Open Source Software License for the United States

Open Source Software License Template for United States

Open Source Software Licenses are legal agreements governed by U.S. law that define the terms under which software can be freely used, modified, and distributed. These licenses ensure copyright holders can maintain certain rights while allowing others to use their software under specific conditions. They typically include provisions for copyright notice, warranty disclaimers, liability limitations, and may address patent rights. The license operates under U.S. federal and state laws, particularly copyright and contract law.

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What is a Open Source Software License?

Open Source Software Licenses are essential documents in modern software development, allowing creators to share their work while maintaining certain rights and protections. These licenses, operating under U.S. jurisdiction, enable collaborative development and free distribution while managing legal risks and obligations. They specify terms for software use, modification, and redistribution, addressing copyright, patent rights, warranties, and liability. The license choice significantly impacts how the software can be used in both commercial and non-commercial contexts.

What sections should be included in a Open Source Software License?

1. Parties: Identifies the licensor and potential licensees

2. Background: Explains the purpose of the license and the software being licensed

3. Definitions: Defines key terms used throughout the license

4. License Grant: Core section detailing the rights being granted to use, modify, and distribute the software

5. Copyright Notice: Required copyright notices and attribution requirements

6. Restrictions: Limitations on the use and distribution of the software

7. Disclaimer of Warranty: Standard warranty disclaimers

8. Limitation of Liability: Provisions limiting the licensor's liability

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

1. Patent Grant: Explicit patent license provisions when the software may be covered by patents

2. Trademark Usage: Rules for using associated trademarks when the software includes branded elements

3. Export Controls: Compliance with export regulations when the software may be subject to export restrictions

4. Contribution Guidelines: Rules for accepting third-party contributions for projects accepting community contributions

What schedules should be included in a Open Source Software License?

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 attribution and notice requirements

4. Appendix A - Acceptable License Terms: Terms under which the software may be redistributed

5. Appendix B - Contribution Agreement: Template agreement for contributors

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

United States

Publisher

Genie AI

Cost

Free to use
Clauses
Industries

U.S. Copyright Act: Primary federal legislation (17 U.S.C.) governing copyright law, essential for protecting original works of authorship including software code

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, including anti-circumvention provisions and safe harbor protections

U.S. Patent Act: Federal legislation (35 U.S.C.) governing patent law, relevant for software-related patents and patent rights in open source licenses

Lanham Act: Federal trademark law (15 U.S.C.) protecting software names, logos, and brand identifiers in open source projects

State Contract Laws: Various state-specific laws governing contract formation, enforcement, and interpretation of license agreements

Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions, including software licensing and warranty provisions

Export Administration Regulations (EAR): Federal regulations controlling the export of commercial and dual-use software and technology

Magnuson-Moss Warranty Act: Federal law governing written warranties on consumer products, affecting warranty disclaimers in software licenses

State Tort Laws: State-specific laws governing civil wrongs and liability, relevant for limitation of liability clauses in licenses

State Data Protection Laws: Various state laws governing data privacy and security requirements for software distribution and use

Sherman Antitrust Act: Federal antitrust law preventing anti-competitive practices, relevant for license terms affecting competition

Berne Convention: International treaty governing copyright protection across member countries for software distribution

WIPO Copyright Treaty: International agreement extending copyright protection to software and addressing digital environment issues

America Invents Act: Federal law reforming patent system, affecting how software-related patents are handled and protected

International Traffic in Arms Regulations (ITAR): Federal regulations controlling export of defense-related technology, including certain types of software

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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