License for a Game Engine?

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5 comments, last by diligentcircle 5 years, 5 months ago

Hello everyone!

 

I have been developing a Game Engine with Editor for a few months now, and need a good license for it. I have been thinking and doing research for a while, and found 2 options which I think are best:

  • One option is the MIT license, it's as open as it gets, gives users a lot of freedom, but doesn't give me a lot of freedom. E.g. What if someone takes my Engine and Editor, improves it, then sells it without releasing the source or under another license? That all that work might be for nothing, because someone else now has the same product with more features. But an upside of the MIT license is that it allows users to tweak it as they see fit, and it draws more users to my Engine and Editor.
  • Another option is the Mozilla license, from what I've read it's similiar to LGPL/GPL, but doesn't require you to have a separate Engine(exe) and Game(so/dll) binary. The Mozilla requires someone else to contribute back to my project hen they modify something(I believe), which means they can't just run of with my Engine and Editor and sell it, because the exact source is already available for free. The downside to this though is that it might be too restrictive for people and drive people away(also because it's less known).

So the trouble I'm having is, I don't know which one to choose. I'm not a lawyer and I don't know much about it. I also don't have the money to hire one. So I here have a list of questions I hope you guys can answer:

  1. Does the Mozilla license require every change made to the Engine/Editor by someone to be contributed back to the Engine/Editor? So let's say the Editor has a blue theme, and someone doesn't like it. He then forks or clones it and changes the colors to a grey theme. Is he now required to submit those changes back? Or is he just required to publish them in his own repository?
  2. Does the Mozilla license require someone to contribute back at all? I mean, does it mean they have to contribute directly to my project, or does it just mean they have to publish their changes in a repository?
  3. Can someone clone my source code and change the license? And can I do that with my own source?
  4. Can the Editor and Engine be Mozilla/MIT licensed, and the Game be licensed differently?
  5. Can someone just take my source with the Mozilla license and change the name, improve it, and keep it in a separate repository?(Not contributing back to me)
  6. Will the Mozilla license drive people away?
  7. Is the Mozilla license well known? What are some Game Engines with it?
  8. Am I required to publish the source with either the MIT or Mozilla license?
  9. Would you personally use a game engine and editor that uses a Mozilla license?(If you needed one)
  10. Anything else important I might have forgotten?
  11. What are some other downsides to the Licenses I forgot?

 

Thanks!

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I used the GNU LGPL for mine, plus GPL extensions.

Does the Mozilla license require every change made to the Engine/Editor by someone to be contributed back to the Engine/Editor?


No, because that's not how copyleft works. Copyleft doesn't require anyone to contribute to anything; it just requires derivative works to include source code under the same license (the MPL in this case).

Or is he just required to publish them in his own repository?


No, not that either. Under copyleft licenses, as long as recipients of the binary also get source code at no additional cost, the requirement is satisfied. They could even choose to charge $500 for binary copies, as long as anyone who buys those binaries gets source code too.

Does the Mozilla license require someone to contribute back at all?


No. No libre license has such a requirement. It would go against the four freedoms of libre software.

Can someone clone my source code and change the license? And can I do that with my own source?


It depends on what the terms of the license are. Copyleft licenses generally prohibit this; that's the point of copyleft. But exceptions are common.

Since you're talking about the MPL, that license permits relicensing to the GNU GPL, GNU LGPL, or GNU AGPL. In the case of an Expat-style license, combining with code under other licenses is permissible, so e.g. if you add GNU GPL code, you get a GNU GPL program with an Expat-licensed portion.

Full details are a bit more complicated than that, but that's the run-down.

As for you, if you own the full copyright to the work, you can relicense it however you want, albeit you can't take away these licenses from people who already got copies under them (these are perpetual grants of permission). But if you accept outside contributions, those contributions will be covered by copyright owned by the respective contributors and you will have the same requirements regarding those portions as anyone else.

Can the Editor and Engine be Mozilla/MIT licensed, and the Game be licensed differently?


In the case of those two licenses, yes.

Can someone just take my source with the Mozilla license and change the name, improve it, and keep it in a separate repository?(Not contributing back to me)


Yes, absolutely.

Will the Mozilla license drive people away?


I don't know about that. Firstly because the MPL is such a weak copyleft license, and secondly because I'm not so sure that copyleft drives people away.

Am I required to publish the source with either the MIT or Mozilla license?


For an Expat-style license, no one at all is required to publish or give away source code to anybody. In any case, if you are the full copyright owner of a program, its license doesn't apply to you because you are not restricted by your own copyrights.

Would you personally use a game engine and editor that uses a Mozilla license?(If you needed one)


Yes.

On 12/7/2018 at 12:12 PM, Tim Leijten said:

I'm not a lawyer and I don't know much about it. I also don't have the money to hire one.

Then you're not ready to release it the way you're describing. 

One of the major purposes of those open source licenses is that anybody can take it, make it better, and release it as their own. Anybody can "fork" a project to create their own based on yours, adopting your work and building a new product from it. This seems to be the opposite of what you are describing as your goal.

IP laws are much like a genie in a bottle. If you accidentally release it, it is impossible to recapture.

This kind of thing needs a chat with actual lawyers who understand the licenses and can take the time to understand your exact needs.  Most likely they will draft a license that exactly matches your requirements.  If you want to forbid other people from taking your product and re-launching it, none of the major Open Source licenses will work for you.

Anybody can "fork" a project to create their own based on yours, adopting your work and building a new product from it. This seems to be the opposite of what you are describing as your goal.


Where do you get that impression? It seems to me he just wants the benefits of copyleft: to give users the freedom to use and extend the engine, but make sure they don't keep the changes to themselves in a proprietary fork.

For that goal, my recommendation is pretty simple: the GNU LGPL for the engine, and the GNU GPL for the editor. Of course the LGPL requires dynamic linking for proprietary programs (instead of static linking), but there's a good reason for that requirement: it makes it possible to modify the library in isolation and then run the proprietary program with the modified library.

I think in this case, a lawyer is unnecessary. These are quite simple documents and getting help is quite easy The Free Software Foundation (authors of the GNU GPL, GNU LGPL, GNU AGPL, and the definition of libre software itself) actually has a whole page dedicated to helping libre software developers out on this issue, for example.

I get that impression based on the problems he had with each of the licenses and the questions he had:

On 12/7/2018 at 12:12 PM, Tim Leijten said:

all that work might be for nothing, because someone else now has the same product with more features. ... which means they can't just run of with my Engine and Editor ... He then forks or clones it and changes the colors to a grey theme. Is he now required to submit those changes back? ... Can someone just take my source with the Mozilla license and change the name, improve it, and keep it in a separate repository?(Not contributing back to me)

Combined, those statements lead me to believe his big fear is that someone will take his published work, improve on it, and leave him in the dust.

With open source software, all the licenses not only permit that type of thing, but for some it is explicitly an incentive to continue producing the best possible code. The Free Software Foundation has four "freedom" goals with the GPL and other licenses, and this ability comes with the fourth Freedom.

That is, anybody anywhere can can create a derived product, including marketing that product and charging a distribution fee for that product. They can do it without notifying you of their changes, nor incorporating their changes back into yours.

The fourth freedom means somebody else can start with the same product, add features and modify features, and supplant the original creator as the leader for the product.

Right, but I got the impression that he was concerned about people competing unfairly with forks he can't benefit from (i.e. proprietary forks). Copyleft protects against that quite well. It's the whole reason Linus Torvalds used the GPL for Linux (he doesn't care about the FSF's philosophy at all).

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