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Restrictive Open Source License

Restrictive Open Source License Template for Germany

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Key Requirements PROMPT example:

Restrictive Open Source License

"I need a Restrictive Open Source License for our machine learning software that allows academic and research use but restricts commercial applications, particularly focusing on preventing use in military and surveillance systems."

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Document background
This Restrictive Open Source License is designed for organizations seeking to release software under open source terms while maintaining specific controls over its use and distribution. It is particularly suited for companies operating under German jurisdiction who want to protect their intellectual property while benefiting from open source collaboration. The license incorporates essential elements of German copyright law (Urheberrecht) and contract law, including mandatory provisions regarding liability and warranty limitations. This document should be used when standard permissive open source licenses are too lenient, but fully proprietary licenses are too restrictive. It includes specific provisions for commercial use limitations, contribution terms, and compliance with German and EU regulatory requirements.
Suggested Sections

1. Preamble: Identifies the license and its general purpose, important for German contract interpretation

2. Definitions: Defines key terms used throughout the license, including 'Work', 'Modification', 'Distribution', and specific restricted uses

3. Grant of Rights: Explicit grant of copyright and usage rights under German law, including scope and permitted uses

4. Restrictions: Clear enumeration of restrictions on use, modification, and distribution

5. Distribution Obligations: Requirements for redistributing the software, including notice and source code provisions

6. Contributor Provisions: Rules for contributions and contributor rights assignments

7. Warranty and Liability: Warranty disclaimers and liability limitations conforming to German law requirements

8. Termination: Conditions for license termination and consequences of termination

9. Miscellaneous: Including governing law, jurisdiction, and severability provisions

Optional Sections

1. Patent License: Additional section for patent rights grant or patent peace provisions, needed if software may be subject to patent rights

2. Trademark Usage: Rules for using associated trademarks, needed if the software includes branded elements

3. Export Control: Specific provisions for export compliance, needed if software contains cryptography or security features

4. Data Protection: GDPR and BDSG compliance provisions, needed if software processes personal data

5. Commercial Use Restrictions: Specific limitations on commercial use, needed for dual-licensing models

6. Network Use Provisions: Special provisions for network or SaaS use, needed for strong copyleft or network-protective licenses

Suggested Schedules

1. Schedule A - Licensed Software: Detailed description of the covered software components and versions

2. Schedule B - Required Notices: Specific copyright and attribution notices that must be included

3. Schedule C - Compatible Licenses: List of licenses deemed compatible for combined works

4. Appendix A - Source Code Notice: Template for the mandatory source code notice

5. Appendix B - Attribution Requirements: Detailed attribution requirements and formats

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Software Development

Information Technology

Telecommunications

Financial Services

Healthcare Technology

Industrial Automation

Enterprise Software

Consumer Electronics

Research and Development

Education Technology

Digital Media

Cybersecurity

Relevant Teams

Legal

Software Development

Product Development

Information Technology

Compliance

Risk Management

Research & Development

Information Security

Corporate Strategy

Intellectual Property

Relevant Roles

Legal Counsel

Software Development Manager

Chief Technology Officer

Intellectual Property Manager

Open Source Compliance Officer

Software Engineer

Product Manager

Risk Management Officer

IT Security Manager

Research & Development Director

Technology Licensing Manager

Chief Legal Officer

Data Protection Officer

Compliance Manager

Industries







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