Introduction

The computer industry is currently undergoing a dramatic revolution. One of the prime forces behind this revolution is the adoption of different software licenses. For those unaware of software licenses, they are the rules a software user abides by. In the past, software licenses have been very restrictive. However, certain changes have occurred in the marketplace so that the software licenses are now becoming less restrictive. This opening up has spurred a new wave of software development.

This paper will first examine what a software license means. Many different software licenses are currently utilized in the market. However, only a few basic types of licenses are actually used. In this paper, the following licenses will be examined

The Traditional Binary-Only License Public Domain Sun Community Source License

These licenses have been picked because they form a diverse representation of the current state of software licenses that are in use today. Most other software licenses are a derivation of the ones examined in this paper. However, due to the rapid changes occurring in the industry, new licenses arise every day. This paper should only be considered a starting point to the options available to both developers and end-users.

What is a Software License?

A software license is a contract between a copyright holder and the licensee. In order to use the license as stated, the prospective licensee must follow the terms specified in the license. Otherwise, the copyright holder can seek legal damages from the licensee. The software license also determines the restrictions placed on the licensees. Certain licenses prohibit transferring of licenses to other parties. Certain licenses allow complete transfer of the license to another party if certain conditions are met. Others prohibit further restrictions of the terms of the license. Others allow further restriction of the license terms.

Binary-Only Licenses

The prevalent form of software license currently utilized by commercial software companies today is binary-only licenses. For the purposes of this paper, binary-only licenses refer to license where the licensee does not have any right to the original source code. This type of license is closed source. All other licenses discussed in this paper are variations on open source licenses those licenses allows varying degrees of access to the source code.

Within the class of binary-only licenses, there are many variations. However, all binary licenses share one feature the copyright holder only provides a pre-compiled executable, which will provide the licensee with the requisite functionality. The end user has no right to modify the original source code used to generate that executable. If the user wishes to port the software to another platform, they must contact the original author and negotiate terms for the source code. All creative control of the original code remains with the copyright holder. No modifications are

otherwise allowed. The intellectual property of the original code remains the sole property of the copyright holder.

This is regarded as the most restrictive form of software licensing available. Now, each specific binary-only license may grant or deny certain extra properties to the licensee. For example, Microsoft used to allow employees of a corporation, which had purchased Microsoft Office for corporate use, to install Microsoft Office on their home computer. However, the requirement imposed by Microsoft was that they had to use that copy of Microsoft Office at their residence for at least 20 percent of their job-related duties this rule was called the 80/20 rule (Software Licensing FAQ). However, in recent versions of Microsoft Office, this clause has been removed. Therefore, if you now use a recent version of Microsoft Office in the workplace, you must purchase a separate license for Microsoft Office to work at home.

Public Domain

On the other side of the software-licensing spectrum from binary-only license is the public domain. Public domain is exactly that it resides in the domain of the public. Anyone can use this software. Anyone can modify the source code. Anyone can sell it for a profit. In certain circumstances, they can even release the code under a more restrictive license.

However, a program does not automatically reside in the public domain. The original copyright holder must cede the copyright. After the copyright is removed, it enters the public domain. At that time, there is no copyright placed upon the source code. Any party can modify the source code, use the source code, and even release their changes under a new software license.

A copyright holder may do this when they no longer wish to be associated with the code. The product may have reached the end of its useful life cycle. The product may not have fulfilled the original expectations. Usually, the original copyright holder feels that the program would be best served if another person assumed responsibility. Therefore, the product is released to the public domain so that someone else can continue development. The new developer is able to take the modified code and place a new license and copyright on their modifications.

Sun Community Source License

The previously discussed licenses have either focused on maintaining complete control by the copyright holder, or those where the copyright holder gives up all rights to the code by making it public. The Sun Community Source License (SCSL) attempts to merge these two seemingly irreconcilable worlds. The SCSL represents a new wave of software licensing. The

SCSL is in its infancy, so its success must be closely monitored to gauge the future of software licensing issues.

Principle Features

The SCSL is detailed in Sun Community Source License Principles by Richard Gabriel and Bill Joy. In the paper, Gabriel and Joy examine closed and open software. They find fault with both strategies, and hypothesize that there is another alternative combine the best attributes of both schools of thought. The SCSL attempts to do this in a realistic fashion. It does not attempt to be the cure-all, but rather is the first step to leverage the power of the Internet while maintaining corporate control. The SCSL itself is released under the SCSL therefore, comments and suggestions can be submitted for inclusion in future releases.

Three types of licenses are associated with the SCSL (Gabriel and Joy). Each license classification has certain associated rights that are given to the licensees. The three licenses described by the SCSL are as follows:

Research Use Internal Deployment Commercial Use

Research Use, the first type of license, is a bit of a misnomer because it is intended to serve as the license under which the majority of the software development occurs. As proposed, the Research Use license should be accessible via a very simple web-centric process (Gabriel and Joy). The next license classification is Internal Deployment, which serves to remove all software defects from a program by having a limited distribution. This license is usually distributed with

the Research Use license. The final license type is the Commercial Use. At this point, the SCSL is no longer free, and the original copyright holder must receive financial considerations (as dictated by the copyright holder) in order to receive distribution rights.

Changes Are Owned By New Developer

The first aspect of the SCSL is that all changes made to the program are the property of the new developer. The original copyright holder has no right to the new code. The SCSL allows for shared modifications, which are when changes are given back to the community. The SCSL also makes a special exemption for error corrections to the original source (Gabriel and Joy). In the event of detection of a program fault, any corrections must be given back to the community. This insures that any errors are detected and fixed and are part of the community.

Compatibility Is Crucial

The SCSL requires that the originating organization provide specifications and test suites to the community (Gabriel and Joy). The originating may also provide reference implementations. These tools allow the interfaces of a program to be well defined. With a reference implementation, the intent of the originating organization is clear. In the case of ambiguities in the interface, the reference code provides a definitive direction. The availability of reference code is an invaluable tool when using a published interface.

Conclusion

The licenses described in this document may not be exactly what a developer seeks for a project. The developer is then free to write a brand new license nothing prevents this from

occurring. However, as a practical matter, it is best to consult legal advice to eliminate any loopholes that might be exploited by unscrupulous rivals. This new license can incorporate the best ideas of the GPL along with the best ideas of the Binary-Only license. The market is starting to support compromise licenses, such as the SCSL. Time will tell whether these principles will be successful.

On the same token, a user may not agree with the GPL and its restrictions. The user is then free to not use that product under those terms. If no other available licensing terms are available, then they cannot legally use that particular product. They may be able to use an alternative product licensed under terms that are more agreeable. At times, there are no competing products in the marketplace. Therefore, a new product must emerge.

The incredible communicative force of the Internet is crucial for bringing together people with similar goals and value systems. If developers and users both see a need and unite on the Information Superhighway, new software will be written to fill the void. If desired, new software licenses can also be written to properly articulate the intentions of the new group. In the annals of computing history, this is how things have been accomplished developers and users join forces to rectify marketplace oversights. This new wave of software licenses allows greater flexibility to both developers and end-users. In the end, these licenses will allow the developers to focus on the code and the users to focus on the functionality of the program. Therein, lies the beauty of software licenses - freedom.