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Open Software License

Open Software License Template for Australia

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Key Requirements PROMPT example:

Open Software License

"I need an Open Software License for a new machine learning software package we're releasing in March 2025, with specific provisions for commercial use and academic research, ensuring compliance with Australian privacy laws regarding user data collection."

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Document background
The Open Software License is designed for software developers and organizations in Australia who wish to make their software available under open source terms while maintaining appropriate legal protections. This document type is essential when releasing software that allows users to freely use, modify, and distribute the code, while ensuring compliance with Australian intellectual property laws and consumer protection requirements. It includes specific provisions for copyright protection, patent rights (where applicable), attribution requirements, and liability limitations. The license addresses modern software development practices including collaborative development, third-party contributions, and various distribution methods. It is particularly relevant in today's technology landscape where open source software plays a crucial role in innovation and development across various industries.
Suggested Sections

1. Parties: Identifies the licensor (copyright holder) and defines the scope of licensees (users of the software)

2. Background: Explains the context of the license, the software being licensed, and the intent to provide open source access

3. Definitions: Defines key terms used throughout the license, including 'Software', 'Derivative Works', 'Contribution', 'Distribution', etc.

4. Grant of Rights: Specifies the rights granted to licensees, including rights to use, modify, and distribute the software

5. Conditions: States the conditions under which the licensed rights must be exercised, including attribution requirements and copyleft provisions

6. Distribution Requirements: Specifies requirements for distributing the original or modified software, including source code availability

7. Intellectual Property: Addresses copyright, trademark, and patent rights related to the software

8. Disclaimer of Warranty: Clearly states that the software is provided 'as is' without warranties

9. Limitation of Liability: Limits the licensor's liability in accordance with applicable law

10. Termination: Describes conditions under which the license may be terminated and the consequences of termination

Optional Sections

1. Contribution: Include when accepting contributions from the community, defining terms for submitted contributions

2. Patent License: Include when explicit patent rights need to be granted or addressed

3. Export Controls: Include when software may be subject to export regulations

4. Privacy and Data Collection: Include when the software collects or processes user data

5. Geographic Restrictions: Include when usage needs to be restricted in certain jurisdictions

6. Government Users: Include when specifically addressing government use of the software

Suggested Schedules

1. Schedule 1 - Software Description: Detailed description of the software, including version number and components covered

2. Schedule 2 - Third-Party Components: List of third-party software components and their respective licenses

3. Schedule 3 - Required Notices: Specific copyright and attribution notices that must be included in distributions

4. Appendix A - License Text Requirements: Format and content requirements for license notices in source code and documentation

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Information Technology

Software Development

Healthcare Technology

Financial Technology

Education Technology

Manufacturing

Research and Development

Telecommunications

Digital Media

E-commerce

Government and Public Sector

Non-profit Organizations

Relevant Teams

Legal

Software Development

Compliance

Information Technology

Research and Development

Product Management

Information Security

Documentation

Innovation

Risk Management

Relevant Roles

Software Developer

Legal Counsel

Intellectual Property Lawyer

Chief Technology Officer

Software Architect

Open Source Program Manager

Compliance Officer

Product Manager

Development Team Lead

Project Manager

Research and Development Director

Information Security Officer

Technical Documentation Writer

Innovation Manager

Industries
Copyright Act 1968: Primary legislation governing copyright protection in Australia, including protection of computer programs as literary works and provisions for licensing of copyright material
Competition and Consumer Act 2010: Contains the Australian Consumer Law (ACL) which provides consumer protections and regulates warranties, guarantees, and unfair contract terms that may apply to software licenses
Privacy Act 1988: Regulates the handling of personal information and may be relevant if the software processes user data or includes privacy-related terms in the license
Electronic Transactions Act 1999: Provides legal framework for electronic transactions and may be relevant for software distribution and license acceptance
Patents Act 1990: May be relevant if the software contains patentable elements that need to be addressed in the license terms
Contract Law (Common Law): General principles of contract law that govern formation and enforcement of contracts, including software licenses
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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