Software Licensing - What Conditions?

[Peter J Seymour]

This item follows on from the long thread in s.g.britain about the
rights and wrongs of software CDs being sold on. As a prospective
software seller myself (UK-based), this is a matter of some interest to
me. I feel it would be useful if there was a standard set of license
conditions for consumer-style genealogical software and data. Hopefully,
this would make it more likely that people understood the issues
and didn't flout license conditions.
What I am doing in this item is to sketch out some of the issues and
relevant conditions. I'm not a legal expert, so these are just some
ideas based on my exposure to a variety of licenses over the years.
Also, as far as I am aware, no particular national position is being
taken, the conditions are intended to be "international".
Readers may be interested in commenting on what follows with a view to
firming up some standard license conditions. The conditions are intended
to be clear and fair rather than opaque and onerous. It's not quite a
chance to write your own license, but it's a bit like that.

PRE-SALE

Either (where physical media are involved)

a) "You must read and accept the conditions in this license before
breaking the seal on this package. If you do not accept any of the
conditions in the license you may return the package with seal intact
to the place of purchase for a full refund."

it follows that the license must be visible and readable.
it also follows that if the seal is broken you can't get a refund.
Also, it seems advisable for the seller to bring this to your attention
otherwise they may be at fault.

Or (for downloading)

b) "You must read and accept the conditions in this license before
downloading the software/data. If you do not accept any of the
conditions in the license you may not download the software/data."

and that probably should imply you can't pay either if you don't agree.
A variation would be whether you pay on downloading the software
or on obtaining a registration key.


LICENSE (example clauses)

1. "This software/data is licensed not sold."

Makes the basic position clear.

2. "...grants you a non-exclusive, non-transferable license to use..."

The particular terms of the license - uncontroversial. Business
software would tend to be "transferable", usually high-priced and
treated as a business asset. Consumer software would tend to be
"non-transferable", usually at a "throw-away" price (relatively
speaking).

3. "The software/data remains the intellectual property of ...".

In the case of data (Census etc), this might not be the software
manufacturer. In this case there needs to be a statement somewhere
of the original license conditions for the data.

4. "The software/data may be installed on a maximum of two (?) computers
kept at the registered address provided that multiple copies
may not be in use simultaneously."

The intention is to avoid inconveniencing someone who has for instance
both a desktop and a laptop computer.

5. "Where the software/data is delivered on physical media, these media
remain the property of ... and must be returned to ... when you cease
to use the software/data."

Reinforces point(1). Not normally seen previously for consumer software.
The media exist solely to convey the software and are not otherwise
part of the transaction.

6. "If you downloaded the software/data, the copy you downloaded is for
your exclusive use and you may not pass on the copy or a copy of your
copy to another party."

Similar to (4) and also note that a downloaded copy may be keyed to
you personally in someway (eg there may be an embedded registration
key, name etc).

7. "When you cease to use the software/data you must delete it and all
copies of it from your computer(s)."

Goes with (4)

8. "In no circumstances may you sell, transfer, lend or pass on the
software/data or any physical media on which you received the
software/data to another party."

Already covered but being entirely explicit.

9. "If you do not accept the conditions in this license, you may not use
the software/data."

Fair enough. Note that you do not have to agree, just accept.


NOT STATED

- Professional or private use.
Sometimes difficult to separate the two. Partly dealt with under
the number of installations condition.

- Rights regarding upgrades.

- Consumer law.
Presumably local consumer law is always over-riding.

- Various other legal niceties.


OWNERSHIP

If there was a standard license, who would 'own' it?


Regards
Peter
http://www.gendatam.com/

[Peter]

Peter J Seymour wrote:

Readers may be interested in commenting on what follows with a view to
firming up some standard license conditions. The conditions are intended
to be clear and fair rather than opaque and onerous. It's not quite a
chance to write your own license, but it's a bit like that.

It rather depends on what you want the licence to achieve.
Most proprietary licences (and the terms you posted look to be along these
lines) are designed to protect the revenue stream of the corporation
selling the software.

Another approach is the GPL, which is intended to protect the rights and
freedoms of users and developers. It works quite well, and is the approach
I prefer. More info at ...
http://www.gnu.org/licenses/gpl-faq.html
http://www.gnu.org/philosophy/free-sw.html

HTH


Peter

[Peter J Seymour]

Peter wrote:

Peter J Seymour wrote:

Readers may be interested in commenting on what follows with a view to
firming up some standard license conditions. The conditions are intended
to be clear and fair rather than opaque and onerous. It's not quite a
chance to write your own license, but it's a bit like that.


It rather depends on what you want the licence to achieve.
Most proprietary licences (and the terms you posted look to be along these
lines) are designed to protect the revenue stream of the corporation
selling the software.

Another approach is the GPL, which is intended to protect the rights and
freedoms of users and developers. It works quite well, and is the approach
I prefer. More info at ...
http://www.gnu.org/licenses/gpl-faq.html
http://www.gnu.org/philosophy/free-sw.html

HTH


Peter

I'm familiar with both (and others). The issue here is what to do when

there is a revenue stream involved. This does happen in the real world.
Regards
Peter