References to the OSI by Nation

• Australia
  • Government
    • Australian Commonwealth
    • Australian Capital Territory
    • New South Wales
    • Queensland
    • South Australia
  • Business
    • Atlassian
• Canada
  • Government
    • Federal Government
• Netherlands
  • Education
    • Academic Journals
• People’s Republic of China
  • Government
    • Hong Kong
• Republic of China (Taiwan)
  • Government
• Sweden
  • Education
• United Kingdom
  • Education
  • Government
• United States of America
  • Education
  • Foundations
  • Government
    • Federal Government
    • California
    • Florida
    • Hawaii
    • Massachusetts
    • Michigan
    • Nevada
    • New York
    • Oregon
    • Texas
    • Virginia
    • Washington
  • U.S. Press

Atlassian

Open Source Project License Request
Atlassian Pty Ltd,
2018

Atlassian supports and believes in the Open Source movement…Atlassian software is free for any Open Source project to use. Your open source project must meet the following criteria to be approved: The project is licensed under a license approved by the Open Source Initiative.

Atlassian Blog, Status page open source vs. paid guide
By Blake Thorne, Atlassian Pty Ltd,
June 28, 2018

For more on supporting open source projects, check out the Open Source Initiative.

Unmanned Ground Vehicle Software Development Environment
Defense Research & Development Canada
Published: 2004
Accessed: August, 2018

The Open Source Model: The open source model has numerous advantages over the consumer and industrial models, but before expanding on these advantages it is first necessary to define the open source model. Open Source Definition: The Open Source Initiative (OSI) is a non-profit corporation dedicated to managing and promoting open source software. They define open source as having the following attributes: 1. Free redistribution, 2. Source code, 3. Derived works, 4. Integrity of the author’s source code, 5. No discrimination against persons or groups, 6. No discrimination against fields of endeavor, 7. Distribution of license, 8. The license must not be specific to a product, 9. The license must not restrict other software, and 10. The license must be technology neutral. A detailed explanation of the significance of each of the attributes can be found on the Open Source Initiative website.

Free and Open Source Software Licensing Primer
Natural Resources Canada
Published: 2012
Accessed: August, 2018

The Free Software Foundation (FSF) and the Open Source Initiative (OSI) publish the two most widely accepted definitions of free and open source software. The OSI’s ‘Open Source Definition‘ describes ten criteria for open source software. Where an open source license meets these criteria, it becomes ‘OSI Approved’.

Restrictive (non-FOSS) licenses can also create incompatibilities… because the non-commercial requirement complies with neither the Free Software Foundation’s definition of Free Software, nor the Open Source Initiative’s definition of Open Source Software.

Free and Open Source Software Licensing Primer
Natural Resources Canada
Published: 2012
Accessed: August, 2018

Appendix 1, Glossary: ‘Open Source Software’ (OSS) – Software released under a license that grants everyone broad rights to freely run the software, modify it, and redistribute it. Under the definition set out by the Open Source Initiative (OSI), a license must meet ten criteria relating to these rights in order to meet the definition of open source; however, the term is often used more broadly and is commonly used interchangeably with the term free software.

Accessibility Procurement Pilot: Call for Proposals (CFP)
Public Works and Government Services Canada
Published: 2018
Accessed: August, 2018

Public Works and Government Services Canada offers the following information: Proprietary solutions will not be accepted… As per article 4.6 of the Call for Proposals, “Solutions developed (not pre-existing) for either challenge must be licensed under the MIT License. Where Bidders are leveraging existing open source projects, adopting the parent license of the open source software project is acceptable, where the license is approved by the Open Source Initiative. A list of approved licenses is available at the Open Source Initiative’s web page.”

The Netherlands

Education

People’s Republic of China

Government

Republic of China (Taiwan)

Government

A computer program works Case (4) open source
Department of Education, Ministry of Information and Technology Education, R.O.C.
Accessed May, 2015

目前自由軟體授權利用條款的模式太多，光是「自由軟體組織（ Open Source Initiative ，簡稱 OSI ）」所認可的授權方式， 就有五十四種之多，自由軟體的創作人有難以選擇的困難。雖然國外已經有 Source Forge 、 Tigris 等具有相當規模的網站，提供自由軟體創作人， 將其自由軟體開發專案進駐該網站，與其他的創作人進行交流或協同開發。不過，對於複雜的授權利用問題，尚未有網站提供自由軟體的創作人相關的建議與協助。
Expert advice: Currently the use of free software licensing terms of mode too much, just “free soft tissue (Open Source Initiative, referred to as OSI)” recognized approach to licensing, there fifty-four kinds of as much as creators of free software have difficult choice difficult.*

Copyright Made Easy
Intellectual Property Office, Ministry of Economic Affairs, R.O.C.
December, 2007

因此，使用「Open Source Software」這個用語時，即需要界定什麼樣的軟體，屬於開放原始碼軟體，從而開放原始碼促進組織 （Open Source Initiative）參考自由軟體的精神，提出10點定義，只要符合該組織的定義，即可向該組織申請將授權契約認定為開放原始碼的授權契約。
Therefore , the use of ” Open Source Software ” of the term , namely the need to define what kind of software , is an open source software , thus promoting the spirit of open-source organization (Open Source Initiative) reference free software , made ​​10 points definition, provided that they meet the definition of the organization , you can apply for authorization to the organization authorized to contract for the contract identified open source .*

Digital Copyright Under the Open Economic policy, Innovation and Invention
Intellectual Property Office, Ministry of Economic Affairs, R.O.C.
July 2013

比較 Open Source Initiative – The Open Source Definition, http://opensource.org/osd；在功能性軟體的情形，其提供包括再散布之許可、原始碼之取得、為衍生著作之許可在內之概括性授權，惟該衍生著作需提供與原著作相同之授權條件。(Pg. 113)
Comparison of Open Source Initiative – The Open Source Definition, http://opensource.org/osd; in the case of software functionality , which provide, including permit free redistribution of , get the source code it as a derivative work of the license , including the general authorized , but the derivative work must provide the original work of the same licensing terms .* (Pg. 113)

Free Software international intellectual property rights
Intellectual Property Office, Ministry of Economic Affairs, R.O.C.
March 2005

1998 年 2 月 3 日美國 Palo Alto 舉行一場自由軟體研討會,會議中 討論決定了所謂「開放原始碼(Open Source)軟體」之詞,強調軟體程 式原始碼之開放係屬整個運動核心關鍵所在,會後並由部份人士完成開 放原始碼軟體識別標幟,且成立開放原始碼促進組織 ¹⁰ ,對於何謂開放 原始碼軟體作出明確規範定義¹¹
10. Open Source Initiative,請詳見 http://www.opensource.org/index.php(visited on Feb 23,2005)。
11. 請詳見 http://www.opensource.org/docs/definition.php(visited on Feb 23,2005)。(Pg. 6)
February 3, 1998 United States Palo Alto hold a free software seminar , meeting to discuss the decision of the word so-called “open source (Open Source) Software” , the process emphasizes software Open- source system belongs to the whole movement of the core key , after the completion of open source software by the majority of people recognize the flag , and promote the establishment of an open -source organization¹⁰, for what open Source software to make a clear specification defines¹¹
10. Open Source Initiative, please see http://www.opensource.org/index.php(visited on Feb 23,2005).
11. Please refer http://www.opensource.org/docs/definition.php(visited on Feb 23,2005).* (Pg. 6)

Interview Software Freedom Association, Dr. Lin Chengqian
Intellectual Property Rights Monthly, Intellectual Property Office, Ministry of Economic Affairs, R.O.C.
Accessed, May 2015

不同的授 權條款間( 編按 3)所 給予使用者 的自由其實 有不同 程 度 的差別,商業公司運用自由軟體後也逐漸發展出對自己公司有利的 授權條款, Open Source Initiative 所蒐集認證的授權條款已經多達四 十幾種,社群面對這麼多的授權條款如何選擇?是否已經發展出別 具特色的授權條款? (Pg. 12)
Between different license terms ( Editor’s note 3 ) In fact, given the freedom of users with varying degrees of difference , after the commercial companies use free software also gradually develop their own benefit of the company Licensing terms , Open Source Initiative The license terms have been certified to collect as much as 40 several, communities faced with so many licensing terms How to choose? Do not have developed Distinctive license terms?* (Pg. 12)

Project to promote free software for industrial application
Industrial Development Bureau, Ministry of Economic Affairs, R.O.C.
2013

參賽者(或團隊)之參賽作品皆需宣告為開放原始碼促 進會 (Open Source Initiative)所訂定的授權模式,詳細 可參考 http://www.opensource.org/。 (Pg. 154)
Participants (or team) who must declare the entries for the Open Source Association ( Open Source Initiative ) laid licensing model, detailed Refer http://www.opensource.org/.* (Pg. 154)

Research organization: DGBAS electronic processing of data center
Accounting and Statistics, Directorate-General of Budget, R.O.C. (Taiwan)
January, 2004

開放原始碼軟體常被稱為自由軟體，就開放原始碼軟體而言，基本上 必須符合 Open Source Initiative (OSI)所列的十項條件，包括 (Pg. 16)
Open source software is often called free software, open source software on terms substantially You must meet ten conditions Open Source Initiative (OSI)…* (Pg. 16)

Spatial Data Infrastructure
Data Warehouse and Standards Group, Ministry of the Interior, R.O.C.
March 2009

潮汐基金會希望的自行申請者或被提名者是已有作品的軟體開發者，而且其作品必須是開放原始碼（依 “開放源碼計畫＂組織 (Open Source Initiative) 之定義）、在市場已廣泛流通。 (Pg. 13)
Tides Foundation hopes of self- applicant or nominee is a software developer existing work , and their work must be open source ( according to The definition of ” Open Source Project ” organization (Open Source Initiative) of ) , has been widely circulated in the market.* (Pg. 13)

Studies of copyright issues of free software
Free Software Movement and Copyright Law, Intellectual Property Office, Ministry of Economic Affairs, R.O.C.
January, 1996

由開放」的觀念,更可能因「免費」即等於「品質不佳」的連結,不利 於自由軟體的推廣,故另有開放原始碼倡議組織  (Open Source Initiative, OSI) 的成立,對於符合該組織開放原始碼定義的授權契約予以認證,對 於開放原始碼軟體對企業及個人使用者的推廣,有相當程度的幫助。因 此,一般在提及「自由軟體」的用語時,目前皆泛指這類在軟體產業逐 漸走向封閉原始碼的趨勢中,促使軟體原始碼開放的運動,可稱為自由 /開放原始碼軟體(F/OSS, or FOSS)運動,但各別組織仍然因其理念的 不同,而對於自由軟體或開放原始碼軟體有不同定義 (Pg. 64)
The open ” concept , is more likely due to ” free ” is equal to ” the poor quality link ” , and the negative In the promotion of free software , so another Open Source Initiative (Open Source Initiative, OSI) was established, to authorize the contract in line with the organization’s open source definition to be certified for In open source software for enterprise and individual users to promote a considerable degree of help . Because This , in general terms when referring to ” free software ” , now refers all such by the software industry Gradually move towards closed -source trend , prompting the open source software movement , can be called free / Open source software (F / OSS, or FOSS) movement , but because the concept of individual organizations still Different , and for free software or open source software have different definitions.* (Pg. 64)

Sweden

Open Source Software Policy
University Libraries, University of Northern Texas
January 12, 2017
Accessed June. 10, 2020

Open Source Software is “software that can be freely used, changed, and shared (in modified or unmodified form) by anyone” (http://opensource.org/) and is distributed under a license approved by the Open Source Initiative, e.g. one of the licenses found here.

The UNT Libraries encourages librarians and staff members to contribute to projects for the Open Source Software that they use. Suitable projects should have a clearly documented license approved by the Open Source Initiative.

Software created in-house may be released under an Open Source License approved by the Open Source Initiative when possible.

Foundations

Government

Open-Source Hardware Is a Low-Cost Alternative for Scientific Instrumentation and Research
Agricultural Research Service, United States Department of Agriculture
Pacific Northwest Research Station, United States Forest Service
Jan. 29, 2012
Accessed Sept. 16, 2018

The rapid rise of the internet and accessibility of computer resources led to the concept of Open Source Software as a means to provide free and transparent access to computer code so that individuals could review, modify, improve, and distribute computer software (Open Source Initiative, http://www.opensource.org).

Open Source Initiative OSI – NASA Open Source Agreement v1.3:Licensing
National Aeronautics and Space Administration (NASA)
Accessed Sept. 16, 2018

THIS OPEN SOURCE AGREEMENT (“AGREEMENT”) DEFINES THE RIGHTS OF USE, REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN COMPUTER SOFTWARE ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT AS REPRESENTED BY THE GOVERNMENT AGENCY LISTED BELOW (“GOVERNMENT AGENCY”). THE UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY OF ALL SUBSEQUENT DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE. ANYONE WHO USES, REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION, ACCEPTING IN FULL THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN THIS AGREEMENT.

Open Source Software and Copyright: Legal and Business Considerations for Government Use Summaries
Government Open Source Software Distribution
Committee on Scientific and Technical Information (COSATI) of the Federal Council on Science and Technology
Hope O’Keeffe, Associate General Counsel, Library of Congress
Accessed Sept. 16, 2018

Custom licenses are strongly disfavored and should be used only in extraordinary circumstances. An Agency ought to adopt a license approved by the Open Source Initiative (OSI) at opensource.org. 

Open Source Software and Copyright: Legal and Business Considerations for Government Use Summaries
Using OSS Software for Government Purposes Forge.mil
Committee on Scientific and Technical Information (COSATI) of the Federal Council on Science and Technology
Tom Morton
Chief Engineer – Forge.mil, Defense Information Systems Agency

Software Distribution policy directs use of Open Source Initiative approved licenses whenever possible.

Open Source Strategy: What is open source?
U.S. Department of Energy
Accessed Sept. 16, 2018

“Open source” means that the software code is publicly available so that anyone can contribute to the code base and create add-on extensions. More information about open source principles can be found at the Open Source Initiative.

Project Open Data: Licensing Policies, Principles, and Resources
CIO Council
Accessed Sept. 16, 2018

The policy also requires that the grantees release all software code created with the funds under a license that allows others to use and build upon them and that all grantees must release all new source code developed or created with the grant funds under an open license acceptable to either the Free Software Foundation and/or the Open Source Initiative.

Report to Congressional Requesters: TSA MODERNIZATION, Use of Sound Program Management and Oversight Practices Is Needed to Avoid Repeating Past Problems
United States Government Accountability Office
October 2017
Accessed Sept. 16, 2018

TSA officials decided to move away from implementing a commercial-offthe-shelf product for the program and instead planned to develop an open source system.⁴
4. Open source software is software that can be accessed, used, modified, and shared by anyone. This type of software is often distributed under licenses that comply with the definition of “open source” provided by the Open Source Initiative (https://opensource.org/osd) and/or that meet the definition of “free software” provided by the Free Software Foundation (https://www.gnu.org/philosophy/free-sw.html).

Risk Management of Free and Open Source Software
Federal Deposit Insurance Corporation
Oct. 21, 2004

FOSS acquisition and use can be governed by any of more than fifty different licenses that have significant differences in the rights and restrictions contained in the license.In general, FOSS licenses permit copying, distribution, and modification of the software, but do not contain any warranty or indemnification.A list of some of the most common FOSS licenses can be found at the Open Source Initiative’s Web site (www.opensource.org ).

The use of the word “free” in this context does not necessarily mean that the software is available at no cost.For additional information about FOSS, refer to www.fsf.org and [the Open Source Initiative‘s website] www.opensource.org.

Standards-Based Interoperability: Standards View: Open Standards vs Open Source
Geospatial Interoperability Reference Architecture
Accessed Sept. 16, 2018

The Open Source Initiative[2] has developed a set of 10 requirements of any software license that is to be considered an Open Source license.

Open source does not just mean access to the source code. The distribution terms of open-source software must comply with the following criteria from the Open Source Definition (http://opensource.org/osd ): [a complete copy of the Open Source Definition from the OSI is included]

Startup in a Day Competition – Dream Big Model
U.S. Small Business Association
Jul. 13, 2015
Accessed Sept. 16, 2018

An “open source” solution is software that can be freely used, changed, and shared (in modified or unmodified form) by anyone[1] and complies with generally accepted criteria for distribution outlined by the Open Source Initiative (for this criteria, see http://opensource.org/docs/osd#fields-of-endeavor).
[1] Open Source Initiative, Welcome to The Open Source Initiative, Palo Alto, CA: Open Source Initiative. Accessed June 2, 2015, http://opensource.org/.

The Power of Digital Inclusion: Technology’s Impact on Employment and Opportunities for People with Disabilities.
Jonathan Young, Ph.D., J.D., Chairman, National Council on Disability
Oct. 4, 2011
Accessed Sept. 16, 2018

For example, the Open Source Initiative—the open-source community-recognized body that advocates and governs open-source development activity—has estimated the number of Linux users to be anywhere between 4 million and 27 million (Open Source Initiative, 2007).

Since the software is, by definition, open to modify, use, or sell, the cost at which a company or individual acquires an open-source program will typically be minimal, or even free (Open Source Initiative, 2007).

Transmittal Memo: NARA 809, Open Source Code Policy
National Archives and Records Administration
Nov. 7, 2016
Accessed Sept. 16, 2018

809.1 Policy. NARA, §D. Appends appropriate Open Source Software (OSS) licenses that comply with the definition of “Open Source” provided by the Open Source Initiative …to the source code when releasing custom-developed code as OSS;

Use of Federal Tax Information (FTI) in Open Source Software
Internal Revenue Service
Jul. 23, 2018
Accessed Sept. 16, 2018

Resources
Additional information can be found in the following documents:
Open Source Initiative [http://opensource.org/sponsors] – OSI Corporate Sponsors and Support

WebWatch: Open Source Software Primer for Medical Librarians
Greg Bodin, Technology Coordinator, Southeastern/Atlantic Region of the National Network of Libraries of Medicine
September/October 2001
Accessed Sept. 16, 2018

Open source software is defined as software certified by the Open Source Initiative (http://www.opensource.org/) to have open source code.

The Open Source Initiative Web page has links to many open source software applications, and a query of any major search engine will find more.

Zapping Rachel, Rules
Federal Trade Commision
August 7, 2014
Accessed Sept. 16, 2018

Contestants agree that such Submissions shall be made and remain available to all for use on an open source basis, as defined by the Open Source Initiative, see opensource.org.

California

AB-668 Voting Modernization Bond Act of 2018.
California State Legislature
September 2, 2017
Accessed Sept. 16, 2018

“(k) ‘Open source software or firmware’ means software or firmware licensed using a software license approved by the Open Source Initiative.”

Better, Faster, Cheaper: Using Free Open Source Software in a Community Warning System
Contra Costa County’s Community Warning System (CWS), via The Federal Emergency Management Agency (FEMA)
Accessed Sept. 16, 2018

“Open source is a development method for software that harnesses the power of distributed peer review and transparency of process. The promise of open source is better quality, higher reliability, more flexibility, lower cost, and an end to predatory vendor lock-in.” (The Open Source Initiative)

IT Policy: OPEN SOURCE SOFTWARE POLICY (ITPL 10-01 )
Office of the State CIO
January 7, 2010

DEFINITION: The definition of OSS has been added to Section 4819.2 of the SAM. OSS is defined as Software that includes distribution terms that comply with the following criteria provided by the Open Source Initiative: [a complete copy of the Open Source Definition from the OSI is included]

SAM 5300 Definitions
California Department of Technology
Accessed January 15, 2018

“Open Source Software: Software that includes distribution terms that comply with the following criteria provided by the Open Source Initiative.”

SAM – REVISION SUMMARY 435
California Department of Technology
September, 2016
Accessed Sept. 16, 2018

DEFINITIONS – Open Source Software: Software that includes distribution terms that comply withthe following criteria provided by the Open Source Initiative: (The open source definition used here is from the Open Source Initiative and is licensed under a Creative Commons Attribution 2.5 License(http://creativecommons.org/licenses/by/2.5/)

State Administrative Manual (SAM) Section 4819.2
California Department of General Services, INFORMATION TECHNOLOGY (California Department of Technology)
September, 2016

DEFINITIONS: Open Source Software: Software that includes distribution terms that comply with the following criteria provided by the Open Source Initiative: [a complete copy of the Open Source Definition from the OSI is included]

Florida

Open Source Geospatial Foundation Created to Strengthen Collaborative Development of Open Geospatial Technologies
Gary L. Watry, GIS Coordinator
Center for Ocean-Atmospheric Prediction Studies, Florida State University
Mar. 06, 2006

The foundation will not require that OSGEO software projects to be licensed under any one particular open source license, but will require that all OSGEO software be released under an open source license approved by the Open Source Initiative (OSI) <http://www.opensource.org> .

Hawaii

Status Report, Open Source Software in State Government Operations
Information and Communications Services Division, Department of Accounting and General Services, State of Hawaii
January 2005

Even Microsoft, a company considered at odds with the Open Source movement, has released three projects using the Common Public License (CPL) developed by IBM and approved by the Open Source Initiative (OSI).

DEFINING KEY TERMS – Open Source: The most basic description of Open Source software is human readable computer instruction code that can be freely distributed by one person or institution to another person of institution. This, however, would be an incomplete description of Open Source software. The full industry-wide accepted Open Source definition from the Open Source Initiative (OSI) is found in Appendix II.

At the time of this writing (September 2004), there are 54 Open Source licenses certified by the OSI. Although these licenses do have variation between them in specific areas, all of the licenses adhere to the 10 criteria described by the OSI Open Source Definition. A summary of these criteria specified by the OSI are provided below using excerpts from or paraphrasing of the OSI definitions:

WHEREAS, with the growth of the Internet, there has been a rapid expansion in the sharing of information technology to the point where the philosophy of open source software is being promoted by the nonprofit, Open Source Initiative; and
WHEREAS, the Open Source Initiative has been embraced by those in the industry who want to provide a means for rapid development of better software and community access to these constantly evolving, mainstream software products; and
WHEREAS, the Open Source Initiative has developed and adopted criteria to certify open source software products, protect the credibility of the open source philosophy, as well as ensure that no harm is brought to end users of open source software products; now, therefore,

Appendix II: The Open Source Definition http://opensource.org/docs/definition.php
The Open Source Definition
Version 1.9
The indented, italicized sections below appear as annotations to the Open Source Definition (OSD)
and are not a part of the OSD… [a complete copy of the Open Source Definition from the OSI is included]

Origins: Bruce Perens wrote the first draft of this document as “The Debian Free Software Guidelines”, and refined it using the comments of the Debian developers in a month-long e-mail conference in June, 1997. He removed the Debian-specific references from the document to create the “Open Source Definition.”

Massachusetts

Master software development and integration Agreement By and Between Commonwealth of Massachusetts Department of Revenue and Deloitte Consulting LLP
Department of Revenue. Commonwealth of Massachusetts
Nov. 3, 2010
Accessed Sept. 17, 2018

Definitions. The following terms shall have the respective meanings assigned herein: Open Source Software means all Software licensed to Contractor by third parties under licenses substantially similar to those approved by the Open Source Initiative and listed at http://www.opensource.org/licenses/, including, without limitation, the GNU General Public License, the GNU Lesser Public License, the Artistic License, the Berkeley Science Division (BSD) License and the Apache License.

Michigan

NOTICE OF CONTRACT NO. 071B7700208 between THE STATE OF MICHIGAN and Kelmar Associates, LLC,
Department of Technology, Management, and Budget
Sept. 14, 2017

“Open-Source Components” means any software component that is subject to any open-source copyright license agreement, including any GNU General Public License or GNU Library or Lesser Public License, or other obligation, restriction or license agreement that substantially conforms to the Open Source Definition as prescribed by the Open Source Initiative or otherwise may require disclosure or licensing to any third party of any source code with which such software component is used or compiled.

Nevada

About this Website
Department of Corrections
Accessed Sept. 16, 2018

The Department of Corrections utilizes Open Source Software in its operations, in order to provide the best value to the people of Nevada. For more information, see the Open Source Initiative [http://opensource.org/] and the Free Software Foundation websites.

New York

Approved Resolution Concerning Fees for Testing of Open Source Software
New York State Board of Elections
October 16, 2007
Accessed Sept. 16, 2018

The State Board of Elections may elect to waive the fee for examination of voting systems set forth in Section 6209.4(G) if…The vendor submits an application for examination fee waiver including a sworn affidavit stating that the voting system software and documentation are offered under an open source license…(a) The open source license shall meet with the Open Source Definition as set forth by the Open Source Initiative which requires: [a complete copy of the Open Source Definition from the OSI is included]

A Strategy for Openness
New York State CIO, Office for Technology
May, 2008

Open Source Defined. Open source software (OSS) is software which unlike traditional proprietary software allows anyone to use, read, redistribute and modify the source code without a royalty or other fees. The Open Source Initiative defines ten features which distinguish OSS from other licensing models: [a complete copy of the Open Source Definition from the OSI is included]

New York State Senate Bill S173A-2013
New York State Assembly
January 9, 2013

FOR THE PURPOSES OF THIS SUBSECTION, A PROGRAM SHALL QUALIFY FOR THE CREDIT PROVIDED BY THIS SUBSECTION IF THE CODE FOR SUCH PROGRAM HAS BEEN RELEASED UNDER AN OPEN SOURCE LICENSE RECOGNIZED BY THE OPEN SOURCE INITIATIVE, OR HAS BEEN RELEASED UNDER A FREE SOFTWARE LICENSE RECOGNIZED BY THE FREE SOFTWARE FOUNDATION. (Section 1.2)

Oregon

Acquisition and Use of Open-Source Software in Oregon State Government
Open-Source Community of Practice, State of Oregon
Jan. 30, 2008
Accessed Sept. 16, 2018

The Open Source Initiative (“OSI”) is a principal certifying body for OSS Software Licenses. OSI has certified between 50 and 60 different OSS license types. OSS users must become familiar with these assorted licenses.

Appendix E: List of OSS Licenses Certified by the Open Source Initiative: [a complete copy of the Open Source Definition from the OSI is included]

Information Resources Management Plan, 2013 – 2015 Biennium
Land Conservation and Development Commission
July 1, 2012
Accessed Sept. 16, 2018

Appendix E–Glossary. Open Source Software: The official Open Source Initiative definition is too lengthy to include here. Find it at http://opensource.org/docs/osd. E

State Data Center Strategic Plan and Annual Report
Oregon State Data Center
July 2010
Accessed Sept. 16, 2018

Glossary of Terms. Open Source: (2) A certification standard issued by the Open Source Initiative (OSI) that indicates that the source code of a computer program is made available free of charge to the general public.

STATE OF OREGON INTERGOVERNMENTAL AGREEMENT BEHAVIOR REHABILITATION SERVICES
Josephine County Board of Commissioners
February 7, 2018

3. 1. INTELLECTUAL PROPERTY ANI) OPEN SOURCE (County) Definitions. b.” Open Source Elements” means any Work Product subject to any open source initiative certified license, including Work Product based upon any Open Source Initiative certified licensed work.

Texas

Trends, Best Practices, Issues and Innovations in Library Service: Whats Ahead for San Antonio Public Library?
San Antonio Public Library (SAPL)
2011
Accessed Sept. 16, 2018

The software can be used as is, modified, improved, and/or shared with others with varying degrees of freedom depending on the terms of the open source license.
See also:
Open Source Initiative, The Open Source Definition (Annotated): Version 1.9, http://www.opensource.org/osd.html (2010).
Open Source Software Institute, http://www.oss-institute.org (2010).

Virginia

Enterprise Architecture Technical Brief
Virgina Information Technology Agency
February, 2018
Accessed Sept. 16, 2018

Open Source Initiative Organization Logo

Information Technology Resource Management (ITRM), Enterprise Architecture Policy
Virginia Information Technologies Agency (VITA)
Feb. 21, 2018
Accessed Seept. 16, 2018

“Open source software”¹ refers to computer software and the availability of its source code as open source under an open source license to study, change, and improve its design.
1. The Open Source Definition, Open Source Initiative: http://opensource.org/docs/osd

Open source doesn’t just mean access to the source code. The distribution terms of open source software must comply with the following criteria: (as recommended by the Open Source Initiative (OSI) http://opensource.org/docs/definition.php)

Washington

BRIDGE SOFTWARE NEWS: THE OFFICIAL NEWSLETTER OF THE ALTERNATE ROUTE PROJECT
Washington State Department of Transportation
Oct. 1, 1999
Accessed Seept. 16, 2018

The Open Source Initiative (www.opensource.org) and the Free Software Foundation (www.fsf.org) publish lengthy definitions of open source software.

IT SERVICES CONTRACT: Eligibility Services and ACES Remediation, Mainframe Rehosting
Washington State Department of Social and Health Services
Accessed Seept. 16, 2018

“Open-Source Software” is defined as software that (a) requires a licensor to cause source code to be distributed with the software or made available to any third party when the software is distributed or otherwise provided in any fashion to a third party, or (b) is subject to any version of the General Public License or the Lesser General Public License, or any license that has been certified as an “open source” or “free software” license by the Open Source Initiative.

Open Source Software
Washington State Department of Transportation
2000
Accessed Seept. 16, 2018

For more detailed information, visit the Free Software Foundation (www.fsf.org) and the Open Source Initiative (www.opensource.org). They publish excellent information on the topic and you are encouraged to spend some time reading their web sites.

How does the development of Open Source Software really work? There are no enforceable rules to control open source developers. In fact, the Open Source Definition [http://www.opensource.org/osd.html] itself does not impose any rules of conduct nor does it demand any kind of cooperation. Under the guidelines of the Open Source Definition an Open Source license must protect the unconditional right of anyone to modify (and redistribute modified versions of) open-source software.

Policy No: 183.30.30-Solution Integration Design Standards, Information Services Board, ISB Standards Version 5
Office of the Chief Information Officer, Washington State
November 9, 2006
Accessed Seept. 16, 2018

Implemented by at least two separate commercial vendors, or implemented in a solution that is available to the public under an open source license, or both (an “open source license” is a license approved by the Open Source Initiative (http://www.opensource.org/licenses/ )).

Press

Exploding heads in the open source community
John Carroll, A Developer’s View, ZDNet
Aug. 2, 2007

Late last week, Tim O’Reilly announced at his company’s open source convention that Microsoft would submit its shared source licenses to the Open Source Initiative (OSI) to be certified as true open source licenses.

The Commons Clause vs. Open Source controversy, explained
Jane Elizabeth, JAXenter
Sep. 18, 2018

The main definition for open source comes from the Open Source Initiative (OSI). A venerable institution, this non-profit has been regulating what open source is for over 20 years. In addition to making the original source code open access, the program has to follow a laundry list of criteria, including:

    Free redistribution with no royalties
    Source code has to be easily distributed
    Modifications and derivations are allowed
    The author’s source code can remain intact if specified
    No discrimination against any person or group
    No discrimination against specific fields or endeavors
    Distribution of license applies to anyone who uses the program
    The license is not program-specific
    The license cannot restrict other programs
    The license must be technology neutral

Tragedy of the Commons Clause
Redmonk
Sep. 10, 2018

This potential threat was and is why the OSI and other open source communities fought the so-called vanity licensing practice by heavily restricting the list of approved licenses.

It is also why the OSI guards the term Open Source zealously. Today, enterprises can assume that any open source license – whether it’s permissive, reciprocal or somewhere in between – adheres to these ten principles [https://opensource.org/osd].

Unless and until the Commons Clause becomes its own hybrid license class and actively and aggressively differentiates itself from OSI-approved open source, it will remain a threat to open source and its adoption.

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