Facing decisions about software distribution? Opting for a permissive arrangement like the modified Berkeley Software Distribution terms grants developers expansive freedoms. Specifically, this stipulation empowers you to use, modify, plus redistribute code in both source & binary forms for any purpose. However, retaining the original copyright notice & disclaimer is non-negotiable. Failure to do so introduces legal risks.
The critical constraint centers around warranty. Users receive the software “as is,” without any guarantee of functionality or fitness. Commercial vendors seeking liability protection should carefully examine this point. While generally advantageous for open-source projects and academic institutions, the lack of warranty support can be a drawback for deployments in enterprise settings.
Assess project goals against these conditions. This straightforward, adaptable copyright waiver simplifies integration with proprietary software. Weigh the benefits of widespread adoption versus the potential need for stronger copyleft safeguards. Choosing correctly prevents unforeseen complications down the line.
What Can You Do With Source Code Under the Revised Agreement?
Utilize the code in nearly any way desired. You can incorporate it into commercial applications, private projects, or redistribute it as part of a larger software suite, regardless of whether your final product is open or closed source.
Modification Rights
Adapt and alter the source to suit your specific needs. The redistribution instrument only mandates that you retain the original copyright notice, conditions, and disclaimer in any derivative works’ documentation or source files.
Commercial Use Cases
Monetize software incorporating the free-to-use component. Charge for distribution, support, customization, or any service associated with the software, giving you full autonomy over its commercial exploitation.
Using Permissive-Covenant Code in Commercial Projects
Integrate liberated-source code covered by this covenant directly into proprietary ventures without mandatory source code disclosure.
Acknowledge the original copyright holder in your project’s documentation (e.g., “This product incorporates software developed by [Copyright Holder]”). This satisfies the attribution mandate.
Modify the software to suit commercial needs. The freedom to adapt code is central to this covenant’s utility.
Distribute binary or object code versions of modified or unmodified versions without disclosing source code, supporting trade secret protection.
Understand compatibility with copyleft covenants. Combining code under this covenant with copyleft-protected modules (e.g., GPL) may require releasing the combined work under the copyleft covenant.
Consult with legal counsel about specific integration scenarios, especially if intellectual property implications are complex or involve patents.
Include the supplied covenant’s text within your distribution. This provides recipients with clarity about their rights.
Exercise caution regarding patent claims. The open-source nature of the code provides no warranty about freedom from patents. Conduct a patent search or consult with a patent attorney to mitigate risks.
Test the incorporated code thoroughly within the target commercial environment. This enhances stability for end-users.
Modifying and Distributing Software under the Revised BSD Grant
When adapting code under this permissive copyright agreement, always retain the original copyright notice. Include it within your modified source files, typically at the top. Failing to do so violates the agreement’s terms.
If distributing the adapted application in binary form, reproduce the full text of the agreement in the distribution documentation. This satisfies the requirement for acknowledgement and informs downstream recipients of their obligations.
When making changes, clearly document those alterations. Include a statement noting the modifications you implemented alongside the original copyright assertion in the modified files. This assists future developers in understanding the codebase’s evolution.
Commercial use of the software is authorized. The agreement doesn’t restrict generating profit from applications incorporating the code. However, ensure adherence to the notice preservation and disclaimer clauses.
Redistribution of the source code is permitted, provided the original copyright notice, conditions, and disclaimer remain intact. Do not remove or alter these elements.
This open-source accord does not grant trademark usage rights. You may not use the original author’s or entity’s name to endorse or promote your derived product without explicit, written authorization. This prevents implying endorsement where none exists.
Review the full agreement text before distribution. This aids in fully understanding your responsibilities and avoiding accidental non-compliance with the conditions governing the source material’s usage.
Understanding the Warranty Disclaimer
Assume no warranty. The redistribution permits usage “as is,” absent any guarantees regarding performance, suitability, or fitness for a specific objective. This protects the copyright holder from liabilities linked to utilization of the software.
Specifically, anticipate no express or implied warranties. This involves no assurance of merchantability (meeting basic commercial standards) or fitness for a particular purpose (serving a unique, intended function). Users bear complete responsibility for assessing if the software satisfies their requirements and accepting any resulting risks.
Verify compliance with local laws. The exclusion of liability might not be valid in all jurisdictions. Check relevant regulations regarding warranty disclaimers’ enforceability in your region to ensure adherence and mitigate potential legal issues. Consider consulting legal counsel for specifics.
Plan for support independently. Given the absence of warranties, develop internal support mechanisms, testing protocols, and bug-fixing strategies. Treat the code as-is, accepting full responsibility for its maintenance and proper functioning inside your unique ecosystem.
Review the entire grant of rights text. Understand how the warranty denial intertwines with other sections, particularly those discussing liability. A holistic awareness will assist you in making informed choices regarding integrating the software inside your ventures.
Attribution Requirements: How to Comply
Include the copyright notice, modification condition, disclaimer text, plus the initial agreement text in all redistributions’ source code. For binary distributions, provide this information in accompanying documentation.
Specific Actions for Code
If modifying code, retain the original copyright notice. Add your copyright notice *after* the original, indicating your changes. Include the full agreement text in a readily accessible file, such as “NOTICE” or “COPYING.” Reference this file in your documentation.
Acknowledging in Documentation
Acknowledge the original work’s authors in your software’s documentation, user manual, or “About” box. The phrasing could be: “This product includes software developed by [Original Author/Organization].” Prominently display the copyright notice and the full agreement text within this documentation.
Q&A:
Can I use code licensed under the BSD 3-Clause license in a commercial product without making my own code open source?
Yes, absolutely! The BSD 3-Clause license is very permissive. It allows you to use, modify, and distribute the code, even in commercial applications, without requiring you to open-source your own proprietary code. You just need to include the original BSD 3-Clause license and copyright notice in your product’s documentation or source code distribution. This makes it a favorite option for developers who want to share their code but don’t want to enforce a copyleft license like the GPL.
What exactly constitutes “redistribution” under the BSD 3-Clause license? Does it just mean distributing the source code, or does it also apply to distributing a compiled binary?
The term “redistribution” in the BSD 3-Clause license covers both distributing the source code and distributing compiled binaries. If you are providing the software, in either form, to others, you are redistributing it. Therefore, when distributing a binary, you are still obligated to include the license and copyright notice in a way that is accessible to the user.
What are the liabilities associated with using code licensed under the BSD 3-Clause license? Is the original author responsible if their code causes problems in my project?
A significant aspect of the BSD 3-Clause license is the disclaimer of warranty. The original author or copyright holder provides the code “as is,” without any guarantee of functionality or suitability for a specific purpose. They are not liable for any damages or problems that arise from using their code. You are using the code at your own risk. This protects the original author from legal action related to issues that might occur when someone integrates their code into a project.
If I modify code licensed under the BSD 3-Clause license, do I need to indicate the changes I’ve made in a specific way?
The BSD 3-Clause license doesn’t explicitly require you to document the specifics of *how* you’ve modified the code. However, it’s considered good practice and ethically sound to indicate that you have made modifications. You can do this by adding a note in the relevant files indicating your changes, your copyright, and the date of modification. While not legally mandated by the license, doing so helps others understand the provenance of the code and facilitates collaboration.
Can I change the BSD 3-Clause license to a different license, such as MIT, when redistributing modified code?
While you can’t literally change the original BSD 3-Clause license on the original code, you can license your *modifications* under a different license, assuming that license is compatible. The MIT license is compatible with the BSD 3-Clause license. However, you must still retain the original BSD 3-Clause license and copyright notice for the original portions of the code. So, the user of your combined work would effectively be bound by both licenses, with your modifications under MIT and the original parts under BSD 3-Clause. It is simpler to keep everything under the original license if possible.
I’m using BSD 3-Clause licensed code in a commercial product. Does the license require me to open source my product, or make my code freely available?
No, the BSD 3-Clause License is a permissive license, meaning it allows you to use, modify, and distribute the licensed code for commercial purposes without needing to open source your own code. You are only required to include the original BSD license notice in your distribution, acknowledging the original author’s work and disclaiming any warranty. You can keep your source code proprietary and charge for your product.
I found a piece of software released under the BSD 3-Clause License, and I want to modify it and include it in my project. What are the specific conditions or obligations I need to meet to comply with the license?
When incorporating BSD 3-Clause licensed software into your project, you must adhere to a few straightforward conditions. Firstly, you must reproduce the original copyright notice, the list of conditions, and the disclaimer as found in the original software. This notice needs to be included in any redistribution of the software, whether in source code or binary form. Second, the license explicitly states that the names of the copyright holders or contributors cannot be used to endorse or promote products derived from the software without specific prior written permission. Essentially, don’t imply endorsement unless you have express approval. Compliance with these conditions ensures you are rightfully using the software while respecting the rights of the original creators.
