About Open Source Software (OSS)

“Open source has always been just a way to explain the idea of free software to entrepreneurs”, – Bruce Perens

Open-source software (OSS)

Is computer software that is released under a license in which the copyright holder grants users the rights to use, study, change, and distribute the softwareand its source code to anyone and for any purpose. Open-source software may be developed in a collaborative public manner. Open-source software is a prominent example of open collaboration, meaning any capable user is able to participate online in development, making the number of possible contributors indefinite. The ability to examine the code facilitates public trust in the software.

A 2008 report by the Standish Group stated that adoption of open-source software models has resulted in savings of about $60 billion per year for consumers.

Open source code can be used for studying and allows capable end users to adapt software to their personal needs in a similar way user scripts and custom style sheets allow for web sites.

Most open source software is also free. The definitions of open source and free software (hereinafter referred to as software) are not completely identical, but they are close, and most licenses correspond to both.

The difference between the goals of open source software and free software lies mainly in priorities. Proponents of the term “open source” emphasize the effectiveness of open sources as a method of development, modernization and maintenance of programs. Proponents of the term “free software” believe that the right of a person to freely distribute, modify and study the programs he uses is the main advantage of free and open software.

What is the source code of open programs available for?

– viewing;

– in the presence of license permission – for modification, which allows the user to participate in the finalization of the open program;

– for use when creating new programs – by borrowing the raw code, if license compatibility allows;

– to correct errors in it;

– to study the used algorithms, data structures, technologies, methods and interfaces (since the source code can significantly supplement the documentation, and in the absence of such, it itself serves as documentation).

There are also programs that are (in the opinion of some) open source, but not free, for example, UnRAR, a RAR archive decompressor. Its source code is in the public domain, but the license prohibits its use to create RAR-compatible archivers. There is also a whole class of software called commercial open source software or Open Core, which uses the term “Open Source” to refer to non-free software.

The name “Open Source” itself is not a trademark of the Open Source Initiative. However, there is a requirement for those who wish to use this organization’s logo to use the term Open Source only in relation to OSI-approved licenses.

There is a special committee that decides whether a license can use the Open Source Initiative trademark. The definition by which it is guided is given in The Open Source Definition.

1. Free distribution

This license does not restrict either party from selling or transferring the software as a component of a bundled distribution containing programs from several different sources. The license does not require the payment of royalties or other consideration for such sales.

2. Source code

The program must contain source code and allow distribution in both source code and compiled form. If some form of product is not distributed with the source code, there should be a well-advertised way to obtain the source code at a price not exceeding a reasonable reproduction cost, preferably free to download over the Internet. The source code must be in the form preferred by the programmer when modifying the program. Deliberately obfuscated source code is not allowed. Intermediate forms such as preprocessor or translator output are not allowed.

3. Derivative works

The license must allow modifications and derivative works, and must allow their distribution under the same terms as the license of the original program.

4. Integrity of the author’s source code

The license may restrict distribution of the source code in modified form only if the license permits the distribution of “patch files” with the source code for the purpose of modifying the program during assembly. The license must explicitly permit the distribution of software compiled from modified source code. The license may require that derivative works have a different name or version number than the original software.

5. No discrimination against individuals or groups

The license must not discriminate against any person or group of persons.

6. Absence of discrimination in relation to spheres of activity

The license should not restrict anyone from using the program in a certain field of activity. For example, it cannot limit the use of the program in business or genetic research.

7. License distribution

The rights associated with the program must be extended to everyone to whom the program is transferred, without the need for an additional license to be issued by these persons.

8. The license must not be product specific

The rights granted to a program should not depend on whether the program is part of a particular software distribution. If the program is extracted from this distribution and used or distributed under the terms of the program license, all parties to whom the program is distributed must have the same rights as those provided with the original distribution of the program.

9. The license must not limit other software

The license must not impose restrictions on other software that is distributed with the licensed software. For example, the license should not insist that all other programs distributed on the same medium must be open source programs.

10. The license must be technologically neutral

No provision of the license may depend on any particular technology or interface style.

Building the OSI organization

The Open Source Initiative (OSI) is a non-profit organization that promotes open source software. But even if the software’s source code is disclosed, it is not considered open source unless it is covered by a license that meets the OSI definition of open source.

The term open source was created together with the definition in 1998 by OSI founders Eric Raymond and Bruce Perens, who argued that the term free software in the English language was ambiguous and confused many commercial entrepreneurs.

The label “open source” was coined at a strategy session held on February 3, 1998 in Palo Alto, California, shortly after the announcement of Netscape’s source code release. The strategy session grew out of the recognition that the attention surrounding Netscape’s announcement created an opportunity to educate and promote the benefits of an open development process.

The conference participants believed that the pragmatic business rationale that prompted Netscape to release its code illustrated a valuable way to engage with potential users and software developers and persuade them to build and improve the source code by participating in a participatory development community. The conference participants also believed that it would be useful to have a single designation that would identify this approach and distinguish it from the philosophical and political designation of “free software.” Brainstorming for this new name eventually settled on the term “open source,” originally suggested by Christine Peterson.

Adoption of the term came quickly, thanks to the support of community figures such as Linus Torvalds, and following the Free Software Summit in April 1998, which was attended by many key individuals, including the founders of sendmail, Perl, Python, Apache, as well as representatives of the IETF and Internet Software Consortium.

The goal of the original Board was to create a sustainable organization that would represent the open source community and govern the Open Source Definition. To that end, it adopted a charter (last revised in 2011), obtained IRS recognition as a 501(c)3 non-profit organization (in 2003), and established trademark regulations.

Constantly working to expand its base, OSI became a truly international organization in 2005, when directors from Europe, South America, Japan and India joined it. In 2011 and 2012, it further deepened its community ties by launching an affiliate program, electing affiliate-nominated directors, and launching an individual membership program.

OSI keyhole logo

The OSI logo, which combines the letter “O” (open) and a keyhole to unlock the source code, was designed by Colin Vibrock.

Evaluation of licenses

One of the first tasks OSI undertook was to develop an Open Source Definition (OSD) and use it to begin creating a list of OSI-approved licenses.

Originally, the definition of open source was derived from the Debian Free Software Guidelines (DFSG). Bruce Perens wrote the initial DFSG draft, which was edited, refined, and approved as official policy by the Debian development community in 1997. The open source definition was created when OSI was launched in February 1998 by revising DFSG and removing Debian-specific references.

By October 1999, OSI published its first official list of approved licenses. The OSI License List, which has been updated several times since then, remains the canonical list of open source licenses and is referenced by many third parties, including governments and standards bodies.

If your software contains an OSS part, but you want to protect intellectual property on your own development, then you cannot do without a professional lawyer. Our company has experience and specialists who will help realize the idea of protecting your rights and tell you how to build your own IT business without forgetting about copyright.

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