Anaconda is licensed under the BSD license. This FAQ addresses common questions related to open source software and the indemnification available with Anaconda.
About Open Source Software
- Q: What is Open Source Software?
A: Open source is a collaborative approach to software development where a community of contributors build and maintain the software.
The goal of Open Source Software is to create software that provides the following freedoms to its users:
- The freedom to run the program, for any purpose
- The freedom to study how the program works, and change it so it does your computing as you wish. Access to the source code is a precondition for this.
- The freedom to redistribute copies so you can help your neighbor.
- The freedom to distribute copies of your modified versions to others. Access to the source code is a precondition for this.
The specific freedoms vary by the license used. The Open Software Initiative has a similar definition.
- Q: How are these freedoms enforced?
A: Via copyright law. In short, a software author copyrights her code, which in normal circumstances forbids copying. Then, she issues a license to anyone to use and copy the software provided they adhere to the license. The only way to receive a copy of the software is under the terms of the license.
Under some versions of open source software (particularly GPL), modified versions of the software (specifically: derived works) also become open source software under the same terms. This is the license that most enterprises are worried about because they don’t want to inadvertently have someone claim their proprietary software should be made open source because of a violation of the terms of the GPL. Continuum strives to use licenses that are not in the GPL family in Anaconda (the LGPL is better and usually ok).
- Q: What open source licenses exist?
A: There are many different kinds of open source software licenses. They vary in the restrictions placed on the user accepting the license, particularly regarding the requirements to redistribute modifications. Some common licenses include: BSD, MIT, Apache, GNU GPL v2 and GNU GPL v3.
- Q: Is Open Source the same thing as Public Domain?
A: No. Software in the Public Domain is not covered by copyright, and is not restricted in how it is used. Open source software uses copyrights to place restrictions on the software, to guarantee or enforce the open source freedoms.
- Q: Does Open Source imply “free of charge”?
A: Not necessarily. Open Source licenses generally do not forbid selling the software for a fee, at any price. However, customers can generally get open software from other places and naturally inherit the freedom to redistribute the software to as many people as they like, and free of charge if they like.
- Q: What does Open Core mean?
A: “Open Core” is a common commercial model where a self-contained open source system is distributed with additional proprietary components under a standard (non-free) license.
The “open core” remains under an open source license, and may be used, distributed and modified under the terms of that license, independently of the commercial components it was distributed with.
- Q: What are the advantages and challenges with open source?
A: The key advantages of open source are:
- Free software
- Innovation by best minds in the community
- “Many eyes makes bugs shallow”
- Wide diversity of capabilities due to the varied interests of the community
- Oftentimes developed by experts with deep domain expertise
- Maintained by the community not by your organization
The key challenges with open source are:
- Lack of vendor support for product
- Lack of standardization in code development and community adoption
- In some cases, open source can “scare away” innovation in an area and if the open source code is not very capable, it leaves gaps in the marketplace.
- Q: What is indemnification?
A: Indemnification is a type of agreement where one party agrees not to hold another party liable for legal causes of action in the future. Usually, only one party “indemnifies” the other party. It is somewhat similar to a liability waiver, but may be more specific.
- Q: Why is indemnification important in open source?
A: Indemnification is important for enterprise adopters of open source because the community contributors do not provide any warranties or indemnification due to intellectual property infringement as is typically provided by proprietary, close sources software.
About Indemnification in Anaconda
- Q: What indemnification is included in Anaconda?
A: The Anaconda paid subscriptions include indemnification on selected packages which protects customers creating and deploying solutions using Anaconda. This protects the customer in the event that there is an intellectual property dispute with any software included in their Anaconda subscription. The protection is designed to allow customers to continue to use their Anaconda based solution without interruption or risk of breach of the licensing agreement. The protection addresses remedies to the offending intellectual property and coverages for litigation.
The potential remedies included in the Anaconda subscriptions are:
- Replace Software - Continuum modifies or replaces the intellectual property to make it non-infringing
- Purchase Software License - Continuum procures the right to continue using the software for the customer from the owner of the intellectual property or
- Money Back - Continuum refunds the current Anaconda annual subscription fee
In the event of litigation, Continuum covers the cost of litigation up to the amount paid for the current Anaconda subscription.
The benefits of the indemnification included in the Anaconda subscription include:
- A dedicated technical developer(s) assigned to remedy the infringement
- No limit to the amount of time and development by Continuum resources required to apply the changes/fixes
- Immediate attention and coordination through a named Support Specialist
- Legal representation provided (if needed, at Continuum's discretion)
- Coordination with all third party software providers done by Continuum on behalf of the customer
- Q: How does the indemnification in the Anaconda subscription protect customers?
A: The indemnification in Anaconda is designed to allow customers to continue to use their Anaconda solution without interruption. The terms of the program include:
- Replace or Modify Software - Continuum modifies or replaces the intellectual property to make it non-infringing
- Purchase Software License - Continuum procures the right to continue using the software from the owner of the intellectual property or
- Money Back - Continuum refunds the current Anaconda annual subscription fee
In the event of litigation, Continuum defends the customer by hiring and paying for an attorney and by paying damages that result from a judgment or settlement against the customer up to the current subscription amount paid for the Anaconda subscription.
- Q: Can the customer purchase additional “litigation coverage” with their Anaconda subscription?
A: Yes. For an additional fee, a customer can purchase additional indemnification coverage beyond amount of money they paid for their subscription. It is based on a formula depending on the number of users they have purchased. It is 1/5th the amount of coverage for less than 250 users and 1/10th the amount of coverage for more than 250 users. So, for $1 million of legal liability coverage, and more than 250 users, the annual cost would be $100,000. For fewer than 250 users it would be $200,000.
This adds to the amount that Continuum will draw on to defend the customer by hiring and paying an attorney and paying damages that result from any judgment or settlement.
N.B. This FAQ is intended as a general guide and does not constitute legal advice.