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Replace hyphen with asterisk in legal.md
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Rifat-Hasan-BD authored Dec 23, 2024
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Expand Up @@ -66,9 +66,9 @@ Dependencies with **copyleft licenses** require closer attention. Including any

You may also want to consider the **communities** you hope will use and contribute to your project:

- **Do you want your project to be used as a dependency by other projects?** Probably best to use the most popular license in your relevant community. For example, [MIT](https://choosealicense.com/licenses/mit/) is the most popular license for [npm libraries](https://libraries.io/search?platforms=NPM).
- **Do you want your project to appeal to large businesses?** A large business may be comforted by an express patent license from all contributors. In this case, the [Apache 2.0](https://choosealicense.com/licenses/apache-2.0/) has you (and them) covered.
- **Do you want your project to appeal to contributors who do not want their contributions to be used in closed source software?** [GPLv3](https://choosealicense.com/licenses/gpl-3.0/) or (if they also do not wish to contribute to closed source services) [AGPLv3](https://choosealicense.com/licenses/agpl-3.0/) will go over well.
* **Do you want your project to be used as a dependency by other projects?** Probably best to use the most popular license in your relevant community. For example, [MIT](https://choosealicense.com/licenses/mit/) is the most popular license for [npm libraries](https://libraries.io/search?platforms=NPM).
* **Do you want your project to appeal to large businesses?** A large business may be comforted by an express patent license from all contributors. In this case, the [Apache 2.0](https://choosealicense.com/licenses/apache-2.0/) has you (and them) covered.
* **Do you want your project to appeal to contributors who do not want their contributions to be used in closed source software?** [GPLv3](https://choosealicense.com/licenses/gpl-3.0/) or (if they also do not wish to contribute to closed source services) [AGPLv3](https://choosealicense.com/licenses/agpl-3.0/) will go over well.

Your **company** may have policies for open source project licensing. Some companies require your projects to bear a permissive license to permit integration with the company's proprietary products. Other policies enforce a strong copyleft license and an additional contributor agreement ([see below](#does-my-project-need-an-additional-contributor-agreement)) so only your company can use the project in closed source software. Organizations may also have certain standards, social responsibility goals, or transparency needs which could require a particular licensing strategy. Talk to your [company's legal department](#what-does-my-companys-legal-team-need-to-know) for guidance.

Expand Down Expand Up @@ -106,11 +106,11 @@ Also, by adding "paperwork" that some believe is unnecessary, hard to understand

Some situations where you may want to consider an additional contributor agreement for your project include:

- Your lawyers want all contributors to expressly accept (_sign_, online or offline) contribution terms, perhaps because they feel the open source license itself is not enough (even though it is!). If this is the only concern, a contributor agreement that affirms the project's open source license should be enough. The [jQuery Individual Contributor License Agreement](https://web.archive.org/web/20161013062112/http://contribute.jquery.org/CLA/) is a good example of a lightweight additional contributor agreement.
- You or your lawyers want developers to represent that each commit they make is authorized. A [Developer Certificate of Origin](https://developercertificate.org/) requirement is how many projects achieve this. For example, the Node.js community [uses](https://github.com/nodejs/node/blob/HEAD/CONTRIBUTING.md) the DCO [instead](https://nodejs.org/en/blog/uncategorized/notes-from-the-road/#easier-contribution) of their prior CLA. A simple option to automate enforcement of the DCO on your repository is the [DCO Probot](https://github.com/probot/dco).
- Your project uses an open source license that does not include an express patent grant (such as MIT), and you need a patent grant from all contributors, some of whom may work for companies with large patent portfolios that could be used to target you or the project's other contributors and users. The [Apache Individual Contributor License Agreement](https://www.apache.org/licenses/icla.pdf) is a commonly used additional contributor agreement that has a patent grant mirroring the one found in the Apache License 2.0.
- Your project is under a copyleft license, but you also need to distribute a proprietary version of the project. You'll need every contributor to assign copyright to you or grant you (but not the public) a permissive license. The [MongoDB Contributor Agreement](https://www.mongodb.com/legal/contributor-agreement) is an example this type of agreement.
- You think your project might need to change licenses over its lifetime and want contributors to agree in advance to such changes.
* Your lawyers want all contributors to expressly accept (_sign_, online or offline) contribution terms, perhaps because they feel the open source license itself is not enough (even though it is!). If this is the only concern, a contributor agreement that affirms the project's open source license should be enough. The [jQuery Individual Contributor License Agreement](https://web.archive.org/web/20161013062112/http://contribute.jquery.org/CLA/) is a good example of a lightweight additional contributor agreement.
* You or your lawyers want developers to represent that each commit they make is authorized. A [Developer Certificate of Origin](https://developercertificate.org/) requirement is how many projects achieve this. For example, the Node.js community [uses](https://github.com/nodejs/node/blob/HEAD/CONTRIBUTING.md) the DCO [instead](https://nodejs.org/en/blog/uncategorized/notes-from-the-road/#easier-contribution) of their prior CLA. A simple option to automate enforcement of the DCO on your repository is the [DCO Probot](https://github.com/probot/dco).
* Your project uses an open source license that does not include an express patent grant (such as MIT), and you need a patent grant from all contributors, some of whom may work for companies with large patent portfolios that could be used to target you or the project's other contributors and users. The [Apache Individual Contributor License Agreement](https://www.apache.org/licenses/icla.pdf) is a commonly used additional contributor agreement that has a patent grant mirroring the one found in the Apache License 2.0.
* Your project is under a copyleft license, but you also need to distribute a proprietary version of the project. You'll need every contributor to assign copyright to you or grant you (but not the public) a permissive license. The [MongoDB Contributor Agreement](https://www.mongodb.com/legal/contributor-agreement) is an example this type of agreement.
* You think your project might need to change licenses over its lifetime and want contributors to agree in advance to such changes.

If you do need to use an additional contributor agreement with your project, consider using an integration such as [CLA assistant](https://github.com/cla-assistant/cla-assistant) to minimize contributor distraction.

Expand All @@ -122,21 +122,21 @@ For better or worse, consider letting them know even if it's a personal project.

**If you're open sourcing a project for your company,** then definitely let them know. Your legal team probably already has policies for what open source license (and maybe additional contributor agreement) to use based on the company's business requirements and expertise around ensuring your project complies with the licenses of its dependencies. If not, you and they are in luck! Your legal team should be eager to work with you to figure this stuff out. Some things to think about:

- **Third party material:** Does your project have dependencies created by others or otherwise include or use others' code? If these are open source, you'll need to comply with the materials' open source licenses. That starts with choosing a license that works with the third party open source licenses ([see above](#which-open-source-license-is-appropriate-for-my-project)). If your project modifies or distributes third party open source material, then your legal team will also want to know that you're meeting other conditions of the third party open source licenses such as retaining copyright notices. If your project uses others' code that doesn't have an open source license, you'll probably have to ask the third party maintainers to [add an open source license](https://choosealicense.com/no-license/#for-users), and if you can't get one, stop using their code in your project.
* **Third party material:** Does your project have dependencies created by others or otherwise include or use others' code? If these are open source, you'll need to comply with the materials' open source licenses. That starts with choosing a license that works with the third party open source licenses ([see above](#which-open-source-license-is-appropriate-for-my-project)). If your project modifies or distributes third party open source material, then your legal team will also want to know that you're meeting other conditions of the third party open source licenses such as retaining copyright notices. If your project uses others' code that doesn't have an open source license, you'll probably have to ask the third party maintainers to [add an open source license](https://choosealicense.com/no-license/#for-users), and if you can't get one, stop using their code in your project.

- **Trade secrets:** Consider whether there is anything in the project that the company does not want to make available to the general public. If so, you could open source the rest of your project, after extracting the material you want to keep private.
* **Trade secrets:** Consider whether there is anything in the project that the company does not want to make available to the general public. If so, you could open source the rest of your project, after extracting the material you want to keep private.

- **Patents:** Is your company applying for a patent of which open sourcing your project would constitute [public disclosure](https://en.wikipedia.org/wiki/Public_disclosure)? Sadly, you might be asked to wait (or maybe the company will reconsider the wisdom of the application). If you're expecting contributions to your project from employees of companies with large patent portfolios, your legal team may want you to use a license with an express patent grant from contributors (such as Apache 2.0 or GPLv3), or an additional contributor agreement ([see above](#which-open-source-license-is-appropriate-for-my-project)).
* **Patents:** Is your company applying for a patent of which open sourcing your project would constitute [public disclosure](https://en.wikipedia.org/wiki/Public_disclosure)? Sadly, you might be asked to wait (or maybe the company will reconsider the wisdom of the application). If you're expecting contributions to your project from employees of companies with large patent portfolios, your legal team may want you to use a license with an express patent grant from contributors (such as Apache 2.0 or GPLv3), or an additional contributor agreement ([see above](#which-open-source-license-is-appropriate-for-my-project)).

- **Trademarks:** Double check that your project's name [does not conflict with any existing trademarks](../starting-a-project/#avoiding-name-conflicts). If you use your own company trademarks in the project, check that it does not cause any conflicts. [FOSSmarks](http://fossmarks.org/) is a practical guide to understanding trademarks in the context of free and open source projects.
* **Trademarks:** Double check that your project's name [does not conflict with any existing trademarks](../starting-a-project/#avoiding-name-conflicts). If you use your own company trademarks in the project, check that it does not cause any conflicts. [FOSSmarks](http://fossmarks.org/) is a practical guide to understanding trademarks in the context of free and open source projects.

- **Privacy:** Does your project collect data on users? "Phone home" to company servers? Your legal team can help you comply with company policies and external regulations.
* **Privacy:** Does your project collect data on users? "Phone home" to company servers? Your legal team can help you comply with company policies and external regulations.

If you're releasing your company's first open source project, the above is more than enough to get through (but don't worry, most projects shouldn't raise any major concerns).

Longer term, your legal team can do more to help the company get more from its involvement in open source, and stay safe:

- **Employee contribution policies:** Consider developing a corporate policy that specifies how your employees contribute to open source projects. A clear policy will reduce confusion among your employees and help them contribute to open source projects in the company's best interest, whether as part of their jobs or in their free time. A good example is Rackspace's [Model IP and Open Source Contribution Policy](https://processmechanics.com/2015/07/23/a-model-ip-and-open-source-contribution-policy/).
* **Employee contribution policies:** Consider developing a corporate policy that specifies how your employees contribute to open source projects. A clear policy will reduce confusion among your employees and help them contribute to open source projects in the company's best interest, whether as part of their jobs or in their free time. A good example is Rackspace's [Model IP and Open Source Contribution Policy](https://processmechanics.com/2015/07/23/a-model-ip-and-open-source-contribution-policy/).

<aside markdown="1" class="pquote">
<img src="https://avatars.githubusercontent.com/vanl?s=180" class="pquote-avatar" alt="avatar">
Expand All @@ -146,8 +146,8 @@ Longer term, your legal team can do more to help the company get more from its i
</p>
</aside>

- **What to release:** [(Almost) everything?](http://tom.preston-werner.com/2011/11/22/open-source-everything.html) If your legal team understands and is invested in your company's open source strategy, they'll be best able to help rather than hinder your efforts.
- **Compliance:** Even if your company doesn't release any open source projects, it uses others' open source software. [Awareness and process](https://www.linuxfoundation.org/blog/blog/why-companies-that-use-open-source-need-a-compliance-program/) can prevent headaches, product delays, and lawsuits.
* **What to release:** [(Almost) everything?](http://tom.preston-werner.com/2011/11/22/open-source-everything.html) If your legal team understands and is invested in your company's open source strategy, they'll be best able to help rather than hinder your efforts.
* **Compliance:** Even if your company doesn't release any open source projects, it uses others' open source software. [Awareness and process](https://www.linuxfoundation.org/blog/blog/why-companies-that-use-open-source-need-a-compliance-program/) can prevent headaches, product delays, and lawsuits.

<aside markdown="1" class="pquote">
Organizations must have a license and compliance strategy in place that fits both \["permissive" and "copyleft"\] categories. This begins with keeping a record of the licensing terms that apply to the open source software you’re using — including subcomponents and dependencies.
Expand All @@ -156,5 +156,5 @@ Longer term, your legal team can do more to help the company get more from its i
</p>
</aside>

- **Patents:** Your company may wish to join the [Open Invention Network](https://www.openinventionnetwork.com/), a shared defensive patent pool to protect members' use of major open source projects, or explore other [alternative patent licensing](https://www.eff.org/document/hacking-patent-system-2016).
- **Governance:** Especially if and when it makes sense to move a project to a [legal entity outside of the company](../leadership-and-governance/#do-i-need-a-legal-entity-to-support-my-project).
* **Patents:** Your company may wish to join the [Open Invention Network](https://www.openinventionnetwork.com/), a shared defensive patent pool to protect members' use of major open source projects, or explore other [alternative patent licensing](https://www.eff.org/document/hacking-patent-system-2016).
* **Governance:** Especially if and when it makes sense to move a project to a [legal entity outside of the company](../leadership-and-governance/#do-i-need-a-legal-entity-to-support-my-project).

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