- Research Article
- 10.9785/ovs-cri-2007-166
OSL 3.0: A Better License for Open Source Software
- Dec 01, 2007
- Computer Law Review International
- Lawrence Rosen
There are many ways to license open source software. Given the attention paid recently to the General Public License (GPL) and its latest version (GPLv3), you may be interested to know that there are other licenses that satisfy the principles of free and open source software without the confusion and polemics that surround the GPL. Other open source licenses have been approved by Open Source Initiative and adopted by commercial companies and by open source projects. Most of those other licenses are professionally written by lawyers to express clearly the licensing objectives of software copyright and patent owners and to ensure that they are valid and enforceable in all important jurisdictions. I wrote one of those licenses, the Open Software License. The third version of this license, OSL 3.0, was approved by Open Source Initiative in 2005. This article explains why it is a better license for software than the GPL. Software licensors choose their licenses based upon their particular philosophy and business models, and they intend their licenses to define the expected behavior of their licensees around the world. Because philosophies and businesses differ, so do licenses. In the open source world, there are two general categories of licenses: (1) Those licenses that allow derivative works of the software to be used and distributed as part of proprietary programs, and (2) those that require derivative works to be distributed under the same open source license as the original. The BSD license is the archetype of the first kind, what I call academic licenses. The GPL (version 2) is the most popular of the second kind, the so-called reciprocal or copyleft licenses. The license philosophies of these two categories of licenses are inherently irreconcilable, the first being compatible with proprietary derivative works and the other not, but they each make a valid point about the freedom to copy, change, and use software. I pass no judgment between them, since it is a licensor's right to choose a license for his own copyrightable works, not his lawyer's choice. The complete text (which is shorter than this article) of OSL 3.0 and its companion licenses is posted at www. rosenlaw.com/OSL3.0-comparison.pdf.
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