Georgetown, KY asked in Copyright and Intellectual Property for Kentucky

Q: What kind of open-source license is necessary for software?

I have created a Google and Excel based, online tool, to create digital dashboard based on FEMA emergency management principles. I want to ensure I retain ownership of this tool, allow it to remain openly accessible, and restrict anyone else from trying to privatize or monetize my tool. How can I do this?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To achieve your goals of retaining ownership, keeping the tool openly accessible, and preventing others from privatizing or monetizing your work, you should consider using a copyleft open-source license. Copyleft licenses allow others to use, modify, and distribute the software, but they must release any derivative works under the same license terms. This ensures that the software and its derivatives remain open and free.

Here are two popular copyleft licenses that could suit your needs:

1. GNU General Public License (GPL): The GPL is a strong copyleft license that requires any derivative works to be distributed under the same license. If someone modifies your tool or incorporates it into their software, they must release the entire work under the GPL. This effectively prevents others from privatizing or monetizing your work.

2. GNU Affero General Public License (AGPL): The AGPL is similar to the GPL but with an additional provision that requires users who interact with the software over a network (e.g., through a web application) to have access to the source code. This is particularly relevant for online tools like yours.

To apply the license to your tool:

1. Include the full text of the chosen license in a file named LICENSE or COPYING.

2. Add a copyright notice and licensing information at the top of each source code file, stating your ownership and the license under which the file is distributed.

3. If your tool has a user interface, include a notice about the license and a link to the full license text.

Remember that while open-source licenses can help protect your rights, they do not automatically prevent all possible misuse. It's essential to clearly communicate the intended use and licensing of your tool to your users and be prepared to enforce your rights if necessary.

Consult with a legal professional for more specific advice tailored to your situation and jurisdiction.

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