Intellectual Property Licenses

Type of Intellectual Property

Software Licenses

Proprietary Licenses

Proprietary software licenses, also known as closed-source licenses, restrict access to the software's source code and limit how the software can be used, modified, or distributed. Under these licenses, the software is owned by an individual or company, and users are granted limited rights to use the software under specific conditions.

Characteristics

• Restricted Access: Users cannot access or modify the source code.
• Usage Limitations: Licenses often specify how and where the software can be used.
• No Redistribution: Users are typically prohibited from redistributing the software.

Examples

Microsoft End User License Agreement (EULA): This license outlines the terms under which users can use Microsoft's software products. It typically restricts copying, modifying, or redistributing the software.

Oracle License: Oracle's licensing agreements define how their software can be used, often including restrictions on usage in virtualized environments and specifying licensing metrics for different deployment scenarios. Oracle

Implications Proprietary licenses can lead to vendor lock-in, where users become dependent on a single provider for software and support. This model can limit innovation and flexibility, as users cannot modify the software to suit their specific needs.

Open Source Licenses Open-source licenses allow users to access, modify, and distribute the software's source code. These licenses promote collaboration and sharing, fostering innovation and community-driven development. Open-source licenses are generally divided into two categories: permissive and copyleft. Wikipedia +1 Snyk +1

Permissive Licenses Permissive licenses impose minimal restrictions on how the software can be used, modified, and redistributed. They allow proprietary use of the software, meaning that modified versions can be distributed under different terms, including closed-source licenses. Wikipedia

Examples MIT License: A simple and permissive license that allows reuse within proprietary software, provided that the license is included with the software.

BSD License: Similar to the MIT License, it permits redistribution and use with minimal restrictions.

Copyleft Licenses Copyleft licenses require that any modified versions of the software also be distributed under the same license terms. This ensures that the software and its derivatives remain free and open. Snyk

Example GNU General Public License (GPL): A widely used copyleft license that mandates that derivative works be licensed under the GPL as well, ensuring that the software remains free and open for future users.

Implications Open-source licenses encourage transparency, collaboration, and rapid innovation. They allow developers to build upon existing work, reducing duplication of effort and fostering a community-driven approach to software development. However, the choice between permissive and copyleft licenses can influence how the software is used in commercial settings. Permissive licenses may be more attractive to businesses seeking to incorporate open-source code into proprietary products, while copyleft licenses ensure that improvements remain open and accessible to the community.

Creative Works Licenses

Creative Commons (CC): Standardized licenses for creative content.

Variants: CC BY, CC BY-SA, CC BY-NC, etc. . Wikipedia

Patent Licenses

Exclusive Licenses: Only the licensee can use the patent.

Non-Exclusive Licenses: Multiple entities can use the patent.

Compulsory Licenses: Governments allow use without the patent holder's consent under specific conditions.

Trademark Licenses

Franchise Agreements: Allow use of trademarks under specific business models.

Merchandising Licenses: Permit use of trademarks on products.

By Degree of Openness

Closed/Proprietary: Restrictive; limits access and modification.

Shared Source: Limited sharing under specific conditions.

Open Source/Public Domain: Free to use, modify, and distribute.

By Intended Use

Commercial Licenses: For profit-driven activities.

Non-Commercial Licenses: Restrict use to non-profit activities.

Educational Licenses: Tailored for academic institutions.

Government Licenses: Specific to public sector usage.

By Licensing Model

Royalty-Free: No ongoing payments required.

Rights-Managed: Fees based on usage parameters.

Sublicensable: Allows licensees to grant licenses to third parties.