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Open Source for the Enterprise by Gautam Guliani, Dan Woods

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Second-Generation/Single-Project Licenses

The popularization of the Internet and the Web in the mid-1990s was spurred by the creation and release of a number of open source tools and software, particularly the Apache Web Server and the Perl scripting language, that quickly became part of every web developer’s arsenal. The project leaders of these programs invented licenses separate from, and not necessarily compatible with, the GPL. While these licenses are generally considered historical and relevant only to the software they were created for, companies interested in using Apache or Perl (or those already using at least one of the two) should note their restrictions and approach to open source licensing.

The Apache License 2.0

The Apache Web Server is one of the best-known and most flexible open source projects in existence. Having begun life as a series of patches to another early open source server, Apache is now widely considered to be superior to many similar commercial offerings. Its use is overseen by the not-for-profit Apache Software Foundation (ASF), which approved a 2.0 version of its license in January 2004.

The Apache license is rooted in the BSD/MIT models. The 2.0 release contains several contemporary additions, including a grant of both a copyright and a patent license to the user by each past “contributor” to Apache’s source code. (The patent clause is partly designed to protect Apache from litigation by contributors who might later claim that their own patented code ...

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