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Proprietary of Software and Software License Problems
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Some knowledge of software license and proprietary software is required for those who purchase and use software. In this article, we shall explore software licensing and proprietary software in some detail. At the end, probably you shall have a clearer idea about these topics.

Proprietary Software

In a layman’s words, proprietary software is a classification of computer software in which the manufacturer has set certain restrictions on its usage, distribution, modification, and re-publication. Most often, proprietary software is not free and has a price tag attached to it. This class of software is also known as “closed-source software” and “non-free software”. The restrictions set by proprietary software manufacturers are enforced by restricting access to the source codes, providing hardware and software locking features (to prevent software piracy), and also legally – through copyright and patenting activities.

Proprietary Software Licenses

Proprietary software licensing allows the users to make one or more copies of the software as per requirement, but the ultimate ownership still rests with the manufacturer. That is, virtually all rights to modify and experiment with the source code are reserved by the manufacturers. The significance of proprietary software licensing is that end-users must accept the license in order to use the software as the manufacturer is the ultimate owner. Many activities are restricted on the part of the end-user, such as – unlawful copying and distribution of software leading to piracy, reverse engineering of source code, and publication of software performance benchmarks. Microsoft software license is an example of proprietary software licensing, say for products like Windows, MS Office etc.

Open Source Licenses

Open source licensing is completely opposite to proprietary software licensing. Here, the ownership of the software does not rest with the manufacturer. Instead, the ownership is transferred to the end-user. One subtle thing is to be noted here. The end-user becomes the legal owner of the particular “copy” of the open source software that he/she uses, but not the “copyright”. Copy is not synonymous to copyright and the software manufacturer remains the ultimate owner of the copyright. Open source license, sometimes known as the free source license, allows the end-users certain extra rights that proprietary software owners are deprived of. End-users of open source software enjoy significant privileges, like distribution permissions, revere engineering, and modification of the software to meet his/her usage needs. However, the end-users have to fulfill certain criteria in order to exercise those privileges. Once modified, the software must be redistributed to others along with the full source code. In addition, there should be no restrictions on further reengineering and redistribution.

Another interesting twist to this form of licensing is that its acceptance on the part of the end-user is completely optional. The end-user may use the software without accepting the license. However, if he/she likes to use the additional facilities (say, re-distribution of the source code), the license must be accepted. Linux software licensing, belonging to the GNU General Public License (GPL), is an example of the open source licensing.

Pros and cons of software licensing


Proprietary software aims at generating more revenues for the software manufacturer. This is the main plus points in favour of proprietary licensing. The open source software movement prefers to term proprietary software as “closed source software”. If the original equipment manufacturer (OEM) or the proprietor goes out of business due to insolvency or any other reasons, the end-users are deemed to suffer due to lack of support and solving issues related with the software usage. The proprietor may fail to improve the product due to their inability and lack of fore-sightedness. Here also, the end-users suffer. Proprietors shield their products from other proprietors and as such, no other manufacturer can improve upon the software in sync with changing necessities of the end-users. These in turn force end-users to pay for upgraded versions of the software, or opt for competitors’ products.

Semi-free software

Semi-free software is not fully free. End-users are free to use the software, copy and distribute it.
Even, they can reengineer the software. However, all such usages should strictly be for non-commercial purposes. The Free Software Foundation professed by Richard Stallman classifies semi-free software as non-free software, but different from proprietary software.

Shareware and Abandonware

Shareware is proprietary software available free, but it is free only for the trial period. After the expiry of the trial period, if the license is not purchased, usage of certain features of the software gets restricted. Sometimes, the software refuses to work at all. Some proprietary software that have outlived its product life cycle, are no longer marketed by the manufacturer. If such software is used without permission by a user, it is called abandonware. Abandonware may include source code or the source code may be placed in the public domain for free usage. In the latter case, the software graduates to freeware from abandonware, as it is completely free to use.
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