For our first DPS909 blog post we were asked to analyze one closed and one open source license. I chose to analyze the Apache license and Apple TV EULA. Choosing a license when starting a project is important because it sets a framework for communicating to others what can or cannot be done.

Open Source - Apache License, Version 2.0

I decided to explore the Apache license after learning in class that it has been gaining popularity due its “Grant of Patent” feature.

3 - Grant of Patent License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

What’s interesting is, from my understanding, if a “Contributor” includes code that infringes its own patent claim then the “Contributor” must not sue anyone for infringement otherwise they shall lose the right to use the work for the license in question. It also grants a patent license to use the code that is part of a “Contributor’s” patent claim without having to be charged or be required to pay royalties.

The rest of the license is similar to other open source licenses. Provided that the copyright, notice, license and statement of change are included then the Apache license grants copying, modifying, distributing and sub-licensing. It does not allow permission to use trademark names or product names of the licensor. Lastly, contributors cannot be held liable for any damages.

Closed - Apple TV EULA

What strikes me about this EULA is the fact that the software and everything that comes included in the box is not sold to the user but only licensed to them.

1 - General.

A. The software (including Boot ROM code and other embedded software), documentation, interfaces, content, fonts and any data that came with your Apple TV, whether on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License. Apple and/or Apple’s licensor(s) retain ownership of the Apple Software itself and reserve all rights not expressly granted to you.

Meaning, if you thought you own the Apple TV you bought then think again because technically Apple owns it. The user is merely given permission to use the product according to the agreement by the license.

are collected in a form that does not personally identify you

I like the fact that Apple gives the user the ability to choose to enable or disable sending information upstream. It is also encouraging to know that any information collected will not be personally identifiable.