CPL as a Template

IBM has long participated in the open source community. Its involvement along with other major software companies in the Linux project, the Apache project, and many other open source activities is well known. IBM also has its own commercial open source license, the IBM Public License, one of many vendor-specific licenses approved by Open Source Initiative.

But IBM also wanted a license that was available for other companies to use, companies who were distributing open source software that might be useful for IBM and others to use or sell with no ambiguous license provisions hanging over them.

IBM's attorneys designed the Common Public License (CPL) to be a template license. Here's how the template works: The CPL applies to "the accompanying program." (CPL first paragraph.) This introduces an interesting problem: How does a license accompany a program?

One way is to include a license as a shrink-wrap or click-wrap license that must be acknowledged before installation or first use. As I've described, the physical process of accessing the software requires a manifestation of assent and is evidence that the accompanying license was available to be read. But after that assent, don't the license and the software go their separate ways, one to be installed and the other to be thrown away? Is there any convenient way for someone who receives a copy of the software to remember what license applies to it?

The CPL has no specific answer, although it requires that a copy of the license be included with each copy of the Program. (CPL section 3.)

The technique described in the GPL, to include a licensing statement in the source code of the Program, is obviously the most convenient. Such licensing statements can be placed immediately following the copyright notice. This technique is consistent with the word accompany in the CPL.

Presumably that licensing notice will remain with the source code as long as the copyright notice does:

Contributors may not remove or alter any copyright notices contained within the Program. ( CPL section 3.)