The choice of an appropriate license is a pivotal decision in the lifecycle of a project at Penn State. This decision should align with the project’s goals, intended public availability, and adhere to Penn State’s policies. Here, we outline the options for both open source and traditional licensing.
Open Source Licensing
- Assessing Open Source Suitability:
- Determine if the project aligns with open source principles such as collaboration, transparency, and community engagement.
- Ensure that open sourcing aligns with the project’s objectives and intended outcomes.
- Ensure compliance with the Penn State Inventor’s Guide to Tech Transfer.
- Ensure alignment with sponsor goals and contractual obligations.
- Choosing an Open Source License:
- For projects intended for public availability and community collaboration, open source licenses are preferred.
- BSD 3-Clause License: A popular choice for permissive licensing at Penn State. It allows for wide use and distribution of the software while maintaining a minimal restriction on how it can be used and integrated into other projects. The BSD 2-clause license should not be used for PSU-sponsored OSS.
- Other Open Source Licenses: Depending on project specifics and goals, other licenses like the Apache License or the Mozilla Public License may be considered. Each has its own set of conditions and benefits that should align with the project’s intended use and distribution.
- Permitted Licenses:
- BSD 3-Clause License (permissive)
- Apache License Version 2.0 (permissive)
- Mozilla Public License (copyleft)
- Restricted Licenses: To protect PSU intellectual property, the following licenses should NOT be used for PSU-sponsored OSS that contain PSU trademarks. This does not infer a prohibition on Penn State personnel contributing to or using software published under these licenses.
- BOOST License Version 1.0
- BSD 2-clause
- GNU LGPLv3
- GNU GPLv3
- GNU AGPLv33
- MIT License
- The Unlicense
- Compliance with Penn State Policies and Guidelines:
- Ensure that the chosen open source license is in compliance with Penn State’s intellectual property policies.
- Ensure that you understand and comply with Penn State branding guidelines and any relevant external funding agreements.
Traditional Licensing
- When to Consider Traditional Licensing:
- Opt for traditional licensing for projects that are not intended for open development or have potential commercial applications that require restricted use or distribution.
- Working with OTM:
- Engage with Penn State’s Office of Technology Management (OTM) for guidance in selecting an appropriate commercial license.
- OTM will assist in evaluating the project’s commercial potential, IP aspects, and aligning the licensing strategy with university policies and any external contractual obligations.
- Commercial License Options:
- Explore various forms of traditional licenses, which may include exclusive or non-exclusive agreements, depending on the project’s nature and potential market applicability.
- Consideration should be given to how these licenses impact future development, use, and commercialization of the project.
- Documentation and Formalization:
- Work with OTM to document the licensing decision, formalize the agreement, and ensure that all legal and procedural requirements are met.
Finalizing the Licensing Strategy
- Once a licensing path is chosen, either open source or traditional, proceed to formalize the strategy.
- Document the rationale for the licensing choice, ensuring transparency and alignment with the project’s goals and Penn State’s policies.
- Regularly review the licensing strategy to ensure it continues to align with the evolving nature of the project and any changes in university or external sponsor policies.