Binaries and the Open Software License

Marcus R. Breese mbreese at
Thu Feb 3 02:07:08 UTC 2005

You'd have to assume that the "Original Work" is an application.
However, the license is vague in that regard.  But you could easily
interpret that clause 1.d 
	{licensee is given the right to} "to perform the Original Work 
	publicly;" would cover being able to actually use the software 

And, if that didn't do it for you, the final clause (15) would certainly
cover the use of an application licensed under the OSL:

	15) Right to Use. You may use the Original Work in all ways not 
	otherwise restricted or conditioned by this License or by law, 
	and Licensor promises not to interfere with or be responsible 
	for such uses by You.

This should suffice to give you the rights to use the application.

As with Eugene, IANAL, etc...


On Thu, 2005-02-03 at 01:22 +0800, Eugene Wee wrote:
> Hi rich,
> I had the impression that "Original Work" could also refer to the 
> executable forms of the program.
> This makes sense in view that there is a definition:
> "Source Code" means the preferred form of the Original Work for making 
> modifications to it and all available documentation describing how to 
> modify the Original Work
> Followed by its use in:
> machine-readable copy of the Source Code of the Original Work along with 
> each copy of the Original Work
> If this is indeed the case, then OSL sections 1 and 2 would permit the 
> end user "to run or copy the application binary".
> Eugene Wee
> ...Disclaimers IANAL, TINLA, etc apply.
> rich apodaca wrote:
> > I can't find any reference in the OSL v2.1 to allowing
> > the licencee to use binaries or bytecode generated
> > from the licenced source code.
> > 
> > Let's say I develop a word processor and release it
> > under the OSL. One package I distribute is intended
> > for end users only and consists of a binary with the
> > licensing agreement and a notification of where the
> > source code is located.
> > 
> > What provision in the OSL gives an end user the right
> > to run or copy the application binary? They clearly
> > have a licence to the source code, but do they have
> > any rights to copy or run the binary representation of
> > that code?
> > 
> > If yes, then where in the licence (or legal precedent)
> > are these rights granted?
> > 
> > thanks in advance,
> > rich
> > 
> > 
> > 
> > 
> > 		
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