Open Source Software

Open source software (OSS) refers to software that is distributed with the source code available to the public and under a license that allows anyone to view , modify, and redistribute the code. In contrast, proprietary software is closed-source, meaning its source code is kept secret by the owner, with usage governed by strict licensing agreements. If you are considering releasing your code as proprietary software, please proceed to License software to third parties.

OSS began with the early sharing of code among computing programmers but faced obstacles in the 1970s and 1980s as major companies like Microsoft viewing OSS as a threat to the proprietary models that dominated their business. The free software movement, led by Richard Stallman and the GNU Project, sought to counter these obstacles. The term "open source" emerged in the late 1990s to promote collaboration and gain broader appeal. Over time, skepticism over security and profitability faded as projects like Linux and Apache showcased OSS’s potential, leading even former critics to embrace open source as a key part of modern technology and innovation.

Nowadays, the choice between open source and proprietary software often depends on the specific needs, resources, and priorities of both owners and users.

As Developers/Owners:

Open Source Software (OSS):

• Fast and unlimited distribution: Open source software can be distributed freely and rapidly across various platforms and communities, allowing for widespread adoption and use.
• Low-cost and spontaneous testing: Testing in OSS often occurs naturally within the community, with users identifying bugs and suggesting improvements. This process can be cost-effective and benefit from diverse perspectives but comes with no warranties or guarantees.
• Collaboration and recognition: Developers can collaborate with a global community, contributing to or benefiting from collective knowledge and shared improvements. This fosters innovation and quick problem-solving. Developers can gain recognition, which can enhance their reputation and lead to career opportunities.
• Business strategy: OSS business models are often service-oriented, focusing on support, customization, and community engagement, with revenue coming from ancillary services rather than the software itself.

Proprietary Software:

• Controlled distribution: Proprietary software is distributed in a controlled manner, typically managed by the owning company, which decides how, when, and to whom the software is released.
• Dedicated and managed testing: Testing is usually conducted by professional teams within the company, following structured processes to ensure quality before release. This can lead to higher reliability but at a higher cost.
• Exclusive Commercialization: The owning company retaining all rights to profit from the software, often leading to more controlled and focused market strategies.
• Business strategy: Business models are typically product-oriented, generating revenue directly from software sales, subscriptions, and licensing, with a focus on controlled distribution and customer retention.
  

As Users:

Open Source Software (OSS):

• Cost: Most OSS is available for free, which can significantly reduce costs for users, especially for individuals, small businesses, and educational institutions.
• Flexibility: users can customize the software to meet specific needs, allowing for tailored solutions, as long as they comply with the conditions in the specific OSS licenses.
• Independence: Users are not tied to a single vendor, reducing the risk of vendor lock-in. They can choose from different providers or manage the software independently.
  
• Security through transparency: Users can trust the software because its source code is publicly available. This transparency ensures that the software is free of hidden malicious code and aligns with the user’s security standards.
• Community Support: While OSS may lack official customer support, it often has active communities where users can seek help, share solutions, and discuss issues. However, official support can be available for certain OSS through paid services.

Proprietary Software:

• Ease of Use: Proprietary software is often designed with user-friendliness in mind and may come with extensive customer support, tutorials, and documentation.
• Restricted Access: Users do not have access to the source code. They can only work within the confines of the software’s provided features and APIs.
• Reliability and support: Users can usually rely on professional, dedicated support from the vendor, which can be crucial for mission-critical applications. Proprietary software often comes with warranties and guarantees, providing users with a sense of security.
  
• Dependency on vendor: Developers are dependent on the software vendor for updates, bug fixes, and new features. 
  
• Security through obscurity: Proprietary software often relies on keeping its code closed as a security measure, with the ecosystem tightly controlled by the owning company.
• Cost: Users typically need to pay for licenses, subscriptions, or upgrades, which can be a significant expense.
  

Copyright and patents are two different methods of protecting software, each focusing on different aspects of intellectual property rights.

Copyright In Switzerland the external page copyright law protect works that are literary and artistic intellectual creations with individual character, irrespective of their value or purpose. This includes for example literary and musical works, images, sculptures, films, operas, ballets and pantomimes works.

According to the copyright law computer programs (software) are explicitly considered works. However, copyright does not protect the underlying ideas, algorithms, or functionality of the software—only the specific way these elements are expressed in code. 

A work is protected under copyright as soon as it is created, so the copyright protection exists from the time the work is created in fixed form. In case of software from the time it is written down (the software is coded). 

 For detailed information of the copyright law and ownership of software at ETH, please refer to Software and Copyright.

Patents, on the other hand, protect the underlying inventions that make the software function as a technical solution to a practical problem. A software patent can protect new and inventive algorithms, methods, or technical solutions implemented by the software. With a patent, the inventor can prevent others from using, selling, or making the patented invention without permission.

If you want to apply for a patent for your software, please proceed to Patenting Software.

The author of a software is the person who has materially written the program code, meaning the developer(s) or coders are considered the authors of the software. If a professor hosts an OSS project but does not directly contribute to the coding, he or she is not considered an author. An author has what are known as moral rights in the software. For instance, the author has the right to be acknowledged as the creator of the software. He or she may also choose to waive this right or be credited under a pseudonym instead of his or her real name. 

Importantly, if the software was created as part of an employee’s official duties at ETH Zurich, ETH Zurich holds the exclusive rights of use and exploitation of that software (Federal Act on the Federal Institutes of Technology, external page Article 36, para. 2). This means that ETH Zurich can exclusively determine who and under what conditions can access, use, distribute, and redistribute (including license and sueblicense) the software. In this sense, ETH Zurich can be regarded as the "owner" of the software.

• If you wish to license your code as proprietary software to a third party, it must be submitted to ETH transfer for review. ETH transfer will then draft a license agreement for the software, which must be approved and signed by the ETH Vice President for Knowledge Transfer and Corporate Relations, as well as the responsible professor. A detailed guidance can be found at licensing software.
• On the other hand, if you wish to distribute your code under an open-source license, you must obtain approval from the responsible Research Group Leader (normally the professorship in charge of the funding for this work), even if he or she is not an author of the code. This reflects the planned revision of the ETH Zurich Exploitation Guideline, while the old Exploitatoin Guideline (RSETHZ 440.4), currently still in force, requires that the decision of OSS release must always be approved by all software authors.

As the OSS ecosystem operates with dynamics and mindset that differ significantly from conventional proprietary software, it is important to be fully informed about the legal, commercial, and reputational risks associated with OSS release and license management. ETH Zurich authors of OSS are strongly encouraged to visit our website, particularly the "OSS Release Checklist".