BSD license

BSD license refers to a group of permissive open source licenses . The original type of license comes from the University of California, Berkeley ( UCB ), as indicated by the acronym BSD: B erkeley S oftware D istribution .

Software under BSD license can be used freely. It is allowed to copy, modify and distribute it. The only condition is that the copyright notice of the original program must not be removed. Thus software under a BSD license is also suitable as a template for commercial (partly proprietary ) products.

This licensing model differs from the GNU General Public License (GPL) in that it does not contain any copyleft : A programmer who changes a program or library published under a BSD license and then distributes it in binary form is not obliged to publish the source code as well . However, any redistribution and use in uncompiled or compiled form , with or without modification, must continue to be under a BSD license. To do this, the BSD license text must be added to the program. In the case of a binary publication, this can e.g. E.g. in the documentation , if the source code is published, the BSD license text can also be inserted directly in the source code.

License texts

So-called "original" BSD license

As the " original BSD license" ( "original BSD license") in various representations, the following text is referred to:

Original text

Analogous translation (not official)

Copyright (c) ... The Regents of the University of California. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and / or other materials provided with the distribution. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the University of California, Berkeley and its contributors." Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE SUCH DAMAGE.

Copyright (c) ... The Board of Directors of the University of California. All Rights Reserved . Redistribution and use in uncompiled or compiled form, with or without modification, are permitted under the following conditions: Redistributed software source code must contain the above copyright notice , this list of conditions and the following liability clause . Redistributed compiled copies must include the above copyright notice, this list of conditions, and the liability clause following them in the documentation and / or other materials distributed with the copy. All promotional materials mentioning features or usage must include the following statement: "This product includes software developed by the University of California, Berkeley and contributors." Neither the name of the University nor the names of its contributors may to endorse or Apply use of products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE BOARD OF DIRECTORS AND THE CONTRIBUTORS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT INCLUDING: THE IMPLIED WARRANTIES OF THE APPLICABILITY OF THE SOFTWWARE. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LIMITATION OF USE ABILITY; LOSS OF USE, DATA , OR PROFITS; OR BUSINESS INTERRUPTION) EVERYWHERE CAUSED AND UNDER WHATEVER OBLIGATION, WHETHER IN CONTRACT, STRICT OBLIGATION OR IMPROPER ACTIVITY (INCLUDING NEGLIGENCE) RESPONSIBLY, IN WHICH WAY YOU ARE RESPONSIBLE FOR THE USE OF THIS SOFTWARE HAVE BEEN.

BSD deliveries from 1988 and 1989 contained an “archetype” (“even earlier ”) of the other versions of the BSD license discussed in this article, which was set in a single paragraph.

Liability clauses

The liability clauses (statements of the disclaimer , set in capital letters) of the BSD license and the GNU General Public License are obviously very similar in content and wording. Both consist of two sentences. In the first one always finds PROVID ... 'AS IS' . In the second sentence, some types of damage, such as data loss, are listed that could generally arise through the use of the BSD or GNU software, for which, however, liability is rejected. Deviating from this, however, the GPL mentions that liability for damage can result from legal norms (which can be completely different from those of the USA) or from written promises.

Advertising clause

The third numbered paragraph is also "advertising clause" (advertising clause called). It requires software developers to include the name of the university or other contributor when promoting their product. Among other things, it is incompatible with the GPL .

For programs published by the University of Berkeley, the third condition was lifted on July 22, 1999 by William Hoskins of UCB.

The version cited above is now (on websites at www.gnu.org ) referred to as the "4-clause BSD license" ( 4-clause BSD ), the new license as the "3-clause BSD" ( 3-clause BSD ) or " modified BSD license", this is compatible with the GNU GPL.

See also : Permissive Open Source License # GPL Compatibility  and GNU General Public License # Compatibility of Licenses with the GNU GPL

FreeBSD license

A "2-clause BSD" ( 2-clause BSD ) is also common. It only contains the first two conditions (also not the advertising clause ) and is sometimes referred to as the “ Simplified BSD License” or “ FreeBSD license”. The actual FreeBSD version has the addition of the 3 and 4 clause BSD below the paragraph in capital letters (the liability clause )

"The views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of the FreeBSD Project."

"The views and conclusions in the software and documentation are those of the authors [of the last two] and should not be construed as the official guidelines, express or implied, of the FreeBSD Project."

literature

• Malte Grützmacher: Open Source Software - BSD Copyright and Apache Software License - Copyright instead of copyleft . In: Der IT-Rechtsberater (ITRB), 2006, 108 ff.

Web links

• BSD licenses in detail - Linux Information Project, April 22, 2004 (English) accessed on August 11, 2017
• Brief recommendation from the University of California, Berkeley to switch from the 4-clause version to the 3-clause version, July 22, 1999 (English), accessed on August 11, 2017
• Discussion of the 4-Clause License and Alternatives - GNU Project - 1998 to 2015 (English) accessed on August 11, 2017 (“The BSD License Problem”)
• 2 Clause Version - FreeBSD , 1992 to 2016, accessed August 11, 2017

Individual evidence

1. ↑ See en: BSD licenses # Prior license (accessed August 11, 2017), where these versions are dated to 1988/1989 and the "original" to 1990.
2. ↑ The GNU General Public License v3.0. Disclaimer of Warranty. GNU Project , November 18, 2016, accessed August 14, 2017 . 
3. ↑ The GNU General Public License v3.0. Limatation of Liability. GNU Project , November 18, 2016, accessed August 14, 2017 . 
4. ↑ In any case, the original BSD license is classified under gnu.org .
5. ^ William Hoskins: License Change. University of California, Berkeley , July 22, 1999, accessed August 11, 2017 . 
6. ↑ Various Licenses and Comments about Them. Modified BSD license. GNU Project , accessed August 12, 2017 (English, after 2013). 
7. ↑ Various Licenses and Comments about Them. FreeBSD license. GNU Project , accessed August 11, 2017 (English, after 2013). 
8. ↑ Notes on the dating of the FreeUSB version as a product of the FreeBSD project are generally confusing. A version with web.archive.org ( Memento of 29 April 1999 in the Internet Archive ) was filed on 29 April 1999, wearing a version control - timestamp '$ Date: 31/12/1998 14:28:59 $ "above a copyright beginning in 1994 and below a 1995. The more up-to-date website at www.freebsd.org bears a copyright beginning 1992 at the top. The above copyright information are perhaps only examples for the specific design of a license for a specific delivery version of a specific program, cf. en: BSD licenses # 2-clause license ("Simplified BSD License" or "FreeBSD License") . gnu.org claims that the FreeBSD license was the result of advice from probably Richard Stallman ("... in my 'spare time' ...", but his name is not on the website) in 1996 .

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