Definitions

The Open Source Initiative's (OSI) definition is recognized by several governments internationally as the standard or de facto definition. In addition, many of the world's largest open-source-software projects and contributors, including Debian, Drupal Association, FreeBSD Foundation, Linux Foundation, OpenSUSE Foundation, Mozilla Foundation, Wikimedia Foundation, Wordpress Foundation have committed to upholding the OSI's mission and Open Source Definition through the OSI Affiliate Agreement.

OSI uses The Open Source Definition to determine whether it considers a software license open source. The definition was based on the Debian Free Software Guidelines, written and adapted primarily by Perens. Perens did not base his writing on the "four freedoms" from the Free Software Foundation (FSF), which were only widely available later.

Under Perens' definition, open source is a broad software license that makes source code available to the general public with relaxed or non-existent restrictions on the use and modification of the code. It is an explicit "feature" of open source that it puts very few restrictions on the use or distribution by any organization or user, in order to enable the rapid evolution of the software.

Despite initially accepting it, Richard Stallman of the FSF now flatly opposes the term "Open Source" being applied to what they refer to as "free software". Although he agrees that the two terms describe "almost the same category of software", Stallman considers equating the terms incorrect and misleading. Stallman also opposes the professed pragmatism of the Open Source Initiative, as he fears that the free software ideals of freedom and community are threatened by compromising on the FSF's idealistic standards for software freedom. The FSF considers free software to be a subset of open-source software, and Richard Stallman explained that DRM software, for example, can be developed as open source, despite that it does not give its users freedom (it restricts them), and thus doesn't qualify as free software.

Open-source software licensingedit

When an author contributes code to an open-source project (e.g., Apache.org) they do so under an explicit license (e.g., the Apache Contributor License Agreement) or an implicit license (e.g. the open-source license under which the project is already licensing code). Some open-source projects do not take contributed code under a license, but actually require joint assignment of the author's copyright in order to accept code contributions into the project.

Examples of free software license / open-source licenses include Apache License, BSD license, GNU General Public License, GNU Lesser General Public License, MIT License, Eclipse Public License and Mozilla Public License.

The proliferation of open-source licenses is a negative aspect of the open-source movement because it is often difficult to understand the legal implications of the differences between licenses. With more than 180,000 open-source projects available and more than 1400 unique licenses, the complexity of deciding how to manage open-source use within "closed-source" commercial enterprises has dramatically increased. Some are home-grown, while others are modeled after mainstream FOSS licenses such as Berkeley Software Distribution ("BSD"), Apache, MIT-style (Massachusetts Institute of Technology), or GNU General Public License ("GPL"). In view of this, open-source practitioners are starting to use classification schemes in which FOSS licenses are grouped (typically based on the existence and obligations imposed by the copyleft provision; the strength of the copyleft provision).

An important legal milestone for the open source / free software movement was passed in 2008, when the US federal appeals court ruled that free software licenses definitely do set legally binding conditions on the use of copyrighted work, and they are therefore enforceable under existing copyright law. As a result, if end-users violate the licensing conditions, their license disappears, meaning they are infringing copyright. Despite this licensing risk, most commercial software vendors are using open-source software in commercial products while fulfilling the license terms, e.g. leveraging the Apache license.

Certificationsedit

Certification can help to build user confidence. Certification could be applied to the simplest component, to a whole software system. The United Nations University International Institute for Software Technology, initiated a project known as "The Global Desktop Project". This project aims to build a desktop interface that every end-user is able to understand and interact with, thus crossing the language and cultural barriers. The project would improve developing nations' access to information systems. UNU/IIST hopes to achieve this without any compromise in the quality of the software by introducing certifications.