Ownership

• Who owns the code?
  • Ownership of the copyright in software code is important because the copyright owner controls the ability to copy, distribute, sell, or modify the code, and generally controls the ability to profit from the code. The Copyright and Patents Act 1988 ensures these rights
  • Under copyright law, the author of a line of software code is the owner of the copyright in that code. Four rights available are:
    • The right to reproduce the code
    • The right to create “derivative works” (adaptations) based on the code, such as the future versions of the software, or other software programs into which the code is integrated.
    • The right to distribute copies of the code
    • The right to “display” the code, for example by posting to a website.
  • Exceptions
    • There are exceptions:
    • The code must be classed as unique and original (e.g. not closely based on other code)
    • Logical code cannot be copyright. E.g. iteration through an array.
  • In addition, one of the three situations can exempt copyright.
    • “work-made-for-hire” rule
    • “Licence or Assignment” clause in a development contract, and
    • When developing on an “Open Source” platform.

Ways to licence software §

Open-source §

• Dates back to the late 1990s
  • Its values are defined by the Open Source initiative (OSI), an organisation dedicated to promoting open-source software
  • An open-source licence is a type of licence for computer software, and other products, that allows the source code, blueprint or design to be used, modified and/or shared under defined terms and conditions
    • It is these ‘defined terms’ which gave birth to Free Software
• Some benefits of open-source software are:
  • Open-source is a good way for businesses to achieve greater penetration of the market.
    • Companies that offer open source software are able to establish an industry standard and, thus, may gain competitive.
  • It may also help to build developer loyalty as developers feel empowered and have a sense of ownership of the end product
• Some disadvantages:
  • There is often a lack of focus or direction
  • Often, no one company is responsible and support can be problematic
  • A company cannot later choose to change the licensing of its product once it has been released

Free software §

• The Free Software Foundation defines free software as:
  • ”Free software” means software that respects users freedom
• Free software is a matter of liberty, not price
• Its creators feel that while most open-source software is also free software, the ability to control the licence denies all freedoms.
• Tivo, for example, uses open source software, but users cannot freely compile new versions to run on the device. Only the Tivo corporation can create a digital signature the device will run
• A program is ‘free software’ if the program’s users have the four essential freedoms:
  • The freedom to run the program as you wish, for any purpose
  • The freedom to study how the program works, and change it so it does your computing as you wish. Access to the source code is a precondition for this.
  • The freedom to redistribute copies, so you can help your neighbour.
  • The freedom to distribute copies of your modified versions to others.
  • By doing this you can give the whole community a chance to benefit from your changes. Access to the source code is a precondition for this.

Shareware §

• Shareware is software that is available free of charge and often distributed informally for evaluation, after which a fee may be requested for continued use.
• Importantly, shareware is proprietary and while it may be free, the user is not entitled to modify, redistribute, etc.
  • The licence which comes with the software sets out how the software may be used. For example, time limited.
• Shareware can be distributed as:
  • Adware: advertising supported software
  • Demoware:
    • Crippleware: critical features blocked until you pay (e.g. save & print). I.E. users can experiment without useable output.
    • Trialware: Has a built-in time limit after which the software cannot be used.
• Nagware: constant popups asking you to pay and licence
• Freemium: additional features unlocked once paid
• Donationware: users pay (a suggested fee) if they like the software
  • It is often asked that you stop using if you don’t like it.
• Some benefits of shareware are:
  • Users get to try before they buy
  • Companies can distribute their software knowing its covered by copyright
  • Often much cheaper than commercial software
• Some disadvantages:
  • With some critical features locked, users may not feel happy that they got to ‘try’ the software
  • Hackers can trick the software into thinking it has been purchased
  • Indirectly, keygens often harbour malware which can cause significant issues for users.
  • May be bundled with other software to offset the cost, which the user may not be able to prevent installing.

Commercial Software §

• They come with very strict licences for use which limit how you can use the software, where it can be installed, etc.
• The software is made for profit
  • Although older versions may be released for free
• Some advantages:
  • Commercial software is sold as a product and often comes with a manual (often electronic) and support included
  • You know what you are getting when you purchase it
  • Far less susceptible to hackers or malware
  • Companies can profit instantly from the sale, not at the whim of the user
  • Often has a large support community to help
  • For very popular software, there are many help books available
• Some disadvantages:
  • May come with an annual fee to use the software
  • Absolutely no right to use the software how you wish, only that governed by the license.
  • Due to costs, copies of often hacked and distributed (software piracy)