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Abstract
Computing is ubiquitous in every domain of scientific research. Software is the means by which scientists harness the power of computers, and much scientific computing relies on software conceived and developed by other practicing researchers. The task of creating scientific software, however, does not end with the publication of computed results. Making the developed software available for inspection and use by other scientists is essential to reproducibility, peer-review, and the ability to build upon others' work [1], [2]. In fulfilling expectations to distribute and disseminate their software, scientist-programmers are required to be not only proficient scientists and coders, but also knowledgeable in legal strategies for licensing their software. Navigating the often complex legal landscape of software licensing can be overwhelming, even for sophisticated programmers. Institutional technology transfer offices (TTOs) exist to help address this need, but due to mismatches in expectations or specific domain knowledge, interactions between scientists and TTO staff can result in suboptimal outcomes. As practitioners in the scientific computing and technology law fields, we have witnessed firsthand the confusion and difficulties associated with licensing scientifically generated software. SBGrid.org is a consortium of scientific software developers and users in hundreds of biomedical research laboratories worldwide. As facilitator and middleman between developers and end-users, we commonly assist in the dissemination and use of scientifically generated software. Through research and advocacy, the Samuelson Law, Technology and Public Policy Clinic works with software developers and other creators on licensing issues, particularly issues related to facilitating “open access” to scientific, technical, or creative materials. Together, we offer a primer on software licensing with a focus on the particular needs of the scientist software developer. The aim of this guide is to help scientists better engage with their institutional TTO when choosing software licenses.
Highlights
As practitioners in the scientific computing and technology law fields, we have witnessed firsthand the confusion and difficulties associated with licensing scientifically generated software
SBGrid.org is a consortium of scientific software developers and users in hundreds of biomedical research laboratories worldwide
We offer a primer on software licensing with a focus on the particular needs of the scientist software developer
Summary
Licenses are important tools for setting specific terms on which software may be used, modified, or distributed. Software may be left in a state of legal uncertainty in which potential users may not know which limitations owners may want to enforce, and owners may leave themselves vulnerable to legal claims or have difficulty controlling how their work is used. This is true for software that is commercialized and offered for a fee, and software that is made available without cost to others. It is important to note that licenses can be used to facilitate access to software as well as restrict it
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