Open-source software licensing

Abstract

The article examines existing models of free and open-source software licensing worldwide. In particular, software is classified according to the type of distribution licence, while the difference between the concepts of ‘free software’ and ‘open-source software’, their ideological foundations and key features are highlighted. Within the framework of the paper, all free and open-source licences are classified into two key groups – permissive and copyleft. The main features of these groups are defined, and the most widely used licences of each type are analysed. The basis for determining the prevalence of specific free and open-source licences was current statistical data. The state of free and open-source software licensing in the EU is outlined. Special attention is also paid to public domain agreements under the public domain doctrines of the USA and Ukraine, and their relation to free and open-source software. The current legislation of Ukraine regulating free and open-source software licences is analysed. In particular, the legal nature of free and open licenses and their varieties is examined in the context of the existing legal structures of ‘public licence’, ‘licence’, and ‘licence agreement’. Furthermore, attention is given to the Recommendations of the Ministry of Economy, Leisure, and Agriculture regarding the application of free public licences for the use of copyright and related rights, which, for the first time in Ukraine, provide a definition of free public licences. To study the practical application and recognition of free and open-source software licences, relevant judicial practice is analysed. The conclusions emphasise the need for further legislative consolidation and regulation of free and open-source software licences, particularly copyleft licences, which, although operating within the framework of classical copyright, due to their specific nature, do not fully fall under the traditional provisions on public licences.