Releasing Software: Source-Available, Open Source, & Other License Options

This is a step-by-step process for determining the appropriate path for releasing software developed at the University of Minnesota under source-available, open source, or express licenses. Technology Commercialization (Tech Comm) teams have collaborated with the Office of General Counsel to identify the most suitable licenses for releasing University-owned copyrights.

Before proceeding, please review the University Regents Policy for the Commercialization of IP Rights and the University Procedure for Reporting Software.
 

Purpose of Software Release

The first step is to determine the goal behind the release of the software. This helps to identify the most appropriate path for dissemination of the code, be it a source-available release, open source release, or express license release.

  • If the primary goal is to make the software available to fellow researchers and peers at other universities and non-profit organizations for free, non-commercial, research, and educational purposes-only, a "source-available" license is recommended. This license differs from a standard open source license because it restricts commercial usage and is compatible with patent protection. Moreover, the language of the license can be modified if there is a patent or patent application that is implemented by the software in question. Both options (with or without a patent) have been provided below. However, it should be noted that a consultation with the respective Technology Portfolio Manager in Tech Comm is required before releasing any software that has a patent (or a patent application) associated with the technology.
  • If the goal is to build a community of users and/or contributing developers, then an open source license might be recommended. Please note that going the open source license route would mean not pursuing patent rights because open source licensing and patent protection have conflicting intent.
  • For situations where multiple licenses might be required for a wide variety of users/audience, or if there is a need for specific restrictions based on specific usage, there is an express license option on Technology Commercialization’s licensing website. Please reach out to Tech Comm if you think this would be the appropriate path for your technology.

There are a few other crucial dependencies or potential encumbrances that would need to be evaluated before releasing the software.
 

Encumbrance Check

Before releasing software under an open source license, Tech Comm must first verify its eligibility to be released under such a license. The following factors are critical in this determination:

  • External Funding: If the software was developed using federal, state, or industry funding administered through the University of Minnesota, Tech Comm must review the Intellectual Property terms of the funding agreement. Depending on the terms, releasing the software without this review could result in a violation of those contractual terms. If external funding was used or if you are unsure, contact Tech Comm.
  • Patent Applications or Patentable Inventions: Tech Comm’s procedure is not to release software under an open source license if the software implements what is covered by a patent or patent application, as these two paths have opposing intent. The source-available license could be a path for such cases. Contact Tech Comm if you are uncertain or have questions.
  • Commercial Interest: If there is a possibility of commercial interest in the software, or if you are unsure of its commercial interest, please contact Tech Comm.
  • Use of Third-Party Libraries or Code: The inclusion of third-party libraries or code, especially those with restrictive or "Copyleft" open source licenses (such as the GNU GPL license), may impose restrictions on the type of license you can use for releasing your software. For questions regarding this, contact Sandipan Banerjee ([email protected]). If you are already working with a Technology Portfolio Manager at Tech Comm, please reach out to them instead.
     

Types of Releases

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Source-Available License Release (Non-Commercial)

To release software under a source-available license, follow these steps:

  1. Create a Copyright.txt file: This file must include the University of Minnesota copyright statement and the copyright statements of any other open source software or libraries used.
    1. The UMN copyright statement is: "© 20xx Regents of the University of Minnesota. All rights reserved."
    2. Replace "xx" with the year the code was developed, or use "20xx-20yy" for multi-year projects
    3. If the software was developed in collaboration with external institutions, contact Tech Comm to obtain permission and their copyright message. If developed solely at the University, proceed to the next step.
       
  2. Create a License.txt file: This file should contain the following text:
    Copyright & License Notice 
    <Software Name> is copyrighted by the Regents of the University of Minnesota. It can be freely used for educational and research purposes by non-profit institutions and US government agencies only. Other organizations are allowed to use <Software Name> only for evaluation purposes, and any further uses will require prior approval. The software may not be sold or redistributed without prior approval. One may make copies of the software for their use provided that the copies, are not sold or distributed, are used under the same terms and conditions. As unestablished research software, this code is provided on an "as is'' basis without warranty of any kind, either expressed or implied. The downloading, or executing any part of this software constitutes an implicit agreement to these terms. These terms and conditions are subject to change at any time without prior notice.

    For software that has an existing patent or patent application, please consult with the Technology Portfolio Manager at Tech Comm before including the following text and releasing any software or code:
    Copyright & License Notice
    <Software Name> is copyrighted by Regents of the University of Minnesota and covered by US XX,XXX,XXX. Regents of the University of Minnesota will license the use of <Software Name> solely for educational and research purposes by non-profit institutions and US government agencies only. For other proposed uses, contact [email protected]. The software may not be sold or redistributed without prior approval. One may make copies of the software for their use provided that the copies, are not sold or distributed, are used under the same terms and conditions. As unestablished research software, this code is provided on an "as is'' basis without warranty of any kind, either expressed or implied. The downloading, or executing any part of this software constitutes an implicit agreement to these terms. These terms and conditions are subject to change at any time without prior notice.
    1. Replace "<Software Name>” with the name of the software to be released.
    2. Replace “XX,XXX,XXX” with either the US patent number or the US application serial number.
       
  3. Place files in the repository: Before uploading the code to a repository, place copies of the Copyright.txt and License.txt files in the code architecture.
     

Open Source Release

If there are no encumbrances and if the goal for releasing the software aligns with that of an open source release (see above), then the following process for releasing software code under an open source license should be used.

Open source releases are ideal for projects that need additional improvement or maintenance. An open source release can be a bridge to build a community of users that together enhance the impact and value of the software or copyrighted tool.

You are encouraged to choose a license that best serves the University’s mission and your academic discipline.
 

Open Source License Recommendations for Software

Preferred: GNU General Public License version 3
See TL;DR Legal for a summary of the GPL v3.0 license

Acceptable: MIT License, BSD License, Apache 2.0 License, LGPL v3.0 License
See TL;DR Legal for a summary of the:

License Recommendations for Creative Works

Preferred: Creative Commons-Noncommercial-ShareAlike

Acceptable: Any Creative Commons License
 

Open Source Resources

UMN Resources

External Resources

  • OSS Watch: provides unbiased advice and guidance on the use, development, and licensing of open source software.
  • Creative Commons: helps you legally share your knowledge and creativity.
  • TL;DR Legal: software licenses presented in plain, easy-to-comprehend language.

Express License Release

For situations where multiple licenses might be required for a wide variety of users/audience, or if there is a need for specific restrictions based on specific usage, there is an express license option on Technology Commercialization's licensing website. Please reach out to Tech Comm if you think this would be the appropriate path for your technology.

Frequently Asked Questions