Need to distribute your software but prefer a permissive open-source authorization? This guide focuses on one particular liberal agreement, walking you through its key stipulations and offering practical insights on usage. Learn how this authorization balances freedom and liability protection.
Specifically, we analyze the standard modified Berkeley Software Distribution agreement. This arrangement allows near-unrestricted use, modification, and distribution, even for proprietary purposes. Crucially, it only mandates crediting the original authors in your distribution. Compare this to other popular open-source structures like GPL or MIT; understanding the distinctions will guide your choice.
This document clarifies the subtle, but significant, clauses defining your obligations and rights. Explore the implications of the warranty disclaimer and how to correctly fulfill the attribution requirement. Incorrect implementation can invalidate the open source nature of your project.
Can I Use This Code Commercially?
Yes, you can use code under this permissive open-source arrangement for commercial purposes. This entails integrating the code into proprietary applications, selling it, or using it to develop profit-generating services. The core stipulations are that you retain the original copyright notice, the conditions, and the disclaimer in your distribution. Always include the full text of the original copyright authorization.
If distributing the code, ensure you provide attribution to the original author(s). This doesn’t force you to open-source your derived application; you can keep your modifications private. Consider mentioning the use of the open-source component in your product documentation or “About” section. Review the specific authorization text for any additional developer-specific requirements.
There is absolutely no guarantee regarding the code’s suitability for a specific purpose. Developers provide it “as is.” You are entirely responsible for any risks linked to utilizing it. The copyright holders bear no culpability for damages resulting from using the work.
What Are My Obligations If I Use This Code?
Retain the original copyright notice and disclaimer. This means including the initial copyright statement within your code, documentation, and distribution materials derived from the work.
Include the full text of the rights grant in your distribution. When sharing modified or unmodified versions, append the complete declaration to the distribution medium (e.g., in a README file or at the beginning of source files).
You are not obligated to distribute your modified source code. The permissive character of this software distribution agreement permits proprietary modifications and closed-source redistribution.
The original author and copyright holder provides the software “as is,” with no warranties. You acknowledge this condition and agree that they bear no liability for damages arising from your use. Review the provided disclaimer carefully.
This authorization does not grant trademark rights. Usage of the original project’s trademarks requires explicit consent from the copyright holders. Obtain authorization separately, if required.
Do I Have to Release My Changes to This Code?
No. This permissive software agreement mandates attribution, not contribution. Modifying the original work doesn’t obligate you to share alterations publicly.
Closed-Source Derivatives
You can create proprietary (closed-source) applications leveraging code secured under this liberal distribution agreement. The condition: retaining the original copyright notice, a list of conditions, and the disclaimer within your software and its documentation. Distributing modifications under a more restrictive software policy is permissible.
Open-Source Alternatives
Alternatively, you might redistribute your modified version under a similar open-source agreement. You’re free to select another permissive arrangement, such as the MIT deal or Apache permit, or even a copyleft scheme like GPL.
| Scenario | Obligation to Release Changes |
|---|---|
| Using the code ‘as is’ in a proprietary application. | No. Retain original notices. |
| Modifying the code and using it in a commercial product. | No. Adhere to notice requirements. |
| Redistributing a modified version under GPL. | Yes. GPL necessitates sharing source code. |
Is the Original Author Liable For My Use of the Code?
No, the author provides the source code “as is.” By using it, you agree that the author is not responsible for any damages or issues arising from its use. This provision shields the author from liability.
Specifically, the small print explicitly states there is no warranty. This suggests the original developer offers no guarantee of the software’s correctness, suitability, or fitness for a particular application. Your use carries inherent risks. Seek expert advice if you need assurances.
To minimize your legal exposure, test the software extensively before deployment. Document any modifications or additions you make. Purchasing indemnity insurance might further safeguard your position, depending on your specific application.
How Do I Include the Grant in My Project?
Integrate the permissive software authorization via two distinct actions. First, duplicate the entire text of the arrangement into a file named, for example, “LICENSE” or “COPYING” at the root level of your software repository. Ensure this file is easily accessible to users.
Second, incorporate the copyright notice into each source file you distribute. This typically involves adding a comment block at the top of each file. The precise format depends on the programming language, but should mimic this structure: “Copyright (c) [Year], [Copyright Holder] All rights reserved.” Below this, add the complete text of the modified terms agreement. Distribute all source code and accompanying documentation with these provisions.
Consider utilizing a software bill of materials (SBOM) to catalog all software components, including those governed by this type of authorization. Tools like SPDX and CycloneDX facilitate the creation and management of SBOMs.
Q&A:
I’m developing a commercial application. Can I include a library licensed under the BSD 3-Clause License in my project without making my entire application open source?
Yes, absolutely. The BSD 3-Clause License is permissive, meaning it allows you to incorporate the licensed code into commercial applications without requiring you to open source your application. You only need to adhere to the conditions of the license: include the original copyright notice, the list of conditions, and the disclaimer within your application or its documentation. You are free to use, modify, and distribute the code as you see fit, including selling it as part of a proprietary product.
If I modify code that is under the BSD 3-Clause License, do I have to release my modifications under the same license?
No, you are not obligated to release your modifications under the BSD 3-Clause License. The license permits you to use the code in your projects, even if you modify it significantly, and to distribute your modified version under a different license, including a proprietary one. The only requirements are that you retain the original copyright notice, the conditions, and the disclaimer in your distribution (usually in the source code or documentation) and do not remove or alter the original license information from the BSD-licensed portions of the code.
What are the main differences between the BSD 3-Clause License and the MIT License?
The BSD 3-Clause License and the MIT License are very similar and both are considered permissive open source licenses. The primary difference is the specific wording of the license itself. The BSD 3-Clause License includes a clause prohibiting the use of the copyright holders’ names or contributions for endorsement or promotion without specific prior written permission, which is not found in the MIT License. However, in practice, both licenses achieve very similar outcomes: granting broad permissions to use, modify, and distribute the software with minimal restrictions, making them favorable for developers who want to allow wide use of their code.
Where exactly do I need to include the copyright notice and disclaimer when using BSD 3-Clause licensed code in my project?
The copyright notice, list of conditions, and disclaimer should be included in a manner that is reasonably visible to users of your software. A common practice is to include these in the source code files that incorporate the BSD-licensed code. Another approach is to include a copy of the license text in your application’s documentation (like a `LICENSE.txt` or `NOTICE.txt` file) or within an “About” dialog. The exact location isn’t strictly defined, but the goal is to ensure that anyone using your software can access and understand the terms under which the BSD-licensed component is being used.
