9

The 0BSD license template contains a copyright notice line.

Copyright (c) [year] [fullname]

Permission to use, copy, modify, and/or distribute this software for any
purpose with or without fee is hereby granted.

THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH
REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THIS SOFTWARE.

Why? It seems that it would become inaccurate as soon as there's more than one contributor anyway. Can I just drop it?

Note that I'm not asking about me creating a derived work of 0BSD-licensed work and removing an existing copyright notice. I'm asking about not including the copyright notice in the license text of my original work.

4
  • 1
    Related: opensource.stackexchange.com/q/14766/190 Commented Jul 23 at 22:33
  • Do you mean keeping the text beginning with "Permission to use", just dropping the first line?
    – Barmar
    Commented Jul 24 at 13:15
  • 1
    @Barmar, yes, I'd like to drop the first line only.
    – avakar
    Commented Jul 24 at 19:50
  • Why not just include a notice placing the work in the public domain, then?
    – Jim L.
    Commented Jul 25 at 20:06

4 Answers 4

11

Why?

  • Most importantly, because BSD0, like most open source licenses, is a copyright license. Without copyright, there is nothing to license. In that regard, omitting the copyright notice is significant in some jurisdictions.

  • Also, because it identifies the original author of the work, and maybe others, too.

  • And because it identifies the age of the work, which is relevant to when your copyrights expire.

Possibly other reasons, too.

It seems that it would become inaccurate as soon as there's more than one contributor anyway.

But you said you're not concerned with derived works, so how is the notice going to become inaccurate within the scope of your interest? If others work directly with you on the software, and thereby acquire some of the copyright, then you can just add them to the copyright notice. If they make independent modifications then the result is a derived work, which you say does not interest you. (And in which they can add themselves to the copyright notice if they wish).

Can I just drop it?

Of course you can. But I would advise that you shouldn't.

3
  • 2
    Practically speaking, omitting the copyright notice does not matter in any important jurisdiction. All recent international treaties have automatic copyright assignment. Identifying the author does have value, that part is true.
    – MSalters
    Commented Jul 25 at 13:30
  • 1
    @MSalters: I wonder if the people who sought to "harmonize" copyright laws gave any thought to the fact that while short-term copyrights can be dealt with without having to identify the author (if one can prove that an artifact holding a work is older than the copyright duration, authorship would be irrelevant), it makes no sense to tie the duration of copyright to the life of someone who can't be identified.
    – supercat
    Commented Jul 25 at 17:20
  • 1
    @supercat Yes, most countries have a rule for anonymous works, based on the first date of publication.
    – jpa
    Commented Jul 26 at 6:36
9

If there would ever be a legal dispute surrounding the rights to this software, the name in the copyright line would at least make it clear who is claimed to first have provided it under 0BSD license.

Example case:

  1. Company A uses the 0BSD licensed code in their commercial product.
  2. Fraudulent B sues A and claims the code is their, and has never been licensed under 0BSD.
  3. Company A could now contact the person mentioned and try to arrange for them to testify that they have originally written the software. The evidence would be weighted against what B can come up with.

This is a benefit for the users of the software. If you do not care for attribution nor about others trying to claim the credit, there is little benefit for yourself to include that line.

8

It would be unwise and in case of the copyright line of someone else unethical.

The copyright line makes clear who gives you (and others) the right as elaborated below the copyright statement. Copyright applies without any provisions taken, so stativ the copyright holder allows also to verify the copyright.

5
  • 4
    I should have been more clear: I would be the copyright holder, so I don't think it would be immoral. Why would it be unwise? "stating the copyright holder allows also to verify the copyright" How?
    – avakar
    Commented Jul 24 at 11:57
  • 1
    “Immoral” is a weird stance here… what immorality specifically are you concerned with?
    – Sneftel
    Commented Jul 24 at 20:12
  • Perhaps "unethical" instead of "immoral" ?
    – Criggie
    Commented Jul 24 at 22:12
  • 1
    I suspect "immoral" (equivalently "unethical") was due to the original lack of clarity in the question. It would be unethical to remove the copyright line from someone else's work, but it's just confusing to remove it from your own. (after all, they may need to prove one day that you legally gave them a license) Commented Jul 25 at 10:08
  • @preferred_anon correct. I meant to convey that it is unethical to remove somene else's copyright line Commented Jul 26 at 15:17
6

Why? It seems that it would become inaccurate as soon as there's more than one contributor anyway. Can I just drop it?

The copyright statement isn't strictly speaking part of the license. Instead, it simply serves to identify who holds the copyright to the code and is granting the license.

In particular, it's perfectly possible (and fairly common) to list both multiple years (if successive versions of the code have been published over several years) and multiple copyright holders (if the code has been written in collaboration by multiple people or organizations). A perfectly reasonable copyright notice could look like this:

Copyright (c) 2022-2024 Alice Developer, Bob Collaborator & Zoe Contributor.

or like this:

Copyright (c) 2017-2024 The OpenFoo Software Foundation.

This software is based on FooServer 1.11b, copyright (c) 2011-2017 John X. Foo.

or even like this:

Copyright (c) 1998-2024 A. Developer, the Foo Project and multiple collaborators (see CONTRIBUTORS.txt file for full list).

The important part is that the copyright notice should allow the recipient of the code to unambiguously identify who has contributed to the code and may thus need to be contacted in case the recipient e.g. wants to renegotiate a new license for the code. Of course, in some cases this information may also be available directly e.g. from version control history, but the copyright statement should provide a more conveniently accessible summary of it even if the full history is not available.

The copyright statement should also include the year or years in which the code was published, to aid determination of when its copyright will expire and the code will enter the public domain. Under the current international copyright rules, where most copyrights last until 50 to 70 years after the death of the last author, this may seem somewhat pointless, and honestly it is of secondary importance. But it's traditional to include it anyway, it takes very little effort to do so, and it can at least be occasionally useful to determine how old some code is.


Ps. It's also worth emphasizing that, under current copyright law, a copyright notice is not required to claim copyright in a work. This used to be a requirement in some places, including in the US until 1989, but such copyright formalities are nowadays forbidden by the Berne Convention, which makes the establishment of copyright automatic from the moment a work is created (or more precisely "fixed" in a permanent medium e.g. by writing it down or recording it).

That said, the presence of a copyright notice can still be helpful if you ever wish to sue someone for violating your license, since it prevents the violator from using an "innocent infringement" (i.e. "I didn't realize this was copyrighted") defense.

Of course, if you're using a license as permissive as 0BSD, you're probably not planning on ever suing anybody for violating it (and in fact it's almost impossible to violate it in the first place). But should you ever decide that you'd like to switch your project to a less permissive license (like a copyleft license such as the GPL), a clear copyright notice would be much more important.


More to the point, for the recipient of the code, the copyright statement serves to indicate who has granted the license to the code and when. A 0BSD license without a copyright notice may leave the recipient uncertain about the validity of the license and whether it still applies to the entire code as they received it.

For a practical example, let's say that you're browsing GitHub and find a repo with a license stating just:

Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted.

and a warranty disclaimer, but no copyright statement.

Curious, you take a look at the git history and see that this file was added in 2015 by the original author of the code, Alice. Since then, Bob and Carol also contributed code to the repo, after which it was forked in 2018 by Dave, who refactored and extended the code before abandoning it in 2019, after which it was forked again in 2021 by Eveline, who fixed some bugs in Dave's code and also merged in new features contributed by "Fedor" and "Greta" and in 2022 transferred ownership of her fork to Harry, who is the current maintainer.

Confused, you decide to e-mail all the contributors, using the addresses recorded in the git history, and ask if the license is still valid. Messages to Alice, Bob, Dave and Eveline all bounce or get no reply. The addresses of Fedor and Greta aren't recorded at all, because Eveline rebased and squashed their contributions manually and the commits just have her address. Carol does reply, saying that she didn't really pay attention to how the project was licensed but she's fine with whatever, although if she gets to choose she'd rather prefer "something more standard, like Apache or GPL".

Harry also replies, saying that he hasn't really had much time to work on the project since Eveline handed it over to him, but he'd be happy to transfer it to you if you'd like to maintain it. And that he has no clue about the license notice, he just kept all that stuff the way Eveline left it, but he's happy to license his code "the same way as everyone else".

So, what do you do? And how much clearer and easier would it have been if there had been a copyright statement and if every contributor had updated it, making it look e.g. something like this:

Copyright (c) 2017 Alice, Bob, Carol.

Copyright (c) 2018-2019 Dave.

Copyright (c) 2021-2022 Eveline, Fedor, Greta, Harry.

Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted.

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