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Open Source Software Licence

Open Source Software Licence Template for Denmark

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Open Source Software Licence

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This Open Source Software License is designed for use when releasing software under Danish law while maintaining compatibility with international open source principles. It is particularly suitable for Danish companies, organizations, or individuals seeking to release their software under an open source model while ensuring compliance with local legal requirements. The license incorporates essential elements of Danish copyright law, contract law, and relevant EU directives, including provisions for GDPR compliance where applicable. It provides a framework for both commercial and non-commercial use, addressing modern software distribution methods while maintaining the fundamental freedoms associated with open source software. This document should be used when releasing software that needs to comply specifically with Danish legal requirements while remaining accessible to an international user base.
Suggested Sections

1. Parties: Identifies the licensor (copyright holder) and defines the potential licensees

2. Background: Explains the purpose of the license and the software being licensed

3. Definitions: Defines key terms including 'Software', 'Source Code', 'Derivative Works', 'Contribution', and other license-specific terms

4. Grant of Rights: Specifies the rights granted under the license, including use, modification, and distribution rights

5. Conditions of Use: States the conditions under which the license is granted, including attribution requirements and preservation of notices

6. Redistribution Requirements: Specifies conditions for redistributing the software, including source code availability requirements

7. Disclaimer of Warranty: Disclaims warranties to the extent permitted under Danish law

8. Limitation of Liability: Limits liability in accordance with Danish law requirements

9. Term and Termination: Specifies duration of the license and conditions for termination

10. Governing Law and Jurisdiction: Establishes Danish law as governing law and specifies jurisdiction for disputes

Optional Sections

1. Patent License: Include when the software may be subject to patent rights that need to be explicitly licensed

2. Contribution Guidelines: Include when the project accepts external contributions to clarify contributor rights

3. Commercial Use Provisions: Include when specific terms apply to commercial usage of the software

4. Data Protection Compliance: Include when the software processes personal data or requires GDPR compliance

5. Network Use Provisions: Include when the software may be provided as a network service (addressing the ASP loophole)

6. Trademark Use: Include when there are specific requirements for using associated trademarks

7. Export Control: Include when the software may be subject to export control regulations

Suggested Schedules

1. Schedule A - Software Description: Technical description of the licensed software components and versions

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

3. Schedule C - Required Notices: Specific copyright and attribution notices that must be preserved

4. Appendix 1 - Acceptable License Terms: List of compatible licenses for combined works and dependencies

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Danish Copyright Act (Ophavsretsloven): Primary legislation governing intellectual property rights in Denmark, protecting software as literary works and establishing author's rights
Danish Contracts Act (Aftaleloven): Governs contract formation, validity, and interpretation, crucial for establishing the binding nature of the license agreement
Danish Marketing Practices Act (Markedsføringsloven): Regulates commercial practices and fair competition, relevant for commercial aspects of software distribution
EU Software Directive (2009/24/EC) as implemented in Danish law: Specific provisions for software protection, including decompilation rights and interoperability requirements
EU Database Directive (96/9/EC) as implemented in Danish law: Relevant if the software includes or operates on databases, providing specific protection for database structures
General Data Protection Regulation (GDPR) and Danish Data Protection Act: Applicable for handling personal data in software usage and attribution requirements
Danish Competition Act (Konkurrenceloven): Relevant for ensuring license terms do not create anti-competitive effects in the market
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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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