Putting Source Code in the Public Domain: A Comprehensive Guide
Composing code and sharing it with the world is a significant step in the open source community. However, many developers overlook the nuances involved in ensuring their code is truly and legally accessible to everyone. In the United States, there are two legal ways to put your code into the public domain: 1) writing the code as a government employee, or 2) waiting for the copyright to expire, including any retroactive copyright term extensions. While these options might seem straightforward, they come with significant risks.
Understanding the Risks
Most developers simply copy and paste code without considering licenses, assuming that because they have not explicitly applied a license, the code will be free for use. This is a dangerous assumption. Even without a license, there are still copyright laws that protect code, and developers, especially from large companies, are often discouraged from using unlicensed or poorly licensed code. This means that if your code lacks a proper license, it reduces the likelihood of being adopted by successful companies, which is counterproductive to your goals.
Benefits of Explicit Licenses
The recommendation from experienced developers and legal experts is to use a standard license. A permissive license, such as the MIT or BSD licenses, is a wise choice. These licenses allow developers to use, modify, and distribute the code without restriction, subject to certain conditions, like attribution. On the other hand, the WTFPL is more of a joke and offers no warranty or protection.
Why Licenses Matter
A key reason to add a license to your code is to clarify your intentions and provide legal protection. It informs users about the terms under which they can use your code and helps mitigate potential legal risks. Furthermore, explicit licenses help establish trust and credibility, making your code more attractive to potential users.
How to Add a License
If you are an independent developer, you can add the license to your code. For corporate developers, it's crucial to work with your legal team or open source director to ensure compliance with internal policies and to publish the code under the appropriate terms. If you use GitHib, adding a license is straightforward. Simply visit the GitHub documentation for detailed instructions.
Conclusion
While it might seem tempting to leave your code in the public domain, the reality is that copyright laws are in place, even if some might not align with everyone's ideals. To maximize the adoption and usability of your code, it's highly recommended to add a permissive license like the MIT or BSD. This not only protects your legal interests but also ensures that your code is accessible and usable by a wide range of developers. In any case, always remember that the best way to encourage the use of your code is to accompany it with a well-crafted license. By doing so, you not only protect yourself but also contribute to the thriving open source ecosystem.