Open Source Software Licence Template for Hong Kong

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Key Requirements PROMPT example:

Open Source Software Licence

"I need an Open Source Software License for a machine learning library that will be released in March 2025, with specific provisions for commercial use and patent rights protection under Hong Kong law."

Document background
This Open Source Software License is designed for use in situations where developers or organizations wish to make their software freely available for use, modification, and distribution while maintaining certain controls and protections under Hong Kong law. The document responds to the growing need for locally compliant open source licensing frameworks that align with international open source principles while addressing specific requirements of Hong Kong's legal system. It includes provisions for copyright protection, patent rights (where applicable), and liability limitations that are compatible with Hong Kong's Control of Exemption Clauses Ordinance. This license is particularly relevant for projects initiated in Hong Kong or those specifically requiring compliance with Hong Kong law, while maintaining interoperability with global open source software practices.
Suggested Sections

1. 1. Definitions: Defines key terms used throughout the license including 'Software', 'Derivative Works', 'Contribution', 'Contributor', and 'Distribution'

2. 2. Grant of Copyright License: Specifies the basic rights granted to users including rights to use, copy, modify, merge, publish, distribute, and sublicense the software

3. 3. Conditions of Use: Outlines the conditions users must meet when using or distributing the software, including attribution requirements and preservation of notices

4. 4. Distribution Obligations: Details requirements for distributing the original or modified software, including source code availability and license terms preservation

5. 5. Disclaimer of Warranty: Clear statement that the software is provided 'as is' without warranties

6. 6. Limitation of Liability: Limits the liability of contributors and copyright holders in compliance with Hong Kong law

7. 7. Termination: Specifies when and how the license terminates and the consequences of termination

Optional Sections

1. Patent License: Include when explicit patent rights need to be granted to users, particularly important for software that may implement patented technologies

2. Trademark Usage: Include when there are specific requirements or restrictions regarding the use of project or contributor trademarks

3. Contribution Agreement: Include when setting specific terms for accepting contributions from the community

4. Geographic Restrictions: Include when there are specific territorial restrictions or requirements for compliance with export laws

5. Multiple Licensing: Include when the software can be used under alternative license terms

6. Compatibility Clause: Include when specifying compatibility requirements with other open source licenses

Suggested Schedules

1. Schedule 1 - Licensed Software: Detailed description of the software covered by the license, including version numbers and components

2. Schedule 2 - Third Party Components: List of third-party software components included in the licensed software and their respective licenses

3. Schedule 3 - Required Notices: Specific copyright and attribution notices that must be included in all copies or substantial portions of the software

4. Appendix A - License Template for Derivative Works: Template license text to be used when creating derivative works

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

Relevant legal definitions
Relevant Industries

Technology

Financial Services

Healthcare

E-commerce

Education

Telecommunications

Manufacturing

Research & Development

Government & Public Sector

Media & Entertainment

Professional Services

Retail

Relevant Teams

Legal

Software Development

Compliance

Risk Management

Information Technology

Product Development

Research and Development

Operations

Intellectual Property

Corporate Governance

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Chief Technology Officer

Chief Legal Officer

Software Engineer

Project Manager

Compliance Officer

Risk Manager

Product Manager

Open Source Program Manager

Development Team Lead

IT Director

General Counsel

Software Architect

Industries
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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