BSD Licenses: History
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BSD licenses are a family of permissive free software licenses, imposing minimal restrictions on the use and distribution of covered software. This is in contrast to copyleft licenses, which have share-alike requirements. The original BSD license was used for its namesake, the Berkeley Software Distribution (BSD), a Unix-like operating system. The original version has since been revised, and its descendants are referred to as modified BSD licenses. BSD is both a license and a class of license (generally referred to as BSD-like). The modified BSD license (in wide use today) is very similar to the license originally used for the BSD version of Unix. The BSD license is a simple license that merely requires that all code retain the BSD license notice if redistributed in source code format, or reproduce the notice if redistributed in binary format. The BSD license (unlike some other licenses e.g. GPL) does not require that source code be distributed at all.

  • copyleft
  • gpl
  • free software

1. Terms

In addition to the original (4-clause) license used for BSD, several derivative licenses have emerged that are also commonly referred to as a "BSD license". Today, the typical BSD license is the 3-clause version, which is revised from the original 4-clause version.

In all BSD licenses as following, <year> is the year of the copyright. As published in BSD, <copyright holder> is "Regents of the University of California".

1.1. Previous License

Some releases of BSD prior to the adoption of the 4-clause BSD license used a license that is clearly ancestral to the 4-clause BSD license. These releases include some parts of 4.3BSD-Tahoe (1988), about 1000 files,[1] and Net/1 (1989). Although largely replaced by the 4-clause license, this license can be found in 4.3BSD-Reno, Net/2, and 4.4BSD-Alpha.

Copyright (c) <year> <copyright holder>. All rights reserved.

Redistribution and use in source and binary forms are permitted provided that the above copyright notice and this paragraph are duplicated in all such forms and that any documentation, advertising materials, and other materials related to such distribution and use acknowledge that the software was developed by the <copyright holder>. The name of the <copyright holder> may not be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED `'AS IS″ AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

1.2. 4-Clause License (Original "BSD License")

The original BSD license contained a clause not found in later licenses, known as the "advertising clause". This clause eventually became controversial, as it required authors of all works deriving from a BSD-licensed work to include an acknowledgment of the original source in all advertising material. This was clause number 3 in the original license text:[2]

Copyright (c) <year>, <copyright holder> All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the <copyright holder>.
  4. Neither the name of the <copyright holder> nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY <COPYRIGHT HOLDER> AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL <COPYRIGHT HOLDER> BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

[2]

This clause was objected to on the grounds that as people changed the license to reflect their name or organization it led to escalating advertising requirements when programs were combined in a software distribution: every occurrence of the license with a different name required a separate acknowledgment. In arguing against it, Richard Stallman has stated that he counted 75 such acknowledgments in a 1997 version of NetBSD.[3] In addition, the clause presented a legal problem for those wishing to publish BSD-licensed software which relies upon separate programs using the GNU GPL: the advertising clause is incompatible with the GPL, which does not allow the addition of restrictions beyond those it already imposes; because of this, the GPL's publisher, the Free Software Foundation, recommends developers not use the license, though it states there is no reason not to use software already using it.[4]

Today, this original license is now sometimes called "BSD-old" or "4-clause BSD".

1.3. 3-Clause License ("BSD License 2.0", "Revised BSD License", "New BSD License", or "Modified BSD License")

The advertising clause was removed from the license text in the official BSD on 22 July 1999 by William Hoskins, Director of the Office of Technology Licensing for UC Berkeley.[2][5][6] Other BSD distributions removed the clause, but many similar clauses remain in BSD-derived code from other sources, and unrelated code using a derived license.

While the original license is sometimes referred to as the "BSD-old", the resulting 3-clause version is sometimes referred to by "BSD-new." Other names include "New BSD", "revised BSD", "BSD-3", or "3-clause BSD". This version has been vetted as an Open source license by the OSI as "The BSD License".[7] The Free Software Foundation, which refers to the license as the "Modified BSD License", states that it is compatible with the GNU GPL. The FSF encourages users to be specific when referring to the license by name (i.e. not simply referring to it as "a BSD license" or "BSD-style") to avoid confusion with the original BSD license.[8]

This version allows unlimited redistribution for any purpose as long as its copyright notices and the license's disclaimers of warranty are maintained. The license also contains a clause restricting use of the names of contributors for endorsement of a derived work without specific permission.

Copyright <year> <copyright holder>

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.[8]

1.4. 2-Clause License ("Simplified BSD License" or "FreeBSD License")

An even more simplified version has come into use, primarily known for its usage in FreeBSD.[9] It was in use there as early as 29 April 1999[10] and likely well before. The primary difference between it and the New BSD (3-clause) License is that it omits the non-endorsement clause. The FreeBSD version of the license also adds a further disclaimer about views and opinions expressed in the software,[11] though this is not commonly included by other projects.

The Free Software Foundation, which refers to the license as the FreeBSD License, states that it is compatible with the GNU GPL. In addition, the FSF encourages users to be specific when referring to the license by name (i.e. not simply referring to it as "a BSD license" or "BSD-style"), as it does with the modified/new BSD license, to avoid confusion with the original BSD license.[12]

Copyright (c) <year>, <copyright holder>

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.[9]

Other projects, such as NetBSD, use a similar 2-clause license.[13] This version has been vetted as an Open source license by the OSI as the "Simplified BSD License."[7]

The ISC license is functionally equivalent, and endorsed by the OpenBSD project as a license template for new contributions.[14]

1.5. 0-Clause License ("BSD Zero Clause License")

The BSD 0-clause license goes further than the 2-clause license by dropping the requirements to include the copyright notice, license text, or disclaimer in either source or binary forms. Doing so forms a public-domain-equivalent license,[15] the same way as MIT No Attribution License. It is known as "0BSD", "Zero-Clause BSD", or "Free Public License 1.0.0".[16][17] It was first used by Rob Landley in Toybox.

Copyright (C) [year] by [copyright holder] <[email]>

Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted.

THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.[17]

1.6. Other Variations

The SPDX License List contains extra BSD license variations. Examples include:[18]

  • BSD-1-Clause, a license with only the source code retaining clause, used by Berkeley Software Design in the 1990s,[19][20] and later used by the Boost Software License
  • BSD-2-Clause-Patent, a variation of BSD-2-Clause with a patent grant.
  • BSD-3-Clause-No-Nuclear-Warranty, a variation of BSD-3-Clause that adds a disclaimer that a piece of software is not designed for use in a nuclear facility.

2. License Compatibility

2.1. Commercial License Compatibility

The FreeBSD project argues on the advantages of BSD-style licenses for companies and commercial use-cases due to their license compatibility with proprietary licenses and general flexibility, stating that the BSD-style licenses place only "minimal restrictions on future behavior" and are not "legal time-bombs", unlike copyleft licenses.[21] The BSD License allows proprietary use and allows the software released under the license to be incorporated into proprietary products. Works based on the material may be released under a proprietary license as closed source software, allowing usual commercial usages under them.

2.2. FOSS Compatibility

The 3-clause BSD license, like most permissive licenses, is compatible with almost all FOSS licenses (and as well proprietary licenses).[22][23]

Two variants of the license, the New BSD License/Modified BSD License (3-clause),[8] and the Simplified BSD License/FreeBSD License (2-clause)[12] have been verified as GPL-compatible free software licenses by the Free Software Foundation, and have been vetted as open source licenses by the Open Source Initiative.[7] The original, 4-clause BSD license has not been accepted as an open source license and, although the original is considered to be a free software license by the FSF, the FSF does not consider it to be compatible with the GPL due to the advertising clause.[4]

3. Reception and Usage

Over the years I've become convinced that the BSD license is great for code you don't care about. I'll use it myself.

-- Linus Torvalds at LinuxCon 2016[24]

The BSD license family is one of the oldest and most broadly used license families in the Free and open-source software ecosystem. Also, many new licenses were derived or inspired by the BSD licenses. Many FOSS software projects use a BSD license, for instance the BSD OS family (FreeBSD etc.), Google's Bionic or Toybox. (As of 2015) the BSD 3-clause license ranked in popularity number five according to Black Duck Software[25] and sixth according to GitHub data.[26]

The content is sourced from: https://handwiki.org/wiki/Software:BSD_licenses

References

  1. Bostic, Keith (15 June 1988). "4.3BSD-tahoe release". Newsgroup: comp.sys.tahoe. Retrieved 5 December 2021. https://groups.google.com/g/comp.sys.tahoe/c/50ManvdM1-s
  2. "To All Licensees, Distributors of Any Version of BSD". University of California, Berkeley. 1999-07-22. ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change. 
  3. Richard Stallman. "The BSD License Problem". Free Software Foundation. https://www.gnu.org/philosophy/bsd.html. 
  4. "Original BSD license". Various Licenses and Comments about Them. Free Software Foundation. https://www.gnu.org/licenses/license-list.html#OriginalBSD. 
  5. "Berkeley removes Advertising Clause – Slashdot" (in en). https://bsd.slashdot.org/story/99/09/02/189210/berkeley-removes-advertising-clause. 
  6. Comparing the BSD and GPL Licenses on Technology Innovation Management Review by Bruce Montague (on October 2007) http://timreview.ca/article/67
  7. "The BSD License:Licensing". Open Source Initiative. http://www.opensource.org/licenses/bsd-license.php. 
  8. "Modified BSD license". Various Licenses and Comments about Them. Free Software Foundation. https://www.gnu.org/licenses/license-list.html#ModifiedBSD. 
  9. "The FreeBSD Copyright". The FreeBSD Project. http://www.freebsd.org/copyright/freebsd-license.html. 
  10. "The FreeBSD Copyright (as available at archive.org)". The FreeBSD Foundation. http://www.freebsd.org/copyright/freebsd-license.html. 
  11. "The FreeBSD Copyright". https://www.freebsd.org/copyright/freebsd-license.html. 
  12. "FreeBSD license". Various Licenses and Comments about Them. Free Software Foundation. https://www.gnu.org/licenses/license-list.html#FreeBSD. 
  13. "NetBSD Licensing and Redistribution". The NetBSD Foundation. http://www.netbsd.org/about/redistribution.html. 
  14. "OpenBSD Copyright Policy". https://www.openbsd.org/policy.html. 
  15. "BSD 0-Clause License (0BSD) Explained in Plain English". https://tldrlegal.com/license/bsd-0-clause-license. 
  16. "BSD Zero Clause License". https://spdx.org/licenses/0BSD.html. 
  17. "Zero-Clause BSD / Free Public License 1.0.0 (0BSD)". https://opensource.org/licenses/0BSD. 
  18. "SPDX License List". SPDX Working Group. https://spdx.org/licenses/. 
  19. "BSD 1-Clause License". Software Package Data Exchange (SPDX). 2018. https://spdx.org/licenses/BSD-1-Clause.html. 
  20. "Log of /head/include/ifaddrs.h". svnweb.freebsd.org. https://svnweb.freebsd.org/base/head/include/ifaddrs.h?revision=62606&view=markup. 
  21. Montague, Bruce (2013-11-13). "Why you should use a BSD style license for your Open Source Project – GPL Advantages and Disadvantages". FreeBSD. http://www.freebsd.org/doc/en_US.ISO8859-1/articles/bsdl-gpl/article.html. "In contrast to the GPL, which is designed to prevent the proprietary commercialization of Open Source code, the BSD license places minimal restrictions on future behavior. This allows BSD code to remain Open Source or become integrated into commercial solutions, as a project's or company's needs change. In other words, the BSD license does not become a legal time-bomb at any point in the development process. In addition, since the BSD license does not come with the legal complexity of the GPL or LGPL licenses, it allows developers and companies to spend their time creating and promoting good code rather than worrying if that code violates licensing." 
  22. Hanwell, Marcus D. (28 January 2014). "Should I use a permissive license? Copyleft? Or something in the middle?". opensource.com. http://opensource.com/business/14/1/what-license-should-i-use-open-source-project. "Permissive licensing simplifies things One reason the business world, and more and more developers [...], favor permissive licenses is in the simplicity of reuse. The license usually only pertains to the source code that is licensed and makes no attempt to infer any conditions upon any other component, and because of this there is no need to define what constitutes a derived work. I have also never seen a license compatibility chart for permissive licenses; it seems that they are all compatible." 
  23. "Licence Compatibility and Interoperability". Open-Source Software – Develop, share, and reuse open source software for public administrations. joinup.ec.europa.eu. https://joinup.ec.europa.eu/software/page/licence_compatibility_and_interoperability. "The licences for distributing free or open source software (FOSS) are divided in two families: permissive and copyleft. Permissive licences (BSD, MIT, X11, Apache, Zope) are generally compatible and interoperable with most other licences, tolerating to merge, combine or improve the covered code and to re-distribute it under many licences (including non-free or "proprietary")." 
  24. Torvalds at LinuxCon Part III: Permissive Licenses and Org Charts FOSS Force, 2016 https://fossforce.com/2016/09/torvalds-linuxcon-permissive-licenses-org-charts/
  25. "Top 20 licenses". Black Duck Software. 19 November 2015. http://www.blackducksoftware.com/resources/data/top-20-licenses. "1. MIT license 24%, 2. GNU General Public License (GPL) 2.0 23%, 3. Apache License 16%, 4. GNU General Public License (GPL) 3.0 9%, 5. BSD License 2.0 (3-clause, New or Revised) License 6%, 6. GNU Lesser General Public License (LGPL) 2.1 5%, 7. Artistic License (Perl) 4%, 8. GNU Lesser General Public License (LGPL) 3.0 2%, 9. Microsoft Public License 2%, 10. Eclipse Public License (EPL) 2%" 
  26. Balter, Ben (2015-03-09). "Open source license usage on GitHub.com". github.com. https://github.com/blog/1964-license-usage-on-github-com. ""1 MIT 44.69%, 2 Other 15.68%, 3 GPLv2 12.96%, 4 Apache 11.19%, 5 GPLv3 8.88%, 6 BSD 3-clause 4.53%, 7 Unlicense 1.87%, 8 BSD 2-clause 1.70%, 9 LGPLv3 1.30%, 10 AGPLv3 1.05%" 
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