Question about the MIT License and open/closed source

Question

Hallo,

I have a small useful application (Websites managment tool developed in Java) which I want to publish online for free (every one can use it for free). But I do not want to make it opne source yet. It is additional affort to clean up the code, documantation and so on... And this is just a small useful tool.

Can I use the MIT license in this case, or the MIT license obligates me to distribute the source code? Which license is best in this case?

Thanks.

Answer 1

The MIT license (or any other license) doesn't obligate you to publish the source code, or do anything else. You are the proud owner of this project. You give other people license to use your project in certain ways.

The following statement clearly shows that the software is provided "AS IS". This state might or might not include the source code. Whatever you decide, the potential user has to accept.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT.

Answer 2

So, are you wanting to make the app available as an executable rather than distributing the source, ie just like any 'normal' provider of software? If so, you have lots of options for you rlicence, again just like any normal software provider. The fact that your software happens to be free and non-commercial doesn't change much.

You could have a very simple licence, which you can formulate yourself. Just ask yourself the following questions and then use your answers to create a licence in plaiun English:

1. Who can use the application? Anyone? Non-commercial use?
2. What can they use it for? Their own personal use and not for resale or otherwise for commercial gain?
3. Are there any caveats? For example, "the software is licensed as-is"
4. How can your application be distributed? For example, can users distribute the application to others or make it available on other web sites?

You can be safe by adding an exclusion clauses as follows: "I am making this application available free of charge on the strict basis that I have no liability whatsoever and howsoever arising out of your use of the application."

You don't actually say in your post the reason why you want to publish, and the answer to that question might also influence your licence. For example, if you want to raise your profile as someone who writes useful applications, then you might want to include a sentence in the licence which says something like "This application can be freely distributed subject to XXXXX being clearly identified as the author of the application".