Legal Overview, License and Trademarks
Openbravo ERP is distributed under the Openbravo Public License, a free software license based on the Mozilla Public License (MPL)
Most ERP's are customized and adapted for end-user implementation. This means that, as at Openbravo we don't directly carry out client installations except locally, most of our direct users will be intermediaries - Independent Software Vendors or Value Added Resellers - who will be using Openbravo for creating enhanced adapted solutions to their client's needs. Use of a strong copyleft license such as the GPL would force these intermediaries to distribute their solutions under the same copyleft license - something they may not wish to do or force them into a new business model which they have not considered yet.
At Openbravo, we want to let both open source and commercial developers to use the Openbravo ERP core. We have therefore chosen the MPL as the basis for our license because it makes the ERP code available for extension, customization and integration with proprietary software and gives intermediate distributors and integrators the freedom to choose their licensing model. On the other hand, it keeps the source code for the core package freely available for us and the open source community to build on, providing access, copying, modification and free distribution rights.
Therefore there are a number of reasons for choosing the MPL as a basis for our license. In addition to balancing the commercial purpose set out above with the reciprocity obligations on the core code, the MPL is recognised and accepted with the Open Source community, and it is suitable for software that includes other open source technologies licensed under various non-copyleft licenses (Apache Software License, LGPL, etc.).
More specific issues regarding licensing may be found in the Licensing FAQs.
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Other Licenses
If a proprietary license is more appropriate for your licensing model, or if you wish to have the code under a different free software license (such as GPL, CDDL or OSL), we are open to discuss this with you on a case-by-case basis. Please do not hesitate to contact us at legal@openbravo.com.
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Attribution
We at Openbravo believe strongly in code attribution. Not only do we believe that original developers and contributors have moral rights to be recognised as authors of the software, but also we believe that developers - both intermediaries and end-users - must have the means to know the history of the software components they are using. Therefore all original attribution notices in the source code must be kept, and developers' modifications must be highlighted by adding new attribution notices (including change logs) for the derivative works they produce.
In addition, we believe it is important to both us and users for these to know where the ERP software they are using comes from, and for this reason we include an obligation to maintain our "Powered by Openbravo" logo on the GUI and on log-in screens, and links to our webpage. While this may place an additional obligation on developers, we do not believe this is an undue burden, nor breaches the guidelines of the Open Source Definition.
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Trademarks
Our trademarks are important to us, to distinguish our product and maintain the quality and reputation of our business. Trademarks must be strictly enforced, in order to preserve their validity and value, and protect users in the market. Accordingly, use of our Trademarks, including the Openbravo name and logo, is subject to our Trademark policy indicating what you can do with them and when you need permission to use them. Please read this document, together with our license, carefully if you are redistributing Openbravo, in binary or source code form. Generally speaking,
- Do not use our trademarks in a way that states or suggests that Openbravo sponsors, endorses, or is otherwise affiliated with your project or product, including text on your webpage or in your product documentation, without our consent (license).
- While referential use of our trademarks (such as in a product review or website link) does not need our consent, however you should follow the policy guidelines as to how to mention "Openbravo".
- Please include text stating the product "includes Openbravo software" on any packaging or other physical means of distributing the Openbravo ERP software.
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Contributions
Contributions to the code base are welcome, including bug fixes, improvements and add-ons. Contributions can be made in two ways. First, under the Openbravo or Apache license, as a modification of the code. This will not necessarily be included in the source tree. On the other hand, if we do want to include a contribution into our source tree, we need to be sure that we can use it under our current free software license, other alternative licenses that may be requested now or in the future, or commercial terms. Accordingly we would request contributors of significant code to be incorporated into the core product to make it available to us under the standard contributor's agreement, giving us freedom to use the code and maintaining your rights to exploit it.
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Licensing FAQs
Below is a list of FAQs relating to our licensing policy of the Openbravo ERP suite.
How are the core components of the Openbravo™ ERP Software licensed in open source?
The Openbravo ERP Software Core Code is licensed under the Openbravo Public License, a variation of the Mozilla Public License (MPL). The Openbravo MVC Framework, part of Openbravo ERP, is licensed under the Apache Software License 2.0.
What is the Openbravo Public License (OBPL)?
The OBPL has been derived from the Mozilla Public License (MPL) by substituting references to the Openbravo Software for that of the Mozilla Foundation. The original Mozilla Public License 1.1 can be found at: http://www.mozilla.org/MPL/MPL-1.1.html. The OBPL also includes an attribution requirement when redistributing derivative works.
What changes have been made to the MPL?
We have added a branding clause, whereby anyone redistributing the code, in original or modified form, must maintain the Openbravo logo and link on start-up or login screens and on the User Interface. For more details, please read Exhibit B of the license. While this may seem an additional obligation on developers, we do not believe it places an undue burden on them, nor breaches the guidelines of the Open Source Definition.
Why did Openbravo choose a variation of the MPL for the Openbravo ERP Software?
There are several reasons. First and foremost, we wanted a form of copyleft or reciprocal license so that derivative works of Openbravo are published under the same open source license. In this way, the Openbravo Community receives the benefit of any extensions and innovations added within the Openbravo ERP Software by third parties. On the other hand, we do not want to discourage Openbravo ERP users from adding their own proprietary value-additions to the Openbravo ERP Software, because of worries that they must publish those additions in open source. MPL does require that derivative works be published in open source, but separable extensions (i.e., those included in new files) are permitted to be distributed under another (open or closed) license.
An annotated version of the MPL, with comments on how it works, is posted on the Mozilla site: http://www.mozilla.org/MPL/MPL-1.1-annotated.html.
When must derivative works of Openbravo be published as open source under the OBPL?
The OBPL permits anyone freely to make copies and derivative works and to distribute them, on condition that anyone who distributes derivative works must publish the source code. This requires a few helping comments, though please read the full text of the OBPL for the applicable license terms.
- A distribution is interpreted generally as providing a copy, by any physical or electronic means, to a third party. Under the OBPL, users within a licensee's company or organization are not generally considered third parties. We consider that if our software or any changes to it are only distributed on an organization's internal network (intranet), source code does not need to be disclosed.
- However, we interpret the OBPL to require source code to be disclosed and the software distributed under the OBPL if Openbravo's client or server software is made available to third parties, such as would be the case with independent software vendors, value-added resellers, hosted service providers and ASPs, appliance manufacturers, or alternative support channels. This is because the Openbravo ERP user interface (UI) is itself software - the Openbravo client it is written in Javascript. Under standard operation, Openbravo client software is automatically distributed to users' browsers when users first connect, and software updates are automatically distributed that way as well. Because the Openbravo client software is distributed to users' web browsers, original source code and any changes to Openbravo ERP (regardless where made) must be published in open source if your Openbravo deployment has "external" or third party users, for example under an ASP model. In addition, you must ensure that any recipients of a derivative work of Openbravo client software are also bound by the terms of the Openbravo Public License.
How can I incorporate Openbravo in a proprietary software offering?
First of all, Openbravo can be integrated in a software solution distributed under a commercial or proprietary license to clients, under the terms of the OBPL or relevant free software licence. However the original core code files and any changes to them ("derivative works") must be redistributed under the OBPL, along with their source code. If you don't want to distribute the source code of these changes, Openbravo offers alternative commercial licensing terms, particularly for independent software vendors, and value-added resellers. Contact us at legal@openbravo.com if you want to enquire about particular licensing issues.
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