Issue link: https://htpgraphics.uberflip.com/i/246988
The Licence – the Basics Section 5 There are several ways to license software. Often the licensor of the software may want to limit the licensee's use of the software. For example, the licence may only grant access to the object code and provide that the software must not be altered or modified without the licensor's consent. However, if you wish to ensure as wide a distribution as possible for your software and you wish to allow users greater freedom to contribute to the functionality of the software, an open source licence of the software may be appropriate. Open source software (OSS) is provided under a licence which allows the source code to be copied, modified and redistributed. There are many different types of OSS licence. The most widely used is the General Public Licence (GPL) which is developed and maintained by the Free Software Foundation. Generally, the GPL allows a user to copy, modify and redistribute the program. However, if it is redistributed, the source code or an offer to provide the source code, must be distributed with the object code. There are other licences which impose fewer conditions than the GPL. For example, the BSD licence is shorter and more flexible than the GPL and grants wide rights to redistribute and use the software. For more information visit www.opensource.org. As OSS licensing is complex, you should always seek specialist advice before entering into any such licence. If you are only licensing the object code of software your licensee may ask you to enter into an Escrow Agreement. This is an agreement with a third party known as an Escrow Agent: there are several specialist companies which act as Escrow Agents. It means that you lodge a copy of your source code with the Escrow Agent on the basis that the source code will only be released to your licensee in specific circumstances e.g. if you or your institution becomes insolvent or fails to maintain the software. What can the licensee do with the licensed IP? You must clearly specify exactly what the licensee is permitted to do with the licensed IP. Be careful not to offer the licensee too much freedom if it is not in fact necessary. There are various ways you can limit the scope of the licence you are granting. These are illustrated in Figure 3. 28