Author Topic: What licens should I chose?  (Read 5071 times)

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Offline FriedMule

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What licens should I chose?
« on: December 04, 2021, 07:19:26 pm »
This is not about hardware but software, but it is still open source, I am looking for the right license to put it under.

My goal is to give as great freedom for non-commercial usage, but as restrictive as possible toward anyone who try to make money or take ownership of the project. In short, shall this remain free for all and nobody may make it their own in any form.

I have looked at AGPL but aren't sure it fits the bill?
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Offline I wanted a rude username

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Re: What licens should I chose?
« Reply #1 on: December 06, 2021, 07:52:11 am »
AGPL is the right licence if your project provides an online service. If your project doesn't do that, AGPL has no benefit over GPL. Both are "copyleft" licences which will indeed help you achieve your aims ... not by treating commercial use any differently than non-commercial, but simply by requiring everyone who distributes a derivative to also provide the code, including their improvements.
 

Offline FriedMule

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Re: What licens should I chose?
« Reply #2 on: December 06, 2021, 02:15:30 pm »
Thanks, I was looking at the AGPL because, as I understand it, does the GPL not prevent anyone from renting the software out, as long it is done via network or cloud, while AGPL restricts that part also.

My goal is to make a program truly free or gratis for everyone, while preventing anyone at all for, ever been able to use parts of the code to get money. I have seen too many open source projects where part or the whole code has been used as the main foundation with little to no change to then get sold.
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Online tunk

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Re: What licens should I chose?
« Reply #3 on: December 06, 2021, 03:51:56 pm »
How are you going to enforce it?
Out of curiosity, any examples of "code has been used as the
main foundation with little to no change to then get sold"?
 

Offline Benta

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Re: What licens should I chose?
« Reply #4 on: December 06, 2021, 07:54:28 pm »
What does your "code" have to do with "Open Source Hardware"?

 

Offline RoGeorge

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Re: What licens should I chose?
« Reply #5 on: December 06, 2021, 08:16:36 pm »
My understanding about licensing is that it can be whatever you want, as long as your requests are not illegal.  It doesn't necessarily has to be some standard license.  It's a contract you can shape however you like.

For example, you can make your own license saying exactly that "mention the author, free only for non-commercial use, otherwise requires written consent from the author".

Offline FriedMule

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Re: What licens should I chose?
« Reply #6 on: December 08, 2021, 06:05:28 pm »
My question has nothing to do with hardware but still open source as I wrote in the first post:-)

Yes I could maybe write my own license, but how will it be looked at in a court, is it legally binding, are there any loopholes?
Therefor, do I think an already written agreement will do better.
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Online m98

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Re: What licens should I chose?
« Reply #7 on: December 08, 2021, 11:38:21 pm »
There is no true license but the Unlicense.
 
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Offline mazurov

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Re: What licens should I chose?
« Reply #8 on: January 11, 2022, 05:23:05 am »
Yes I could maybe write my own license, but how will it be looked at in a court, is it legally binding, are there any loopholes?
Therefor, do I think an already written agreement will do better.

https://en.wikipedia.org/wiki/Copyright_registration says that "Copyright in most countries today is automatic on "fixation" – it applies as soon as the work is fixed in some tangible medium." In the states code pushed to Github is recognized as tangible medium, modern lawyers even understand what "SHA of the commit" means. If Denmark is like the most countries, this is also true there. You can grab any license text you like, Creative Commons Non-Commercial seems to fit your case.
With sufficient thrust, pigs fly just fine - RFC1925
 

Offline RoGeorge

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Re: What licens should I chose?
« Reply #9 on: January 11, 2022, 08:50:16 am »
This site has a brief about most of the existing licensing models, in one line and plain English:
https://tldrlegal.com/

Online Zipdox

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Re: What licens should I chose?
« Reply #10 on: March 08, 2022, 11:57:51 am »
The GPL licenses are the de-facto best software licenses, unless you WANT companies to use your code in their proprietary programs. "Weak" licenses like MIT and BSD are effectively the same as making your code public domain, so it's pointless to use them. "Strict" copyleft licenses are the only way to ensure that you code remains free.

I suggest you read this article. While the language may be slightly inappropriate, the point being made is extremely valid.

If your program runs standalone on a computer, use GPL-3.
If your program provides a service over a network, use AGPL-3.
If your program is a library intended to be used in other programs, use LGPL-3.

I advise against writing your own license for several reasons:
  • Your license would first need to get approved by the FSF or OSI to be considered free software or open source.
  • You might forget something which results in loopholes that have already been thought out in established licenses.
  • Your code becomes incompatible with integration into other free software.
  • Distributions might be reluctant to package your software.
  • Your license might satisfy your requirements, but it might not abide by the FSF free software requirements or the OSI requirements, effectively not making it free software or open source.

I wouldn't worry about people selling your software. If it's available for free, I doubt anyone would pay money for it, unless they are very misinformed, in which case, it isn't really your problem.
« Last Edit: March 08, 2022, 12:09:29 pm by Zipdox »
 

Online Zipdox

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Re: What licens should I chose?
« Reply #11 on: March 08, 2022, 12:01:30 pm »
There is no true license but the Unlicense.
Did you even read the post? This literally contradicts OPs requirements. Using the unlicense is effectively like writing a company's proprietary software for free.
 

Online m98

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Re: What licens should I chose?
« Reply #12 on: March 26, 2022, 12:39:37 am »
There is no true license but the Unlicense.
Did you even read the post? This literally contradicts OPs requirements. Using the unlicense is effectively like writing a company's proprietary software for free.
I simply advocate for using licenses that bring freedom in and keep the lawyers and buerocrats out. Why would I care how someone uses something I wrote? It's not like I'm getting paid regardless.
 
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Offline cdev

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Re: What licens should I chose?
« Reply #13 on: April 13, 2022, 02:11:59 pm »
If they use it commercially, but sell it affordably, I don't see them as being "for profit", so much. To me, It depends on how much they charge.


Thanks, I was looking at the AGPL because, as I understand it, does the GPL not prevent anyone from renting the software out, as long it is done via network or cloud, while AGPL restricts that part also.

My goal is to make a program truly free or gratis for everyone, while preventing anyone at all for, ever been able to use parts of the code to get money. I have seen too many open source projects where part or the whole code has been used as the main foundation with little to no change to then get sold.

Yes, I agree. But there are lots of FOSH products that are priced quite affordably and that does make a big difference.
"What the large print giveth, the small print taketh away."
 

Offline free_electron

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Re: What licens should I chose?
« Reply #14 on: April 13, 2022, 03:05:48 pm »
"The following sourcecode is free to use in non-commercial applications and no profit can be made of it or derived products except by the original writer. Code is as-is and the user accepts any risk when using it."


that's really all you need.
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Any comments, or points of view expressed, are my own and not endorsed , induced or compensated by my employer(s).
 

Offline Benta

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Re: What licens should I chose?
« Reply #15 on: April 14, 2022, 08:46:20 pm »
The one the OP needs is:
Creative Commons, CC BY-NC-SA (or perhaps CC BY-NC).

https://creativecommons.org/licenses/

Those are bullet-proof.
« Last Edit: April 14, 2022, 08:48:24 pm by Benta »
 


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