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Restrictive Open Source License

Restrictive Open Source License Template for Canada

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Key Requirements PROMPT example:

Restrictive Open Source License

"I need a Restrictive Open Source License for our machine learning software that prohibits commercial use without a separate paid license, requires attribution, and includes specific provisions for academic and research use, with plans to release in March 2025."

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Document background
This Restrictive Open Source License is designed for organizations and developers who wish to make their software available under open source terms while maintaining certain controls over its use and distribution. It is particularly suited for Canadian organizations seeking to protect their intellectual property while benefiting from open source collaboration. The license combines traditional open source principles with specific restrictions on commercial use, modification rights, or distribution methods. It includes detailed provisions for compliance with Canadian copyright law, attribution requirements, and liability limitations. This document type is especially relevant when implementing a dual-licensing strategy or when seeking to maintain control over the software's use while still fostering community development.
Suggested Sections

1. Parties: Identification of the Licensor (copyright holder) and definition of potential Licensees

2. Background: Context of the software, its purpose, and the intent of the license

3. Definitions: Key terms including 'Software', 'Source Code', 'Derivative Works', 'Commercial Use', and other license-specific terms

4. Grant of Rights: Scope of the license grant, including rights to use, modify, and distribute the software

5. Restrictions: Core restrictions on use, such as commercial limitations, attribution requirements, and prohibited activities

6. Distribution Requirements: Conditions and obligations when redistributing the software or derivative works

7. Attribution and Notices: Requirements for maintaining copyright notices and attribution

8. No Warranty: Disclaimer of warranties and limitations of liability

9. Termination: Conditions for license termination and consequences of breach

10. General Provisions: Standard legal provisions including governing law, jurisdiction, and severability

Optional Sections

1. Patent Grant: Explicit patent license terms, used when the software may implement patented technologies

2. Network Use Clause: Additional terms for software used in network services, similar to AGPL provisions

3. Commercial Use Terms: Detailed terms for obtaining commercial licenses, used when offering dual-licensing

4. Contribution Terms: Rules for accepting and managing third-party contributions, used in community-oriented projects

5. Export Control: Compliance requirements for international distribution, used when software has security implications

6. Data Privacy Compliance: Additional terms for software handling personal data, used when relevant to PIPEDA compliance

Suggested Schedules

1. Schedule A - Licensed Software: Detailed description of the software components covered by the license

2. Schedule B - Required Notices: Full text of copyright notices and third-party attributions that must be maintained

3. Schedule C - Compatible Licenses: List of open source licenses compatible with this license for combined works

4. Appendix A - Attribution Format: Specific format and placement requirements for attribution notices

5. Appendix B - Commercial License Terms: Reference terms for obtaining commercial licenses, if dual-licensing is offered

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Software Development

Financial Services

Healthcare Technology

Educational Technology

Gaming and Entertainment

Telecommunications

Research and Development

Manufacturing

Professional Services

Relevant Teams

Legal

Software Development

Product Management

Intellectual Property

Compliance

Risk Management

Innovation

Open Source Program Office

Research and Development

Technology Operations

Relevant Roles

Legal Counsel

Software Developer

Chief Technology Officer

Intellectual Property Manager

Open Source Compliance Officer

Software Architect

Product Manager

Legal Operations Manager

Development Team Lead

Technology Risk Manager

Innovation Director

Software Licensing Specialist

Industries
Copyright Act (R.S.C., 1985, c. C-42): The primary legislation governing copyright protection in Canada, essential for defining the scope of rights being licensed in the open source agreement
Competition Act (R.S.C., 1985, c. C-34): Relevant for ensuring any restrictions in the license don't create anti-competitive effects in the Canadian market
Personal Information Protection and Electronic Documents Act (PIPEDA): Important if the licensed software processes personal data, to ensure compliance with Canadian privacy requirements
Consumer Protection Act (varies by province): Relevant for warranty disclaimers and consumer rights, particularly if the software might be used by consumers
Sale of Goods Act (provincial legislation): May be relevant for implied warranties and quality requirements, though software licensing technically differs from goods sales
Patent Act (R.S.C., 1985, c. P-4): Relevant for patent rights and potential patent-related provisions in the license, particularly for software-implemented inventions
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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