Open Software License for Malaysia

Open Software License Template for Malaysia

A comprehensive Open Software License agreement governed by Malaysian law, designed to facilitate the distribution and use of open source software while ensuring compliance with local regulations. The document incorporates essential elements of open source licensing principles alongside specific requirements of Malaysian intellectual property law, data protection regulations, and contract law. It provides a framework for software sharing, modification, and redistribution while protecting both the original creators' rights and users' freedoms within the Malaysian legal context.

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What is a Open Software License?

This Open Software License agreement is essential for organizations and individuals releasing software under open source terms in Malaysia. It serves as a legal framework that balances open source principles with Malaysian legal requirements, including the Copyright Act 1987 and Personal Data Protection Act 2010. The document is particularly relevant when software developers or organizations want to make their code freely available while maintaining certain controls and protections. It includes provisions for source code distribution, modification rights, attribution requirements, and liability limitations, all structured to comply with Malaysian law while preserving open source values. The license is designed to be compatible with international open source standards while addressing specific local legal considerations.

What sections should be included in a Open Software License?

1. Parties: Identification of the licensor and specification of potential licensees

2. Background: Context of the software, its purpose, and the intent to provide it under open source terms

3. Definitions: Definitions of key terms including 'Software', 'Source Code', 'Derivative Works', 'Contributor', and 'Distribution'

4. Grant of License: Core license terms, permissions, and scope of rights granted to users

5. Restrictions: Limitations on the license and conditions for use, modification, and distribution

6. Distribution Obligations: Requirements for redistributing the software, including source code availability

7. Intellectual Property Rights: Assertion of ownership and intellectual property rights under Malaysian law

8. Privacy and Data Protection: Compliance requirements with Malaysian Personal Data Protection Act

9. Disclaimers and Warranties: Warranty disclaimers and limitations of liability

10. Term and Termination: Duration of the license and conditions for termination

11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

What sections are optional to include in a Open Software License?

1. Patent License: Additional patent rights granted, used when the software may be subject to patent claims

2. Contributor License: Terms for accepting contributions from third parties, used in collaborative projects

3. Commercial Distribution: Additional terms for commercial distribution, used when allowing commercial use

4. Export Control: Export compliance requirements, used when software may be subject to export restrictions

5. Government End Users: Special provisions for government users, used when targeting government adoption

6. Compliance with Islamic Law: Additional provisions ensuring compliance with Shariah law, used when relevant in Malaysian context

What schedules should be included in a Open Software License?

1. Schedule 1 - Software Description: Detailed description of the software, components, and functionality

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

3. Schedule 3 - Attribution Notices: Required attribution and copyright notices

4. Appendix A - Acceptable Use Policy: Guidelines for acceptable use of the software

5. Appendix B - Privacy Policy: Detailed privacy policy and data handling procedures

6. Appendix C - Contribution Guidelines: Guidelines and procedures for contributing to the software

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Clauses
Relevant Industries

Technology

Education

Financial Services

Healthcare

Government

Telecommunications

Manufacturing

Research and Development

Non-Profit

Retail

Media and Entertainment

Professional Services

Relevant Teams

Legal

Software Development

Compliance

Information Technology

Risk Management

Product Management

Research and Development

Operations

Information Security

Procurement

Relevant Roles

Software Developer

Legal Counsel

Chief Technology Officer

Intellectual Property Manager

Compliance Officer

Project Manager

Software Architect

Open Source Program Manager

Development Team Lead

Chief Information Officer

Risk Manager

Contract Administrator

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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