Understanding Open Source and Free Software Licensing

Drafting Open Source Licenses

As should be evident from the previous discussion, drafting a new open source license is probably not the best place to start for most open source projects. In addition to the extra time and expense associated with drafting any legal document, the use of a new license will discourage potential contributors from participating in the project. Those contributors who are concerned about licensing implications will want to read and understand the license. Particularly in the case of long or complex licenses, this may present a substantial barrier to entry.

If you choose to do it, however, the first step in drafting an open source license should be retaining a competent and experienced attorney to undertake the task. While many open source licenses have been drafted by non-lawyers, the drafting of any contract, particularly one with the complexities inherent in open source software licenses, should be undertaken by someone with professional knowledge and experience.

After securing counsel, the next step should probably be devising the basic mechanics of the license. The new author should give serious thought to what the function of the license is intended to be. With open source and free software licenses, the key issue will generally be the generational limitations placed on distribution and modification of the licensed work by licensees. Many of the possible limitations have already been described. The MIT and the BSD Licenses, for example, require only ...