May I ask what I can do and what I can't do with open source code in a closed source (for profit) project?

Question

Hi,

I am building my own web app, and there are open source code out there that would be useful in my reducing my development time.

For now, I plan to develop in closed source, but opening the source code when the code is mature can be a possibility. However, for now, I'd like to know the possible (legal) issues in using open source code (esp reusable apps) in my platform?

I understand there are various licenses, such as Creative Commons, BSD, Mozilla licenses. Could you guys possibly elaborate in general about them and others?

URLs would be useful as well!

Thanks!

Answer 1

Except for the Affero GPL, most open-source licenses will not affect the output of your server-side web application. client-side code (such as javascript) may trigger redistribution clauses and limitations of the license involved.

Please note there is a no-derivatives CC licenses, which mean you may not modify code under that license.

Read the license. If real money may be involved, ask a lawyer.

Your question is very general, for better answers you need to be more specific is terms of the intended use and license involved.

Answer 2

The answer would depend on the specific license covering the code you plan on using.

For example, there are a variety of Creative Commons licenses. Someone may release under a Creative Commons license stating that you can reuse their code, but you must give them credit for it. Or they may require that you only reuse it for not-for-profit ventures. CC licensed items are generally pretty clear and concise.

The GPL on the other hand is a fairly dense topic and I'm unclear on how it applies to code you will be using on your own site but not distributing for use to others. In that case I would recommend trying to contact the originator of the code you wish to use and ask for clarification.

Answer 3

What license? There are plenty of licenses (the definitive list is at the Open Source Initiative website). You will want to review the individual licenses, since they have different requirements. A BSD-style license allows you to use the code as you please, provided you keep the attribution and license statement, while Gnu GPL versions will require you to release under the GPL and make your source available to users. All Open Source licenses will allow you to use the code for any application you like, but aren't necessarily compatible with all business models.

There are also Creative Commons licenses, which have various stipulations, and which are generally intended for a wide variety of creative works, not just software. Again, you'll have to read them to find out what you can do (some, for example, forbid commercial use, and therefore don't qualify as Open Source licenses).

The licenses were designed to be readable. Some of them take more work, but anybody who can program should be able to understand them.

Answer 4

In general:

BSD - do what you like with it, just don't advertise your product as being endorsed by the authors http://en.wikipedia.org/wiki/BSD%5Flicenses

MIT - do what you like with it

Creative Commons - Depends on the type (see below)

(1) Attribution - Do what you like with it, but acknowledge the author(s)

(2) Noncommercial - Do what you like with it, but don't sell it

(3) No derivative works - You can use it as long as you don't modify it or create a work derived from it

(4) Sharealike - Distribution of this or derivative works must comply to the original license

(5) Combinations of (1) to (4)

http://en.wikipedia.org/wiki/Creative%5FCommons%5Flicenses

Mozilla public license - It's complicated http://www.mozilla.org/MPL/mpl-faq.html

Apache license - Do more or less what you want with it (with some restrictions) http://en.wikipedia.org/wiki/Apache%5FLicense

GPL - Do whatever you want with it, but if you modify it and distribute it in any way, you MUST release the source code under the GPL. If any of your code contains GPL licensed code, your entire source code must be released under the GPL

LGPL - Mostly applies to libraries, you can link against a library or include the source code in your application as long as you do not modify the source code. Modified code must be released under the LGPL http://en.wikipedia.org/wiki/GNU%5FGeneral%5FPublic%5FLicense and http://en.wikipedia.org/wiki/GNU%5FLesser%5FGeneral%5FPublic%5FLicense

Please note, IANAL.

Answer 5

What you have to worry about is dependencies and chaining. You need to do more than examine the licenses of the open source libraries you use; you also need to examine all their dependencies as well. Your project will be subject to the lowest common denominator.

If you're really concerned, best to invest in a good lawyer.