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Open Source Software License Template for Indonesia

This Open Source Software License is a legal document drafted under Indonesian law, specifically complying with Law No. 28 of 2014 on Copyright and related regulations. It provides a comprehensive framework for software distribution, modification, and usage rights while ensuring compliance with Indonesian intellectual property laws. The license balances the principles of open source software distribution with local legal requirements, addressing key aspects such as copyright protection, liability limitations, and dispute resolution within the Indonesian legal context.

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What is a Open Source Software License?

This Open Source Software License is designed for use when releasing software under open source terms while maintaining compliance with Indonesian legal requirements. It is particularly relevant when software developers or organizations want to make their software freely available for use, modification, and distribution while protecting their interests under Indonesian law. The license incorporates provisions from Law No. 28 of 2014 on Copyright and Law No. 11 of 2008 on Electronic Information and Transactions, ensuring that the open source principles are properly implemented within the Indonesian legal framework. This document is essential for both individual developers and organizations operating in Indonesia who wish to contribute to the open source community while maintaining legal clarity and protection.

What sections should be included in a Open Source Software License?

1. Parties: Identifies the licensor (copyright holder) and defines the potential licensees (users of the software)

2. Background: Explains the context of the software, its purpose, and the intent to make it available as open source

3. Definitions: Defines key terms used throughout the license, including 'Software', 'Source Code', 'Derivative Works', and other technical and legal terms

4. Grant of License: Specifies the rights granted to licensees, including rights to use, modify, and distribute the software

5. Conditions of Use: States the conditions under which the license is granted, including attribution requirements and copying of license terms

6. Redistribution Rights and Obligations: Details the terms under which the software can be redistributed, including source code availability requirements

7. Intellectual Property Rights: Confirms the original copyright ownership and handles trademark usage rules

8. Modifications and Derivative Works: Specifies terms for creating and distributing modified versions of the software

9. Warranty Disclaimer: Disclaims warranties to the extent permitted by Indonesian law

10. Limitation of Liability: Limits the licensor's liability in accordance with Indonesian legal requirements

11. Term and Termination: Specifies the duration of the license and conditions for termination

12. Governing Law and Jurisdiction: Establishes Indonesian law as governing law and specifies jurisdiction for disputes

What sections are optional to include in a Open Source Software License?

1. Patent License: Additional section when the software includes patented technology, granting explicit patent rights

2. Export Control: Required when the software might be subject to export restrictions

3. Data Protection and Privacy: Needed when the software processes personal data or requires compliance with Indonesian data protection laws

4. Contributor License Agreement Terms: Required when accepting third-party contributions to the software

5. Network Use Rights: Additional terms for software used in network/cloud environments

6. Commercial Use Provisions: Special terms for commercial usage scenarios while maintaining open source status

What schedules should be included in a Open Source Software License?

1. Schedule A - Software Description: Detailed description of the software, including components and functionality

2. Schedule B - Third-Party Components: List of third-party software components and their respective licenses

3. Schedule C - Required Notices: Copyright notices and attributions that must be included in all copies

4. Appendix A - Compatible Licenses: List of open source licenses compatible with this license

5. Appendix B - Usage Guidelines: Technical guidelines for proper software usage and modification

Authors

Alex Denne

Advisor @ 蜜桃传媒AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Indonesia

Document Type

License Agreement

Sector

IP

Cost

Free to use

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