined work. Licenses applied to software as copyrightable works, in ...
clause, a property other licenses like the GPL lack. It has been adopted by some of the Raku implementations, the
Mojolicious Mojolicious is a real-time web application framework, written by Sebastian Riedel, creator of the web application framework Catalyst. Licensed as free software under the Artistic License v 2.0, it is written in the Perl programming language, and ...
framework and the NPM. It is also used by the SNEeSe
emulator In computing, an emulator is Computer hardware, hardware or software that enables one computer system (called the ''host'') to behave like another computer system (called the ''guest''). An emulator typically enables the host system to run sof ...
, which was formerly licensed under the Clarified Artistic License. The OSI recommends that all developers and projects licensing their products with the Artistic License adopt Artistic License 2.0.


See also

* Software using the Artistic license (category)


References


External links

* Version 1.0 *
The Artistic License
he original Artistic License 1.0, the one which is still used by Perl and CPAN; They use a disjunction of the Artistic License 1.0 and the GNU GPL for Perl 5 and above. *
The Clarified Artistic License
* Version 2.0 *
The Artistic License 2.0
t's e.g. used by Parrot. *

* Prominent uses *
Dusk
he first online Novel and Blog written under Artistic License 2.0. ** Is about
R.E.M. R.E.M. was an American alternative rock band formed in Athens, Georgia, in 1980 by drummer Bill Berry, guitarist Peter Buck, bassist Mike Mills, and lead vocalist Michael Stipe, who were students at the University of Georgia. One of the fir ...
's choice of the Artistic License 2.0 for videos from one of their albums. {{FOSS Free and open-source software licenses