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The Scope of Open Source Licensing

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Author Info
Josh Lerner
Jean Tirole

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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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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 9363.

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Date of creation: Dec 2002
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Handle: RePEc:nbr:nberwo:9363

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O3 - Economic Development, Technological Change, and Growth - - Technological Change
K3 - Law and Economics - - Other Substantive Areas of Law

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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Nancy T. Gallini & Brian D. Wright, 1990. "Technology Transfer under Asymmetric Information," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 147-160, Spring. [Downloadable!] (restricted)
  2. Lerner, Josh & Tirole, Jean, 2002. "Some Simple Economics of Open," Journal of Industrial Economics, Blackwell Publishing, vol. 50(2), pages 197-234, June. [Downloadable!] (restricted)
  3. Katz, Michael L & Shapiro, Carl, 1986. "How to License Intangible Property," The Quarterly Journal of Economics, MIT Press, vol. 101(3), pages 567-89, August. [Downloadable!] (restricted)
  4. Katharine E. Rockett, 1990. "Choosing the Competition and Patent Licensing," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 161-171, Spring. [Downloadable!] (restricted)
  5. Andrea Shepard, 1987. "Licensing to Enhance Demand for New Technologies," RAND Journal of Economics, The RAND Corporation, vol. 18(3), pages 360-368, Autumn. [Downloadable!] (restricted)
  6. Gallini, Nancy T, 1984. "Deterrence by Market Sharing: A Strategic Incentive for Licensing," American Economic Review, American Economic Association, vol. 74(5), pages 931-41, December. [Downloadable!] (restricted)
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  1. Bitzer, Jürgen & Schrettl, Wolfram & Schröder, Philipp J.H., 2006. "Intrinsic Motivation versus Signaling in Open Source Software Development," Working Papers 06-7, University of Aarhus, Aarhus School of Business, Department of Economics. [Downloadable!]
  2. Stephane Verani, 2006. "Open Source Development in a Differentiated Duopoly," Economics Discussion / Working Papers 06-05, The University of Western Australia, Department of Economics. [Downloadable!]
  3. Robert M. Sauer, 2007. "Why Develop Open Source Software? The Role of Non-Pecuniary Benefits, Monetary Rewards and Open Source Licence Type," IZA Discussion Papers 3197, Institute for the Study of Labor (IZA). [Downloadable!]
  4. Josh Lerner & Parag A. Pathak & Jean Tirole, 2006. "The Dynamics of Open-Source Contributors," American Economic Review, American Economic Association, vol. 96(2), pages 114-118, May.
  5. Fabio M. Manenti & Stefano Comino & Marialaura Parisi, 2005. "From Planning to Mature: on the Determinants of Open Source Take-Off," Industrial Organization 0507006, EconWPA, revised 29 Sep 2005. [Downloadable!]
    Other versions:
  6. Paul A. David & Francesco Rullani, 2006. "Micro-dynamics of Free and Open Source Software Development. Lurking, laboring and launching new projects on SourceForge," LEM Papers Series 2006/26, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy. [Downloadable!]
  7. Thorsten Wichmann & Pio Baake, 2003. "Open Source Software, Competition and Potential Entry," Berlecon Research Papers 0005, Berlecon Research. [Downloadable!]
  8. Egon Franck & Carola Jungwirth & Benno Luthiger, 2005. "Motivation und Engagement beim OSS-Programmieren- Eine empirische Analyse," Working Papers 0036, University of Zurich, Institute for Strategy and Business Economics (ISU). [Downloadable!]
  9. Onetti Alberto & Verma Sameer, 2008. "Licensing and Business Models," Economics and Quantitative Methods qf0805, Department of Economics, University of Insubria. [Downloadable!]
  10. Francesco Rullani, 2006. "Dragging developers towards the core. How the Free/Libre/Open Source Software community enhances developers’ contribution," LEM Papers Series 2006/22, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy. [Downloadable!]
  11. Ioana Popovici, 2007. "The Determinants of Open Source Quality: An Empirical Investigation," Working Papers 0704, Florida International University, Department of Economics. [Downloadable!]
  12. Stefano Comino & Fabio M. Manenti, 2007. "Dual licensing in open source software markets," Department of Economics Working Papers 0718, Department of Economics, University of Trento, Italia. [Downloadable!]
  13. Arto Seppä, 2006. "Open Source in Finnish Software Companies," Discussion Papers 1002, The Research Institute of the Finnish Economy. [Downloadable!]
  14. Francesco Rullani, 2006. "Dragging developers towards the core," CESPRI Working Papers 190, CESPRI, Centre for Research on Innovation and Internationalisation, Universita' Bocconi, Milano, Italy, revised Feb 2007. [Downloadable!]
  15. Patrick Legros, 2005. "Art and the Internet: Blessing the Curse?," Levine's Bibliography 666156000000000502, UCLA Department of Economics. [Downloadable!]
    Other versions:
  16. Alexandre Gaudeul, 2004. "The LaTeX project: A case study of open-source software," Industrial Organization 0409009, EconWPA. [Downloadable!]
    Other versions:
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