BSD licenses

Some releases of BSD prior to the adoption of the 4-clause BSD license used a license that is clearly ancestral to the 4-clause BSD license. These releases include 4.3BSD-Tahoe (1988) and Net/1 (1989). Although largely replaced by the 4-clause license, this license can be found in 4.3BSD-Reno, Net/2, and 4.4BSD-Alpha.

Copyright (c) <year> <copyright holder>.
All rights reserved.

Redistribution and use in source and binary forms are permitted provided that the above copyright notice and this paragraph are duplicated in all such forms and that any documentation, advertising materials, and other materials related to such distribution and use acknowledge that the software was developed by the <copyright holder>. The name of the <copyright holder> may not be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The original BSD license contained a clause not found in later licenses, known as the "advertising clause". This clause eventually became controversial, as it required authors of all works deriving from a BSD-licensed work to include an acknowledgment of the original source in all advertising material. This was clause number 3 in the original license text:[4]

Copyright (c) <year>, <copyright holder>
All rights reserved.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the <copyright holder>.
4. Neither the name of the <copyright holder> nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY <COPYRIGHT HOLDER> ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL <COPYRIGHT HOLDER> BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This clause was objected to on the grounds that as people changed the license to reflect their name or organization it led to escalating advertising requirements when programs were combined together in a software distribution: every occurrence of the license with a different name required a separate acknowledgment. In arguing against it, Richard Stallman has stated that he counted 75 such acknowledgments in a 1997 version of NetBSD.[5] In addition, the clause presented a legal problem for those wishing to publish BSD-licensed software which relies upon separate programs using the GNU GPL: the advertising clause is incompatible with the GPL, which does not allow the addition of restrictions beyond those it already imposes; because of this, the GPL's publisher, the Free Software Foundation, recommends developers not use the license, though it states there is no reason not to use software already using it.[2]

Today, this original license is now sometimes called "BSD-old" or "4-clause BSD".

The advertising clause was removed from the license text in the official BSD on 22 July 1999 by William Hoskins, Director of the Office of Technology Licensing for UC Berkeley.[4][7] Other BSD distributions removed the clause, but many similar clauses remain in BSD-derived code from other sources, and unrelated code using a derived license.

While the original license is sometimes referred to as the "BSD-old", the resulting 3-clause version is sometimes referred to by "BSD-new." Other names include "New BSD", "revised BSD", "BSD-3", or "3-clause BSD". This version has been vetted as an Open source license by the OSI as "The BSD License".[3] The Free Software Foundation, which refers to the license as the "Modified BSD License", states that it is compatible with the GNU GPL. The FSF encourages users to be specific when referring to the license by name (i.e. not simply referring to it as "a BSD license" or "BSD-style") to avoid confusion with the original BSD license.[6]

This version allows unlimited redistribution for any purpose as long as its copyright notices and the license's disclaimers of warranty are maintained. The license also contains a clause restricting use of the names of contributors for endorsement of a derived work without specific permission.

Copyright (c) <year>, <copyright holder>
All rights reserved.

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of the <copyright holder> nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL <COPYRIGHT HOLDER> BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

FreeBSD License

Author	The FreeBSD Project
Publisher	The FreeBSD Project
Published	April 1999 or earlier
SPDX identifier	BSD-2-Clause
Debian FSG compatible	Yes
FSF approved	Yes[8]
OSI approved	Yes[3]
GPL compatible	Yes[8]
Copyleft	No[8]
Linking from code with a different licence	Yes

An even more simplified version has come into use, primarily known for its usage in FreeBSD.[9] It was in use there as early as April 29, 1999 [10] and likely well before. The primary difference between it and the New BSD (3-clause) License is that it omits the non-endorsement clause. The FreeBSD version of the license also adds a further disclaimer about views and opinions expressed in the software,[11] though this is not commonly included by other projects.

The Free Software Foundation, which refers to the license as the FreeBSD License, states that it is compatible with the GNU GPL. In addition, the FSF encourages users to be specific when referring to the license by name (i.e. not simply referring to it as "a BSD license" or "BSD-style"), as it does with the modified/new BSD license, to avoid confusion with the original BSD license.[8]

Copyright (c) <year>, <copyright holder>

Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Other projects, such as NetBSD, use a similar 2-clause license.[12] This version has been vetted as an Open source license by the OSI as the "Simplified BSD License."[3]

The ISC license is functionally equivalent, and endorsed by the OpenBSD project as a license template for new contributions.[13]

The BSD 0-clause license (SPDX: 0BSD) goes further than the 2-clause license by dropping the requirements to include the copyright notice, license text, or disclaimer in either source or binary forms. Doing so forms a public-domain-equivalent license.[15] It was first used by Rob Landley in Toybox.

Copyright (C) [year] by [copyright holder] <[email]>

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.

The SPDX database contains a few extra BSD license variations. Examples include:[16]

• BSD-1-Clause, a license with only the source code retaining clause.
• BSD-2-Clause-Patent, a variation of BSD-2-Clause with a patent grant.
• BSD-3-Clause-No-Nuclear-Warranty, a variation of BSD-3-Clause that adds a disclaimer that a piece of software is not designed for use in a nuclear facility.

The FreeBSD project argues on the advantages of BSD-style licenses for companies and commercial use-cases due to their license compatibility with proprietary licenses and general flexibility, stating that the BSD-style licenses place only "minimal restrictions on future behavior" and aren't "legal time-bombs", unlike copyleft licenses.[17] The BSD License allows proprietary use and allows the software released under the license to be incorporated into proprietary products. Works based on the material may be released under a proprietary license as closed source software, allowing usual commercial usages under them.

The 3-clause BSD license, like most permissive licenses, is compatible with almost all FOSS licenses (and as well proprietary licenses).[18][19]

Two variants of the license, the New BSD License/Modified BSD License (3-clause),[6] and the Simplified BSD License/FreeBSD License (2-clause)[8] have been verified as GPL-compatible free software licenses by the Free Software Foundation, and have been vetted as open source licenses by the Open Source Initiative.[3] The original, 4-clause BSD license has not been accepted as an open source license and, although the original is considered to be a free software license by the FSF, the FSF does not consider it to be compatible with the GPL due to the advertising clause.[2]