Understanding the BSD 3-Clause License – Permissions, Conditions, and Limitations

Understanding the BSD 3-Clause License – Permissions, Conditions, and Limitations

Understanding the BSD 3-Clause License – Permissions, Conditions, and Limitations

If you’re seeking a flexible yet permissive copyright authorization scheme for your software or creative works, the modified New Allocation Permit offers an appealing option. This document grants recipients expansive rights, allowing them to use, modify, redistribute, and commercialize your work, provided they adhere to a few core stipulations. Crucially, maintain your original copyright notice in derivative versions, including a disclaimer that you, as the original author, are not liable for any issues arising from the modified versions. Failure to comply will result in voiding the permission.

Applying this authorization involves embedding the full text within your project files, typically accompanied by a clear indication in your project’s README or similar documentation. Avoid ambiguity: explicitly state that the work is authorized under the conditions outlined in the specified allotment document. It’s vital to understand that this permission is irrevocable once granted; you cannot withdraw rights from parties who have already received your work under its purview.

Consider the implications of this distribution covenant before implementation. Its broad permissions make it ideal for projects where widespread adoption and modification are priorities, even at the cost of losing strict control over derivative works. Weigh this against more restrictive options if maintaining tight control over your intellectual property is paramount. For example, the Apache 2.0 covenants offers patent protection, while the GNU General Public Covenant requires derivative works to also be published under similar terms. The choice hinges on your strategic objectives regarding distribution and contribution within the open-source community.

What Can I Do With Software Under the Revised Agreement?

Utilize the code for nearly any purpose. This encompasses private application development, internal corporate projects, crafting commercial software for sale, academic research, modifying the source, distribution of derivative works, creating closed-source counterparts, or incorporating it within a larger system.

Key Permissions

You are granted the liberty to modify the source code. Redistribution, whether in source or binary form, is permissible, provided the copyright notice remains intact. Commercial exploitation is explicitly authorized.

Obligations to Fulfill

Retain the original copyright notice, disclaimer of warranty, list of conditions in all copies. Do not use the copyright holder’s name to endorse or promote products derived from the code without prior written consent.

What Restrictions Does the Modified New Permissive Agreement Impose?

Minimal constraints exist. You must retain the original copyright notice, conditions list, and disclaimer in all source code distributions.

Redistribution Requirements

When distributing binary forms, ensure the copyright notice, conditions list, and disclaimer are reproduced in the documentation or other materials provided with the distribution. Failure to do so violates the agreement.

Non-Endorsement Clause

The name of the copyright holder or contributors cannot be used to endorse or promote products derived from this software without specific prior written permission. This prevents implying endorsement where none exists.

How Do I Properly Attribute Code Under This Permissive Covenant?

Include the original copyright notice, a list of conditions, & the disclaimer in all copies or substantial portions of the software. Distribute these as part of your code’s documentation or within a readily accessible “NOTICE” file.

Specifically, retain the text block beginning with “Copyright (c) [Year] [Copyright Holder]” through the end of the disclaimer section. This ensures compliance with attribution demands.

Example “NOTICE” file content (adjust [Year] & [Copyright Holder]):

Copyright (c) [Year] [Copyright Holder]
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS & CONTRIBUTORS "AS IS"
& ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY & FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED & ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

If modifying code, explicitly state the changes made. Add a note such as “Modified version of [Original Project Name], see [Commit Hash or URL]” next to the copyright notice.

For web applications, display the attribution notice in the “About” section or a dedicated “Attributions” page. Ensure it’s visible to end-users.

Can I Combine BSD-Licensed Code with Other Permissions?

Yes, generally. The permissive nature of the revised artistic freedom grant allows integration with code under various other distributions. However, evaluate compatibility carefully to avoid conflicts.

For GPL (GNU General Public art freedoms), linking is typically permissible, but redistributing the combination might necessitate distributing the whole work under GPL. Consult a legal expert for definitive guidance.

With more restrictive arrangements, like those requiring attribution in prominent locations, ensure you fulfill all requirements from both grants. The artistic freedom conveyance obligations are minimal, usually involving retaining the copyright notice.

When integrating with code under the Apache permit, no significant conflicts arise, as both permits emphasize freedom of use, modification, and distribution. Ensure attribution as per both arrangements.

Consider dual-licensing your project. You can offer it under both the revised academic permissions framework and another scheme, giving users a choice.

Always review the specifics of each artistic freedom grant involved to verify complete fulfillment of all obligations after integration.

Is the Simplified Free Software Permit Suitable for My Endeavor?

Select this permissive grant if your primary goal is wide adoption with minimal restrictions on derivative works. It permits nearly unfettered reuse, modification, distribution, both commercially and non-commercially. This makes it advantageous for open-source components intended for integration into proprietary software.

It’s less suitable if you require copyleft restrictions, compelling derivative projects to remain open-source. Grants such as GPL better safeguard this requirement. Consider also if you prefer tighter control over how your software is utilized, e.g., prohibiting specific uses or requiring specific attribution forms beyond the initial copyright notice. The permit’s brevity streamlines compatibility with other open-source frameworks, reducing conflicts commonly faced with more restrictive alternatives.

Assess the long-term consequences of allowing proprietary derivatives. If accepting closed-source forks is a acceptable outcome, the lenient nature promotes collaboration and broader adoption. Ensure your project documentation accurately reflects the terms of the arrangement and contains the required copyright notice.

Review existing open-source initiatives using comparable permissions like the MIT agreement or Apache 2.0 permit. Evaluate their outcomes to foresee potential benefits and drawbacks regarding community engagement and commercial exploitation of your work. Understand that while liability is disclaimed, you’re still responsible for secure coding practices.

Q&A:

I’m developing a commercial application and want to include a BSD 3-Clause licensed library. Can I restrict access to the source code of *my* application while still complying with the BSD 3-Clause license obligations for the library?

Yes, you absolutely can. The BSD 3-Clause license only requires that you retain the original copyright notice and the disclaimer in your distribution. It does *not* compel you to open source your own application code, even if that application uses the BSD-licensed library. You can distribute your application under a proprietary license without issues, as long as you adhere to the BSD 3-Clause conditions regarding the library’s copyright notice and disclaimer.

What exactly does “redistribution” mean in the context of the BSD 3-Clause license? Does it only apply to selling the software, or does it also cover internal use within a company?

The term “redistribution” under the BSD 3-Clause license encompasses more than just selling software. It refers to any act of providing a copy of the software (or a derivative work) to another party. This includes making the software available for download, providing it on a physical medium, or distributing it within an organization. Internal use by itself generally doesn’t trigger the redistribution clause. However, if you modify the BSD-licensed software and then distribute the modified version to other employees within your company, that *is* considered redistribution and the license terms then apply. So, just internal use of the *original* BSD-licensed software does not require adhering to the license, but distributing a modified version *does*.

I’ve modified a BSD 3-Clause licensed piece of software. Do I need to submit my changes back to the original author?

No, the BSD 3-Clause license does *not* require you to contribute your modifications back to the original author or project. You are free to keep your changes private, distribute them only within your organization, or release them under a different license (provided you meet the BSD 3-Clause requirements for the original code). The license is permissive in this regard, granting you considerable flexibility in how you use and distribute modified versions of the software.

If I link a BSD 3-Clause licensed library to my GPL-licensed software, is there any license incompatibility?

No, the BSD 3-Clause license is generally considered compatible with the GNU General Public License (GPL). This is because the BSD license is a permissive license that allows you to use the code in almost any way, including in proprietary software. Since the GPL requires that derivative works also be licensed under the GPL, and the BSD license allows for this, there is no conflict. You can link a BSD-licensed library to your GPL-licensed software, and the resulting combined work will be governed by the terms of the GPL, with the BSD license requirements satisfied by including the original copyright notice and disclaimer for the library.

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