Software (software) is an integral part of computer technology. As an intellectual property product, software is protected. This protection extends to the legality of copying, modifying the software product and is issued in the form of a license. Obtaining a license means agreeing to all the points of use specified in the agreement. Any unauthorized (without the consent of its author) use of the software is, of course, an illegal act.
Software Licensing
In Russian legislation, the term "license" is interpreted in two ways:
- State permission issued by the authorized body for a certain type of activity. The list of areas of activity subject to unconditional licensing is established by law.
- Permission from an author or publisher who has exclusive rights to an intellectual property (trademark, motion picture, computer program) given to another person for use in the agreed manner.
Permits are issued by government agencies on the basis of the Federal Law “On Licensing Certain Types of Activities”.
Licenses-permissions for the use of databases, computer software, as a rule, are concluded as a bilateral agreement. This document is called a license agreement - software license.
Under the agreement, the main copyright holder transfers to the user the right to use the object of the agreement with or without the specified restrictions. The scope of the buyer's authority is determined by agreement of the parties. But the copyright holder can transfer no more rights than he has.
Modern legislation has developed different types of licenses.
1. Exclusive or non-exclusive rights are transferred by agreement. The transfer of non-exclusive rights means that the copyright holder continues to use the intellectual property to the same extent. The user receives equal rights with the copyright holder. The right holder may subsequently repeatedly transfer the same rights to an unlimited circle of persons.
The transfer of exclusive rights to the Software results in the acquisition by the user of exclusive rights to intellectual property. The right holder himself can no longer independently exercise the transferred powers, nor transfer their powers to other persons.
2. Another division of types of licenses is applicable only to computer software licenses: programs can be distributed as OpenWare - on an open source basis or without it.
With the option of distribution under open source conditions, the user receives the right to use the software, as well as the source codes of programs with the authority to modify the source texts at his own discretion, changing to any extent.
In the future, the modified software product can be used depending on the license. Two types of licenses have now been developed, specifying the details of the conditions for the transfer of open source software. These are the GNU GPL and FreeBSD. The fundamental difference between them is in the continuity of open source properties: under the GNU GPL license, any software products developed by modifying the program code obtained under these conditions can then be distributed only within the boundaries of the GNU GPL license.
The FreeBSD license gives the owner of the software much more freedom: programs modified by him can be further distributed under other conditions provided by the author of the changes, both free of charge and for a fee.
It should be noted that there are other types of licenses that contain the condition for the transfer of the source code by the right holder with different amounts of user rights.
3. Often software licensing classified according to reward. So the software is divided into free, shareware and commercial. It should be noted that the free use of programs does not mean the authority to obtain source codes. Often, free software also means that there are no guarantees for the proper functioning of the software.
A shareware license for software means temporary or functional limitations of the software, which can be removed by paying for the full version.
With paid distribution of software, the user usually receives some manufacturer's warranty and its obligations to support the product.
4. Software licensing can also be divided by user and by purpose of the contract. EULA agreements stand out here - with the end user, and those licenses that provide for the revision by the software purchaser.
It should be noted that the standard form of the EULA license agreement has not yet been developed. As a rule, small firms are guided by the text of license agreements of large companies, for example, Microsoft.
5. When granting rights to the software to the end user, in some cases it is referred to OEM / BOX - “related” licenses and “independently provided”.
For OEM deliveries with a computer, a package of pre-installed software is purchased. Such licenses are much more profitable financially, but require a smaller amount of user authority.
Boxed (BOX) delivery includes software on media and documentation for it. The buyer receives a slightly larger scope of powers. Often a BOX supply uses a "wrapped license": an opened box means acceptance of the license agreement (applied to the wrapper).
Software Licensing- the key to the success of the manufacturer. The right choice of license type allows the developer or reseller to protect intellectual property and optimize the business.
Currently, there are just a huge number of various programs on the Internet, and we all know that programs that are downloaded from the Internet are free or paid. You don’t have to pay for free ones, but paid (licensed) programs require payment from us.
However, not everything is so simple in the world of software! In fact, most free programs are also licensed, and paid programs can often be installed for free (under certain conditions).
There are a lot of conditions for using software, and there are very different types of licenses. In this article, let's talk about what types of licenses exist today, and try to figure out what their differences are. First, let's define the concept license. Roughly speaking, the license is the rules for using the program. In other words, this is plain text that details what the user can do with the program and what he is not allowed to do. You probably noticed that when installing most programs, we need to agree to the terms of the License Agreement? Usually for this we just put a tick and without reading we press the button Further(since if the checkbox is not checked, then we simply will not be able to continue installing the program):
Well, if the program has a license agreement, then from a legal point of view, such a program is already licensed (even if it is free). If we consider the financial side of the issue, then the programs are divided into three large groups: free, shareware (with restrictions) and paid. Each group, in turn, contains its own types of licenses, which are often very similar to each other (it can be quite difficult to find differences).
Let's try to deal with them!
So…
Types of software licenses
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Antivirus programs often classify Adware as Spyware.
The term adware is also used to refer to malware that displays ads (most often in an Internet browser). beerware- This is a type of software license that provides that users can use the software and its source codes for free, however, if the user meets the author of the program, he must buy him a mug of beer. Such a joke licensing model actually means that you can simply use the program freely, without having to buy a license. However, still do not forget to thank the author if you meet him. betaware- preliminary (test) beta version of commercial or non-commercial software. Can be used for free, but is often limited to a testing period. careware, charityware(from the English care - "care" and software - "software") - a type of shareware software. The author of this type of software requires that payment for it go to charitable purposes either directly to the author or to the specified address. There are also cases when the author gave users the right to use his program on the condition that they should stop complaining about difficulties and about their lives. These are non-traditional conditions for using programs, which rather involve not selling, but exchanging a software product for something valuable to the author or fulfilling some other condition. As a rule, such an exchange is optional (your "product" is regarded more as a token of attention), and you can use the Careware software in the same way as . CDware- CD-ROM software distributed for promotional purposes. commercial software(translated from English - "commercial software") - software created for the purpose of making a profit from its use by others, for example, by selling copies. Protected by various laws. The developer of commercial software does not even provide for trial or limited use of it. In other words, you can install the program only after full payment. This approach is rarely used in the software world, because it does not give the user the opportunity to test the program before buying it. Many people mistakenly consider commercial and free software to be opposites. After all, free software is considered from the moment the author grants the rights to freely modify, distribute and profit from his product. It follows that free software may well be commercial products. The opposite of free software is proprietary software, which can also be either commercial or. Crippleware- Key features of the program have been removed. There are no restrictions on the time of use. After payment, a fully functional version is provided. Demo (Demo)— a demo version of commercial software distributed free of charge (shareware) and having a large number of functionality limitations compared to the main version. The main goal is not a trial use, but a demonstration of the possibilities. Noticeably more limited compared to trialware. The most popular types of restrictions:
- Limitation of the program running time, the number of launches, the number of levels (in games).
- Lack of some functionality.
- Blocking access to important functions, such as saving a file.
- Adding additional information to saved files, such as signatures (watermarks) in image and video editing programs.
The GPL grants recipients of computer programs the following rights, or "freedoms":
- freedom to run the program for any purpose;
- the freedom to study how the program works and modify it (a precondition for this is access to the source code);
- freedom to distribute copies of both source and executable code;
- the freedom to improve the program, and release improvements to the public (a precondition for this is access to the source code).
Since we are talking about paid software, Nagware can have the statuses , and at the same time. (translated from English - "open software") - open source software. The source code of such programs is available for viewing, studying and modifying, which allows the user to take part in finalizing the most open program, as well as use the code to create new programs and fix errors in them - through borrowing the source code, if the license allows, or through studying used algorithms, data structures, technologies, techniques and interfaces (since the source code can significantly supplement the documentation, and in the absence of such it itself serves as documentation). An "open" license does not require that open source software be provided free of charge. However, many of the most successful open source projects are free. The vast majority of open programs are both . The definitions of open source and free software do not exactly match each other, but they are close, and most licenses match both. The difference between the open source and free software movements lies mainly in priorities. Supporters of the term "open source" emphasize the effectiveness of open source as a method of developing, modernizing and maintaining programs. Proponents of the term "free software" believe that it is the rights to freely distribute, modify and study programs that are the main advantage of free open source software. Orphanware- a variety when the author cannot be found. Post cardware, cardware- a form of software distribution, in which the author distributes his program, indicating that he will be glad if users who receive it send him a postcard or email (emailware) with words of gratitude. These letters are used by authors to advertise their work. Like other similar semi-joking forms of distribution, this form is not tightly controlled. Nevertheless, there are cases when the program is distributed in trial mode and only after the author receives the postcard, the user will be able to use it in full. Proprietary software(proprietary software, from English. proprietary- “private, patented, owned” and software- "software") - software that is the private property of authors or copyright holders and does not meet the criteria (the presence of open source code is not enough). The owner of the proprietary software retains a monopoly on its use, copying and modification, in whole or in significant moments. It is common to refer to proprietary software as any non-free software, including semi-free software. The concept under consideration is not related to the concept. public domain- free software. No restrictions on modification and use. Not protected by copyright. on the market (that is, on the way to the end user), in which the tester is offered a limited in capabilities (incompletely functional or demo version), validity period (trial version, from English trial - trial) or a version with a built-in blocker reminder of the need payment for the use of the program. The license may also stipulate a ban on commercial or professional (not test) use of it. Sometimes an unregistered program stops running after some time (for example, 30 days). Sometimes some functions become unavailable. Sometimes the functionality remains in full, but the user is occasionally shown a reminder that he is using an unregistered version.Trialware(variety
Windows 10
Windows 10 is the most complete, comprehensive and modernized operating system in Microsoft's Windows history. This is a complete rethinking of the concept of Windows, taking into account the negative feedback from users of the Windows 8 system.
Types of licenses
The acquisition of a software product is the acquisition of a license, the right to use it. For each program used, a license is required, it is she who provides the official right to use a particular program.
Many years have passed since the development of the first computer programs, and this time was not wasted in vain. Each of the software manufacturers came up with new options for licensing their own products.
So what are the licenses?
- Paid, free and shareware.
- By the time of use - temporary or permanent.
- For commercial organizations, academic or government institutions, partner licenses or non-commercial use.
- Per user, per device, per company, or per specific region of use.
- In server products, you will increasingly see licensing by processor or core.
- For a limited number of connections (to the server) or for an unlimited number.
Currently, more and more software companies, in the case of providing cloud solutions, offer a license as a subscription, which the user pays either once a month or once a year.
The license may be for a fixed version of the product or include updates to new versions over a period of time (usually 1 year).
An example of variability is the purchase of a license for Microsoft Office - this product can be purchased under various Microsoft licensing programs: as a box, as an electronic key (ESD), under the OLP, OVL, OVLS, EA, EAS, Select, School Agreement or as a subscription within Office365 cloud services. In each case, this is a license with its own price and its own restrictions on the rights of use and purchase rules.
The process of acquiring licenses from each of the software vendors is a separate exciting process. Therefore, in order to obtain the license you need with minimal costs, it is better to contact our sales department and get the necessary advice.
Legal and accounting information
Software license- this legal a tool that determines the use and distribution of copyrighted software. Typically, a software license permits the recipient to use one or more copies of the program, and without the license, such use would be considered legally an infringement of the publisher's copyright. Essentially, the license acts as a guarantee that the software publisher, which owns the exclusive rights to the program, will not sue the one who uses it.
There is a wide variety of software on the Internet. Most users do not think about copyright for computer products, but meanwhile, this issue is not so simple. Today we will try to figure out what licensed software is, how it happens, whether you can get it for free. We will also highlight the problem of consumer liability for the illegal use of software.
In this article, we will consider only the main points related to this topic, since it is very voluminous, and it is not possible to show everything.
What it is
Let's start with a definition. This is the right of ownership of the software registered in the authorized bodies. A legal instrument that defines the rules for using, copying, distributing OS, multimedia applications, games. Typically, such an agreement allows the purchaser of the product to work with one or more copies of the product. Lack of permission, under the law, is a violation of copyright.
For the creator, the formalization of ownership is a guarantee that other people will not use his intellectual property for commercial purposes.
For the consumer, it is a guarantee that the publisher will not sue him for the illegal exploitation of his property.
The licensed software is registered with the owner and can be verified if necessary. The distribution itself or the documentation is not a sign of a certificate.
What is a contract
This is the usual text, which stipulates the duties and responsibilities of the parties. The agreement may be attached to the purchased product on paper or in electronic form if the purchase was made online. The second option is called "wrapping". This means that the terms of the transaction are indicated on the packaging of the application or in the application itself. In the latter case, the user puts a mark, agreeing with the text presented. Confirmation of consent and installation is equal to a regular signature.
Types of license agreements
According to the agreement, the creator of the product and the owner of all rights to it is called the licensor, and the other party is called the licensee. The document defines the scope of the use of property and may have several variations.
- Simple/non-exclusive. The buyer receives the basis for the use of intellectual property. The owner reserves the prerogative to sell the features of the software to others.
- Exceptional. Only one user who has acquired the rights can operate the utility.
The agreement assumes simple and non-exclusive ownership unless otherwise stated in it. This variety is most often found in distributed operating systems for computers and laptops.
What documents confirm that the software is licensed
You can confirm the legality of the software by the following signs:
- Certificate of Authenticity. It is not always provided by the manufacturer.
- The presence of branded holograms, stickers on the box (when the boxed version is delivered).
- End user agreement (in traditional or electronic form).
- User guide. Not available in all cases.
- Original packaging, in the BOX version.
- Any documentation that accompanies the product.
- Reporting for the supply and purchase and sale (invoice, invoice).
Acquisition methods
BOX or FPP
Application media, documentation and confirmation are packed in the box. Can be purchased at retail. The main buyers are small businesses and individuals. Usually the purchaser receives the right to use the program on one computer - this is indicated on the packaging. Otherwise, the price increases.
The key for such a product is one and is activated via the Internet or telephone. You can install it on any media, delete it, transfer it to another PC.
The disadvantages include the high price, a large percentage of fakes that are difficult to distinguish from the originals.
OEM
A software version designed for manufacturers and assemblers of laptops and components. It is sold without colorful packaging, additional materials. Contains application media and activation password. Such a permit is much cheaper, but is prohibited for sale to ordinary buyers. In the store you buy equipment with just such software.
The downside for a simple consumer is that you can use the OS only with a purchased PC.
GGK
Special offer from Microsoft. It consists in licensing already installed operating systems: hacked, pirated versions. Applies to Windows XP, Vista, Home Basic, Premium. The user receives a distribution kit with original products and a certificate of authenticity.
Volume Licensing
For businesses that need more than five copies. Supplied without box and other contents as in BOX. One contract for activation is drawn up and the required number of keys is issued. This variety is cost-effective for small businesses.
EA
For large corporations that require more than 250 software versions.
Subscription
Software subscription, paid monthly or annually.
Types of software licenses
The acquisition of software is the purchase of the right to use a certain amount of software.
By number of owners:
- Network. For enterprises where several or all employees must use the same software. Suitable for large holdings and organizations.
- Local. Installed on one PC and works only on it.
ZWSOFT offers applications for engineering calculations: CADbro, SPDS GraphiCS, CAD Pockets, with local, network, corporate, permanent and temporary licenses.
According to the payment method, computer utilities are divided into three main varieties, each of which contains subgroups.
Shareware
This includes the following types:
- Demo, demoware. Demo version of the application. Its meaning is to show the potential buyer what the product is capable of. The downside is that you won’t be able to try the software at work.
- shareware. These are developments that are provided free of charge only for a trial period or with truncated functionality. Trial, trialware. A type of licensed software that is similar to the previous one, but with a full set of features for a certain period of time. It can be an access period of 14, 7, 30, 90 days. In some cases, the publisher counts down usage time by launches. For example, a client can work in the application 10 times, and then you need to buy it. In trial versions from the manufacturer ZWSOFT, you can test the functionality, with a limit on the size of the saved file, export for 30 days.
Paid
- Payware (commercial). Distributed only after payment and protected by copyright law. The main goal of the development is to make a profit for the owner. Such a product can be developed for a specific customer or a group of several customers. Often the developer does not release a trial version.
This group can also include types of computer software that can be used free of charge, but with some conditions: specifying a link to the publisher, exchange for something, with a reminder that the author did not receive money, beta versions of applications.
This article is written for those who want to understand what software licensing and licensing is and what it is for. Of course, it is not possible to consider all possible software licensing schemes in a short article, so I will try to briefly show only the most popular of them.
The main document that defines the rights and obligations of the user of the software is the license agreement, which is attached to the purchased product either in the form of a paper document or in electronic form. It is this agreement that defines the rules for using this instance of the product. Essentially, the license acts as a guarantee that the software publisher, which owns the exclusive rights to the program, will not sue the one who uses it. In other words, the software publisher places certain protective limits on the use of its software.
Classification of licenses and types of software licensing
Basically, programs are divided into two large groups - free use (free and open license) and non-free (commercial license), and between them there are shareware programs that can be divided into two groups in half, such programs can be downloaded and used, but until you pay for it, you may experience some problems or restrictions.Open include: Open Source open source programs that can be modified.
Freeware includes: Freeware, GPL, Adware, Postcardware, Donationware, Nagware/Begware.
Shareware includes: ShareWare, TrialWare, Demoware.
Commercial ones include: Commercial the main goal of such programs is to make a profit, the program code is closed.
For clarity, let's consider a comparative description of the conditions of the most common licenses in the form of a table, which will indicate the presence or absence of certain requirements in the license. All licenses that will be considered are licenses approved by the Open Source Initiative for the distribution of open source software.
* Unless there is written permission to use the product name of the license creators.
** In this case, we are talking about the original text.
Let's briefly analyze what type of licensing what it is.
OEM. Preinstalled software is one of the cheapest options. It lies in the fact that the user purchases the software along with the computer or server itself and can only be used on the purchased PC.
Full Package Product. The "boxed" product is used mainly for retail trade and is convenient for individuals or small businesses. Permission to use a software product on one computer gives the purchase of one "box" and it does not matter how many people will use this PC. You can also change the PC, but a certain number of times.
Volume Licensing. A corporate license is convenient for companies that have many employees, computers, and therefore need to purchase many licenses. In this case, the company receives one nominal software license, which contains information about the customer (name, address, etc.), a list of software and keys for its installation. Basically, under this licensing scheme, software developers or distributors provide significant discounts, technical support, solutions for non-standard situations, etc. to companies ordering a nominal license. Today, it is the best for buying new software or updating it for companies.
Subscription. The Software Licensing Subscription is subject to monthly or yearly payments. This scheme is convenient for companies that buy more than 10 licenses. It allows users to get almost all the main benefits of using this product at a minimal initial cost.
So, now let's see what is the difference between licensing types, and what would it be more clearly presented in the form of a table.
Now, according to this table, we can conclude who, what is more suitable.
The OEM version is suitable for those who purchase new equipment. If the software is already pre-installed by the assembler, then the equipment will be much cheaper than buying it yourself and installing it on each device. Benefits in terms of both time and cost.
The FPP version is suitable for those who have already purchased equipment, but do not have the necessary software on it, especially if the company is small and employees will use one PC for several people.
The VL version is suitable for large companies that need fast technical support. support and the ability to solve non-standard situations. And also when buying a license for the whole company, there are always very good discounts.
The SUB version is suitable for those who want to use the software for a short time, or do not know how much this software will be useful to them. If the product is needed for long-term use, then it is better to look at the version from the “box”.
Licensing development trend.
In conclusion, I would like to show how licensing is developing and where everything is going. At the moment, two directions are popular:1) Software Licensing Subscription. Software makers are serious about moving their products to a paid "subscription". Why pay the entire amount for a product at once when you can pay in installments as you use it? Let's compare the advantages and disadvantages of this licensing for the user, and also give an example of the benefits of this method for software developers.
Software developers are smoothly moving from “perpetual” use of the product to a subscription. Let's see how it works:
Thus, software manufacturers encourage users to buy a subscription continuously.
2) Partial transfer of commercial products to open licenses. Thus, attracting large companies and states for sponsorship.
After reading this article, you can understand that licensing practices are constantly changing, and organizations should periodically review the various types of licenses and licensing models, as well as monitor changes in related legislation.
