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Restrictive Open Source License

Restrictive Open Source License Template for Malaysia

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Key Requirements PROMPT example:

Restrictive Open Source License

"I need a Restrictive Open Source License for a machine learning software library that allows academic and non-commercial use but requires a paid license for any commercial applications, to be released in March 2025 under Malaysian law."

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Document background
The Restrictive Open Source License is designed for software developers and organizations operating in Malaysia who wish to make their software available under open source terms while maintaining certain controls over its use and distribution. This license type is particularly suitable when the licensor wants to share their software with the community while protecting specific commercial or strategic interests. It incorporates provisions from Malaysian intellectual property law, including the Copyright Act 1987 and Contracts Act 1950, to ensure enforceability while balancing open source principles with business needs. The document includes detailed terms for source code access, modification rights, redistribution requirements, and specific restrictions that differentiate it from more permissive open source licenses.
Suggested Sections

1. Parties: Identifies the licensor (copyright holder) and the scope of potential licensees

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

3. Definitions: Defines key terms used throughout the license, including 'Software', 'Source Code', 'Derivative Works', etc.

4. Grant of License: Specifies the rights granted to licensees, including permissions to use, modify, and distribute

5. Restrictions: Details specific limitations on use, modification, and distribution of the software

6. Distribution Requirements: Outlines conditions for redistributing the software and derivative works

7. Copyright Notice: Requirements for maintaining copyright notices and attributions

8. Warranty Disclaimer: Disclaims warranties and limits liability in accordance with Malaysian law

9. Termination: Conditions under which the license may be terminated and consequences of termination

10. Governing Law: Specifies Malaysian law as governing law and jurisdiction

Optional Sections

1. Commercial Use Provisions: Additional terms for commercial use of the software, when commercial use is permitted with restrictions

2. Patent Rights: Include when the software involves patented technology or patent rights need to be addressed

3. Export Control: Include for software that may be subject to export restrictions

4. Data Protection: Include when the software processes personal data or requires compliance with data protection laws

5. Network Use: Include for software that can be accessed over a network or provided as a service

6. Contributing Guidelines: Include when accepting community contributions to the software

7. Geographic Restrictions: Include when certain territories are excluded from the license grant

Suggested Schedules

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

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

3. Schedule C - Required Notices: Specific copyright and attribution notices that must be included in distributions

4. Appendix 1 - Acceptable Use Policy: Detailed guidelines for acceptable use of the software

5. Appendix 2 - Modification Guidelines: Technical requirements and standards for software modifications

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

Information Technology

Legal Services

Financial Services

Healthcare Technology

Education Technology

Manufacturing

Telecommunications

Research and Development

Relevant Teams

Legal

Software Development

Compliance

Intellectual Property

Product Development

Open Source Program Office

Research & Development

Technology Strategy

Risk Management

Commercial Operations

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Chief Technology Officer

Open Source Compliance Manager

Software Architect

Product Manager

Licensing Manager

Chief Legal Officer

Development Team Lead

IP Rights Manager

Software Development Manager

Industries
Copyright Act 1987: Primary legislation governing copyright protection in Malaysia, including software copyright protection and licensing provisions
Patents Act 1983: Relevant for any patentable aspects of software and their licensing implications
Contracts Act 1950: Governs the formation and enforcement of contracts in Malaysia, crucial for license validity
Competition Act 2010: Ensures licensing restrictions don't violate anti-competitive practices regulations
Consumer Protection Act 1999: Protects end-user rights and may affect certain restrictive terms in the license
WIPO Copyright Treaty: International treaty obligations affecting software copyright protection and licensing
Electronic Commerce Act 2006: Relevant for digital distribution and electronic acceptance of license terms
Trade Descriptions Act 2011: Ensures accurate description of software rights and restrictions in the license
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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