Distribution

 <  Day Day Up  >  

I have thus far used the word distribution as if it had obvious meaning in the software world. Certainly it means selling or giving copies of software away to others. It also may include such arrangements as incorporating software into consumer or industrial products and selling those products to others. For some software, it may also include making the software available across a network for execution by others.

In the proprietary software world, before a company may become a distributor it must negotiate a formal business arrangement with the owner of the software. These contracts typically establish marketing arrangements, territorial limitations, pricing structures, and other business terms.

None of this is needed for open source software. Because of the objective to provide software freedom as specified in the open source definition, the distribution of open source software cannot be restricted in those ways. (See Open Source Principles # 2 and 3.) An open source license must grant everyone permission to make copies, to create derivative works, and to distribute those copies and derivative works. Anyone, anywhere , for any reason, may become a distributor of open source software.

There may be no time, place, or manner limitations on distribution in an open source license ”but this does not mean that there may be no conditions on distribution at all. Open source licenses may condition the distribution of derivative works on reciprocity of licensing, an important device first used in the GPL. (Reciprocal licenses are introduced in Chapter 6.) Certain open source licenses include an obligation to provide a reference implementation of derivative works that are distributed, so that standards can be enforced. (The Sun Industry Standards License is discussed in Chapter 13.) And finally, open source licenses can use their own definitions of the term distribution to include or exclude network execution of software, the so-called application service provider exception. (The OSL and AFL licenses described in Chapter 9 have such a provision.) These qualifications and limitations to the term distribution are explained in due course when specific open source licenses are described.

 <  Day Day Up  >  


Open Source Licensing. Software Freedom and Intellectual Property Law
Open Source Licensing: Software Freedom and Intellectual Property Law
ISBN: 0131487876
EAN: 2147483647
Year: 2004
Pages: 166

flylib.com © 2008-2017.
If you may any questions please contact us: flylib@qtcs.net