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The Scope of Open Source Licensing / Josh Lerner, Jean Tirole.

By: Contributor(s): Material type: TextTextSeries: Working Paper Series (National Bureau of Economic Research) ; no. w9363.Publication details: Cambridge, Mass. National Bureau of Economic Research 2002.Description: 1 online resource: illustrations (black and white)Subject(s): Online resources: Available additional physical forms:
  • Hardcopy version available to institutional subscribers
Abstract: This paper is an initial exploration of the determinants of open source license choice. It first enumerates the various considerations that should figure into the licensor's choice of contractual terms, in particular highlighting how the decision is shaped not just by the preferences of the licensor itself, but also by that of the community of developers. The paper then presents an empirical analysis of the determinants of license choice using the Source Forge database, a compilation of nearly 40,000 open source projects. Projects geared toward end-users tend to have restrictive licenses, while those oriented toward developers are less likely to do so. Projects that are designed to run on commercial operating systems and those geared towards the Internet are less likely to have restrictive licenses. Finally, projects that are likely to be attractive to consumers such as games are more likely to have restrictive licenses. A more tentative conclusion based on a much smaller sample is that projects that involve software developed in a corporate setting are likely to have more restrictive licenses. These findings are broadly consistent with theoretical predictions.
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December 2002.

This paper is an initial exploration of the determinants of open source license choice. It first enumerates the various considerations that should figure into the licensor's choice of contractual terms, in particular highlighting how the decision is shaped not just by the preferences of the licensor itself, but also by that of the community of developers. The paper then presents an empirical analysis of the determinants of license choice using the Source Forge database, a compilation of nearly 40,000 open source projects. Projects geared toward end-users tend to have restrictive licenses, while those oriented toward developers are less likely to do so. Projects that are designed to run on commercial operating systems and those geared towards the Internet are less likely to have restrictive licenses. Finally, projects that are likely to be attractive to consumers such as games are more likely to have restrictive licenses. A more tentative conclusion based on a much smaller sample is that projects that involve software developed in a corporate setting are likely to have more restrictive licenses. These findings are broadly consistent with theoretical predictions.

Hardcopy version available to institutional subscribers

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