FLOSS licences ensure software freedom, enabling users to use, modify, and distribute software under specific terms. With various licences available—each with unique obligations and permissions—it is essential to understand their differences and select the one that best fits your needs. Here’s an overview of major FLOSS licences and guidance on how to choose the right one.
Major floss licences
1. General Public License (GPL)
The GPL is a strong copyleft licence, ensuring that software and its derivatives remain free and open.
- Key obligation: Redistribution, including modifications, must remain under the GPL.
- Best for: Projects focused on protecting user freedoms and ensuring all derivatives contribute back to the community.
- Example: Linux kernel.
2. Lesser General Public License (LGPL)
The LGPL applies primarily to libraries, allowing them to be linked to non-GPL software.
- Key obligation: Modifications to the LGPL-covered library must remain open source.
- Best for: Libraries intended for integration with proprietary software.
- Example: GNU C Library (glibc).
3. Affero General Public License (AGPL)
The AGPL extends copyleft to network-based software like SaaS.
- Key obligation: Modifications must be shared, even when software is only used on a server.
- Best for: SaaS applications that prioritise transparency.
- Example: Nextcloud.
4. Apache License
A highly permissive licence, the Apache License allows both open and proprietary use of software while including a patent grant for added protection.
This licence is often chosen by organisations looking to maximise adoption without restricting proprietary modifications. Popular projects like the Apache HTTP Server and Hadoop are licensed under the Apache License, making it a cornerstone of enterprise-grade open source.
5. MIT License
The MIT License is the simplest and most permissive option.
- Key obligation: Attribution is required; otherwise, there are minimal restrictions.
- Best for: Projects that prioritise ease of integration and minimal legal overhead.
- Example: React.js, Angular.
6. Mozilla Public License (MPL)
The MPL is a weak copyleft licence that applies only to individual files.
- Key obligation: Modifications to MPL-licensed files must remain open source.
- Best for: Projects balancing open source with proprietary elements.
- Example: Firefox browser.
Choosing the most suitable FLOSS licence
| Step | Description | Example Licence |
|---|---|---|
| Define your goals | Decide whether to prioritise freedom and openness (e.g., GPL) or flexibility for proprietary use (e.g., MIT). | GPL, MIT |
| Identify your use case | Choose based on the type of software (e.g., libraries vs SaaS). | LGPL for libraries, AGPL for SaaS |
| Understand your audience | Consider whether your users are open source advocates or proprietary software developers. | GPL for open source advocates, BSD for proprietary users |
| Assess legal requirements | Determine if patent protections or licence compatibility are essential. | Apache (for patent grants) |
| Plan for future development | Consider whether you want contributors to share modifications or allow unrestricted use. | GPL for shared modifications, MIT for unrestricted use |
| Consult legal experts | Seek advice to understand licence nuances and ensure alignment with your goals. | ITLawCo for tailored advice |
How ITLawCo can help
Choosing the right FLOSS licence involves complex legal and strategic decisions. At ITLawCo, we provide expert guidance to ensure your software is legally compliant and strategically aligned:
- Licence selection consultation: Helping you choose the most suitable licence based on your project goals.
- Compliance reviews: Ensuring adherence to FLOSS obligations to avoid legal risks.
- Contracts and notices: Drafting agreements and licence notices tailored to your specific needs.
- Legal opinions: Providing actionable insights into the implications of FLOSS usage.
- Policy development: Crafting organisational policies for open source adoption and compliance.
- Technical implementation: Assisting with integrating FLOSS licences into your development process.
Contact ITLawCo today to navigate FLOSS licensing with confidence and clarity. Let us help you harness the power of open source to drive your goals forward.
