Abstract
Users of open source software can be divided into two camps: those who simply use open source software and those who modify it. "Users" get a wonderful deal. "Modifiers" can be walking into dangerous territory, depending on what type of open source software they are building their modifications. "Open Source" software is distributed under a variety of different licenses. For example, modifiers who use the Gnu Public License (the GPL) as a basis for their modifications will not be able to keep their modifications and additions proprietary. In contrast, modifiers using more benign open source licenses (such as the Apache license) have few problems. The vague and unclear language of the GPL makes the rights and duties of software modifiers unclear. Because courts have provided no clear guidance on how to interpret the GPL, modifiers are left guessing as to how the GPL affects their modified software. Some areas of uncertainty include: what constitutes derivative work distribution , what constitutes a , and how open source licenses affect patent rights. In some cases (such as the GPL), the modifier cannot choose to release the modified software under a different license than he received it. |
