licensing
10
3.1. about software licenses
There are two predominant software paradigms: Free and Open Source Software (FOSS)
and proprietary software. The criteria for differentiation between these two approaches is
based on control over the software. With proprietary software, control tends to lie more
with the vendor, while with Free and Open Source Software it tends to be more weighted
towards the end user. But even though the paradigms differ, they use the same copyright
laws to reach and enforce their goals. From a legal perspective, Free and Open Source
Software can be considered as software to which users generally receive more rights via
their license agreement than they would have with a proprietary software license, yet the
underlying license mechanisms are the same.
Legal theory states that the author of FOSS, contrary to the author of public domain
software, has in no way whatsoever given up his rights on his work. FOSS supports on the
rights of the author (the copyright) to impose FOSS license conditions. The FOSS license
conditions need to be respected by the user in the same way as proprietary license conditions.
Always check your license carefully before you use third party software.
Examples of proprietary software are AIX from IBM, HP-UX from HP and Oracle
Database 11g. You are not authorised to install or use this software without paying a
licensing fee. You are not authorised to distribute copies and you are not authorised to modify
the closed source code.
3.2. public domain software and freeware
Software that is original in the sense that it is an intellectual creation of the author benefits
copyright protection. Non-original software does not come into consideration for copyright
protection and can, in principle, be used freely.
Public domain software is considered as software to which the author has given up all rights
and on which nobody is able to enforce any rights. This software can be used, reproduced or
executed freely, without permission or the payment of a fee. Public domain software can in
certain cases even be presented by third parties as own work, and by modifying the original
work, third parties can take certain versions of the public domain software out of the public
domain again.
Freeware is not public domain software or FOSS. It is proprietary software that you can use
without paying a license cost. However, the often strict license terms need to be respected.
Examples of freeware are Adobe Reader, Skype and Command and Conquer: Tiberian
Sun (this game was sold as proprietary in 1999 and is since 2011 available as freeware).
3.3. Free Software or Open Source Software
Both the Free Software (translates to vrije software in Dutch and to Logiciel Libre in
French) and the Open Source Software movement largely pursue similar goals and endorse
similar software licenses. But historically, there has been some perception of differentiation
due to different emphases. Where the Free Software movement focuses on the rights (the
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