Certification Mark

Submitted by nelson on Mon, 2007-03-26 15:37. ::

The Open Source Definition spells out the essential
qualities of open source software. Unfortunately, the term "open source"
itself is subject to misuse, and because it's descriptive, it can't be
protected as a trademark (which would have been our first choice). Since
the community needs a reliable way of knowing whether a piece of software
really is open source, OSI is registering a trademark, Open Source Initiative Approved, for this
purpose. If you see this mark on a piece of
software, either the software really is being distributed under a license
that conforms to the Open Source Definition, or the distributor is misusing
the mark and thereby breaking the law.

The Open Source Initative Approved mark applies to software, not to
licenses. What people really want to know is that a package consisting of
software together with its accompanying license is an open source
distribution. Also, licenses alone probably wouldn't qualify as "goods",
which is what the U.S. Patent and Trademark Office registers certification
marks for. However, software authors obviously have to be able to identify
their distributions as Open Source Initiative Approved software,
when appropriate, without asking us ("self-certification"). So
certification comes in two steps:

  • OSI maintains a list of open
    source licenses that conform to the Open Source Definition, have been
    through public scrutiny, and have been approved by us. If you have a
    license that you would like added to this list, please contact license-approval@opensource.org,
    which starts the process described here.
  • If you want to use the Open Source Initative Approved mark on your
    software, you can do this by distributing the software with an approved
    license from the list and marking the software appropriately, as described

    here.

The above was just a summary. Here are the details on getting licenses
approved, and on using the Open Source Initative Approved mark on your
software.

Getting a License Approved

  1. Put the license on a web page in HTML form. We will
    convert it into the same style as the existing approved licenses. You can help us by
    publishing it in that style yourself to save us the conversion step. ASCII text is preferred if asked to post your license to the 'licence-discuss' mailing list.

  2. Tell us which existing OSI-approved license is most similar to
    your license. Explain why that license will not suffice for
    your needs. If your proposed license is derived from a license we have
    already approved, describe exactly what you have changed. This
    document is not part of the license; it is solely to help the
    board understand and review your license.

  3. Explain how software distributed under your license can
    be used in conjunction with software distributed under other
    open source licenses. Which license do you think will take
    precedence for derivative or combined works? Is there any
    software license that is entirely incompatible with your proposed
    license?.

  4. Send your proposed license by email to license-approval@opensource.org.
    Indicate in the email whether you want the license posted to the
    license-discuss list with your identification or anonymously. (We are
    willing to consider licenses that the author doesn't want posted at all, but
    since community review is an important part of the approval process, we will
    have to circulate such licenses privately to individual reviewers: because
    of this, licenses not posted to license-discuss at all may take longer to
    approve, and are likely to require more interaction with you.)
    You are invited to follow discussion of the licenses by subscribing to

    license-discuss-subscribe@opensource.org.
    This mailing-list is archived here.

  5. If we find that the license does not conform to the Open Source
    Definition, we will work with you to resolve the problems.
  6. At the same time, we will monitor the license-discuss list and work
    with you to resolve any problems uncovered in public comment.
  7. As part of this process, we may also seek outside legal advice on
    license issues.
  8. Once we are assured that the license conforms to the
    Open Source Definition and has
    received thorough discussion on license-discuss or by other reviewers, and there are
    no remaining issues that we judge significant, we will notify you that the
    license has been approved, copy it to our website, and add it to the list
    below.

QUICK FAQ: 1) The board meets as needed and on the last Wednesday of every month.
Motions may be entered at any time but resolutions are only passed at
scheduled meetings or when all board members have voted via email. 2) You should
hear back from us within two months. Due to various people's travel schedules
we cannot count on having a quorum every month.

Using the Mark

You may use the Open Source Initiative Approved mark on any software that is
distributed under an OSI-approved license.

To identify your software distribution as Open Source Initative Approved,
you must attach one of the following two notices, unmodified, to the
software, as described below. The full notice is:

This software is Open Source Initiative approved Open Source Software.
Open Source Initative Approved is a trademark of the Open Source Initiative.

The shorter notice is:

Open Source Initative Approved Open Source Software

Each form of distribution of your software has its own requirements:

  • If the software is being distributed in electronic form (not in tangible
    form), you must put the full notice in a README file, or other similar file
    intended to be the first file that a human user would read.
  • If the software is being distributed in tangible form, you must do all of
    the following that are applicable:
    • If the software is distributed with any accompanying printed matter, you
      must place the full notice in the printed matter.
    • If the software is distributed on removable information media such as
      diskettes, CD-ROM, cartridge tape, etc., on which it is physically possible
      to place at least the shorter notice in a manner that can be read by the
      unaided human eye without impairing the functioning of the media, you must
      place either the full or the shorter notice on the media.
    • If the tangible object containing the software is distributed in a package
      that prevents the notice (if any) on the object from being read, you must
      place the full notice on the outside of the package.

If none of the above apply to your distribution, contact us, and we'll add
guidelines for your situation to this list.

You can also browse a list of OSI-approved licenses.