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Open Source Licenses For Academic Work?

Posted by Soulskill on Sat Sep 20, 2008 10:16 AM
from the attribution-citation-and-extra-pepperoni dept.
An anonymous reader writes "We're in the process of submitting a scientific paper describing some techniques for data analysis. We'll be releasing the associated code, so we're faced with choosing an appropriate license. My supervisor insists there should be a citation clause, requiring any published article that uses results of the software to cite our paper. Of course, ideally, free software shouldn't have such encumbrances, and I initially tried to talk him out of it. However, in academia, the issue of attribution and citation is very important. Also, it is not a restriction on use of the software per se, only on publication of results. Unfortunately, I couldn't find any such license. So I wondered: what do other academic Slashdotters do?"
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  • by xous (1009057) on Saturday September 20 2008, @10:18AM (#25085025) Homepage
    Not one of 'em crazy academics but wouldn't this do?

    http://creativecommons.org/licenses/by/2.5/
    • Re: (Score:3, Informative)

      He wants them to attribute when they use the results of the code, not when they use the code.

      • Re: (Score:2, Insightful)

        I misread that.

        I don't think it is possible to enforce restraints on the output of an application.

        Think of the implications of Microsoft if was able to have a similar clause in Microsoft Word, Wordpad, notepad, or even Windows.

        I think the best thing he can do is ask for citations/attribution.
        • by IWannaBeAnAC (653701) on Saturday September 20 2008, @11:17AM (#25085453)

          If you accept the basic premise of EULA's, which specify a contract, then that contract can do basically anything it likes, within the law.

          Existing EULA's can and do put restraints on what you are allowed to do with an application. Consider for example 'student' versions of software, such as Matlab, Visual C++, etc, that cannot be used for commercial or research purposes. Also a lot of scientific software has a 'no commercial use' clause.

          • If you accept the basic premise of EULA's, which specify a contract, then that contract can do basically anything it likes, within the law.

            But once you've gone that route, you've probably already given up the idea of using an OSI approved open source license.

          • by julesh (229690) on Saturday September 20 2008, @01:25PM (#25086443)

            If you accept the basic premise of EULA's, which specify a contract, then that contract can do basically anything it likes, within the law.

            Existing EULA's can and do put restraints on what you are allowed to do with an application. Consider for example 'student' versions of software, such as Matlab, Visual C++, etc, that cannot be used for commercial or research purposes. Also a lot of scientific software has a 'no commercial use' clause.

            Before I begin: IANAL. I have, however, read widely on law, particularly copyright and contract law. The following is not legal advice.

            What you say is true, as far as it goes.

            But you see, saying "you can use this program, as long as what you are doing falls into one of these categories" is entirely different from stating what you can do with the output of the program after you've finished using the program.

            Contracts have limits on what they can achieve, and when the requirements of a contract start to seem too onerous, courts tend to decide that the contract's aims are outside of the scope of a contract.

            I've never seen a relevant test, but I would expect that a contract that attempts to stifle the freedom of speech of one its parties would be very difficult to enforce, except in very specific circumstances. Such circumstances would probably include stuff like near-equality of bargaining power between the parties, which isn't the case here (where there's a producer/consumer relationship). Contracts that cannot be simply terminated without leaving behind residual obligations are harder to form, too. In this case, you can't just say, "I don't agree to that any more" and stop using the software, because you still have the results that you obtained from the software.

            My suggestion to the OP is quite simply this: pick any OSS license you like. I'm fond of BSD/MIT style licenses, and they are (as you can guess by the names) popular with academic institutions, at least in the field of CS. Release the software under that license, and put a note in the documentation politely asking people publishing results obtained from the software to include a citation to the paper about it. Include suitable example references in a number of formats, so it's particularly easy to cite.

            Really, people will want to provide a citation. It backs up their paper with more depth, provides additional information about the methods they have used and gives the reader more confidence in their results to know how they were derived.

            Why not just trust people?

        • Re: (Score:3, Informative)

          FSF ruled that a website using PHPNuke (GPL) had to retain the copyright notices for PHPNuke on page footers and in the Generator metatag since this was generated by the CMS code.

          And this copyright notice will be present on the generated pages footer and in the HTML source as a Metatag called Generator. Those messages are now compliant with the 2(c) section of the GPL license and CAN'T BE REMOVED.

          http://phpnuke.org/modules.php?name=News&file=article&sid=6966 [phpnuke.org]

          • Re: (Score:3, Insightful)

            But I guess they want citation in publications (academic paper), not just displayed in software.

      • by hey! (33014) on Saturday September 20 2008, @11:45AM (#25085665) Homepage Journal

        He wants them to attribute when they use the results of the code, not when they use the code.

        Personally, I think this wrong-headed.

        It seems to me that one of two cases apply: the software in question is critical to reproducing the results presented, in which case it would be mandatory to cite the software in any real peer reviewed paper. Or the software is not critical in reproducing the results, in which case the developers don't merit citation in the paper, although they may be deserving of gratitude and a pat on the pack.

        For example, should people who used LaTex or Open Office to prepare printed materials used in the course of their research cite those products? Only if the particular materials produced could only be produced in precise form by that software.

        Now suppose you used postscript to produce images used for vitual perception experiments. Well, you'd probably want to publish the routines, and certainly stipulate they ran on such and so a Postscript implementation, if there were any chance at all that different implementations would render those images differently.

        Now, in cases where results are produced that are dependent on a particular piece of software, whether that software be proprietary, open source, or in the public domain, it is academically dishonest NOT to cite the software, in my opinion.

  • by haluness (219661) on Saturday September 20 2008, @10:19AM (#25085037)

    So, if you were to get such a license and then somebody published a result without citing your software (as opposed to mentioning that they used the software), how would you (or your boss) enforce it?

    Would your boss really sue another academic for not citing the software?

    Of course, as an academic myself, not citing the paper for some software that I used, is sloppy anyway.

    • by goombah99 (560566) on Saturday September 20 2008, @10:30AM (#25085123)

      or Boo Hoo, what if someone read your paper and then did not cite it in their derivative work?

      Citations are a matter of academic integrity and publishing ethics not law.

    • by trainman (6872) on Saturday September 20 2008, @11:18AM (#25085461)

      This was exactly my thought, we GPL all the software out of our lab. We also have a prominent notice on our download page giving the proper journal citation for this particular piece of software, so users know what to put.

      However to not cite software used, particularly when the exact citation line is given to you so easily, in academic would be considered academic dishonesty. Sloppy as you said. And would reflect very poorly on the author of the paper if it were ever to come to light.

      Since you can't really enforce it without a costly lawsuit, you simply have to have faith other academics will follow the same attribution code to cite sources, including software.

      What might be more useful is writing this to a prominent journal in your field as a letter to bring attention to this issue, to help teach those older academics who never thought about the issues of citing software.

      • by iter8 (742854) on Saturday September 20 2008, @11:34AM (#25085573)
        We do the same, release the software under the GPL along with a request to cite the proper journal references. You can't really enforce that, but we seem to get plenty of citations, so I think it's an honor system that mostly works. When I review a paper, I try to make sure the authors cite the software they use and if the paper describes original software, they release it. I don't really trust the results from black-box software.
        • Re: (Score:3, Insightful)

          Another issue that no one seems to have mentioned yet is the credibility aspect. If the publications associated with a piece of software start getting enough citations to where it becomes well known and other researchers build on that software then citing it helps to give your own work a measure of credibility.

          You show that your results are obtained by building on top of battle-tested, proven software that's already been vetted by others. It deflects concerns about mistakes in your basic implementation an

      • Re: (Score:3, Informative)

        '

        This was exactly my thought, we GPL all the software out of our lab. We also have a prominent notice on our download page giving the proper journal citation for this particular piece of software, so users know what to put.

        However to not cite software used, particularly when the exact citation line is given to you so easily, in academic would be considered academic dishonesty. Sloppy as you said. And would reflect very poorly on the author of the paper if it were ever to come to light.

        Since you can't really

      • Re: (Score:3, Informative)

        I hate to be a lame AOL'er, but "me too" where me is all the people I work with: software is GPL, try to encourage people to cite (or in many cases just put a quick mention in the acknowledgements) any appropriate papers when publishing.

        A (marginally) interesting counter-example is healpix [nasa.gov], code used by astronomers for all sky maps (especially of CMB [wikipedia.org] data, its original use case). It was originally released with such a citation clause, which caused much annoyance among people who wanted to use the code for

  • NAMD License (Score:4, Informative)

    by Anonymous Coward on Saturday September 20 2008, @10:22AM (#25085061)

    The NAMD license [uiuc.edu] has a similar clause. It might be worth looking into.

  • The Attribution-Share Alike 2.0 Generic license looks
    like what you need

    http://creativecommons.org/licenses/by-sa/2.0/

    It allows others to modify and adapt your work as long
    as they attribute the original in the manner specified by you.

  • by logicnazi (169418) <logicnazi@g[ ]l.com ['mai' in gap]> on Saturday September 20 2008, @10:24AM (#25085071) Homepage

    Your academic papers don't have such a licensce. They are cited because it's considered unethical not to do so. The same would apply to using your source code.

    Also, your license can't actually enforce the citation clause. I mean whoever uses the code won't necessarily be the same person who writes the paper. Additionally I have some doubts that the kind of clause you are interested in would be legally enforceable.

    Science works because we trust other scientists to cite our work if they use it. If we kept our work secret unless other scientists signed agreements to do so nothing would get done.

    • But you might want to consider one of the many licenses that prevent intermediate parties from passing on the source code with all references to your group stripped out.

      To elaborate on my prior comment it's not clear to me whether merely using a copy of your code for research purposes without passing it on would be covered as a type of fair use and hence not require accepting the license in the first place.

    • by TheRaven64 (641858) on Saturday September 20 2008, @10:37AM (#25085195) Homepage Journal
      Why not look at some of licenses to come out of academia, the MIT license (from MIT) and the BSD license (from UCB), or the University of Illinois Open Source license? All of these are roughly equivalent. There are a few issues:
      • If your work was publicly funded, then a permissive license is the only ethical solution, since it is the only way of ensuring that your work benefits those who funded it.
      • Citation, as you point out, is an ethical issue, not a legal one. If someone uses your work and doesn't cite you, then this is unethical. Pursuing them legally is expensive (will your organisation fund this?) while a letter to the editor of the publishing journal is cheap and more likely to have the desired effect. If you include a note in the documentation suggesting the paper to cite, most people will (it's easier than thinking, and bulks out the references section...)
      • You are in academia. Your value as an academic is measured by your reputation. The more people use (or are aware of) your work, the greater this reputation will be. Any clause in a license which limits distribution or use is going to harm your reputation in the long run.
    • Re: (Score:3, Informative)

      Your academic papers don't have such a licensce. They are cited because it's considered unethical not to do so. The same would apply to using your source code.

      Yeah. Also, if someone uses the code to do calculations they're going to publish, then the publication is going to need to include enough information so that readers will be able to determine how the calculations worked. The easiest and most straightforward way for to accomplish that is simply to give a reference to the paper describing the code. As

      • by TheRaven64 (641858) on Saturday September 20 2008, @11:13AM (#25085435) Homepage Journal
        Best of all, provide a short list of papers about the software and BibTeX for all of them somewhere easy-to-find in the program documentation. I've only used one program that did this, but it makes life a lot easier when writing a paper relating to it - rather than having to hunt some vaguely-relevant reference, you just paste the BibTeX into your .bib file and you're done.
  • It's not like they can use your work without attribution in academic papers, since that would be plagiarism, right? So any specific clause that required citation would be unnecessary.

  • How in the world would you enforce such a licensing clause? Unless the output is DRMed in some way, they could just remove any markings that indicate it came from your program. Besides, an ethical researcher using your program would already cite the source of the data and an unethical researcher would just ignore any stipulations in the license.

  • Use a BSD License. This license goes back to the 1970s.
  • Ask nicely. (Score:5, Insightful)

    by JustinOpinion (1246824) on Saturday September 20 2008, @10:30AM (#25085117)
    To be honest, I think your best option is: "Ask nicely."

    Seriously, academia and publishing and citation is a massive reputation system. It almost entirely works on the honor system, with formal inquiries occurring (rarely) when there are major transgressions. Let's say you find or write some complicated open-source license that requires citation. The code will still be available. Unscrupulous people could still use the code and publish without citation. Do you really think you (or your supervisor) would ever bother suing them? I highly doubt it. But you would certainly spread the word that these researchers don't cite properly. You would certainly bring up this issue during peer review. This is where the real damage to them will occur.

    So, my recommendation is to just skip the middle-man, and don't bother with the unconventional FOSS license (which would just confuse people who want to use the software but won't ever publish anything). Wherever you post the code, just include a prominent request (on webpage, in README, and code headers) along the lines of "If you publish any work that uses this software, please cite XXX." Most scientists would be happy to add that citation. The only ones who wouldn't are the ones who try to pass off other's work as their own: do you really think they care about respecting copyright?

    This is, at least, the procedure used in my field. Publish your paper. Release the code using a standard FOSS license.. Add a citation request. Done.
  • by Timothy Brownawell (627747) <tbrownaw@prjek.net> on Saturday September 20 2008, @10:30AM (#25085127) Journal

    The BSD license is from UC Berkeley, the MIT license is of course from MIT, llvm is from the University of Illinois / NCSA and uses a license almost identical to the BSD license, etc. For some reason, this sort of "free as in knowledge" type license seems to be rather popular among educational institutions.

    My supervisor insists there should be a citation clause, requiring any published article that uses results of the software to cite our paper.

    That is a restriction on how it can be used, and I seriously doubt it is at all compatible with Open Source. It certainly wouldn't be compatible with Free-as-in-FSF software.

  • pointless (Score:3, Insightful)

    by jipn4 (1367823) on Saturday September 20 2008, @10:30AM (#25085129)

    If they use your software in a manner that, from an academic point of view, requires citation, then they are going to cite you anyway if they are honest.

    If they use your software in a manner that, from an academic point of view, does not require citation, then your clause puts them in a difficult position. For example, their editor might insist the citation be removed, but then your license kicks in.

    Besides, how are you going to enforce this anyway? Are you going to sue? What kind of damages and remedies are you going to put in there?

  • by Noksagt (69097) on Saturday September 20 2008, @10:31AM (#25085135) Homepage

    Just pick a standard OSI license, tell people who want to cite it how they can, and trust that it will work out. Don't try to force people to use your software in any peculiar way, even if that way does not seem "evil."

    I asked a related question here [slashdot.org] several years ago. I have completed my schooling and released some open source software, some of which has been used and cited.

    Copyright licenses generally protect holders from having others distribute their works in a way that they do not want. They do not place many restrictions on how the legally obtained work can be used. You might be able to use an end user license agreement that attempts to mandate citation & worse restrictions (such as not being able to publish software benchmarks) have certainly been imposed. Some authors even mandate registration before others can receive the source code & can then see who may be using but not citing their software. But I think this may actually be counterproductive & it certainly wouldn't be considered free software.

    Academic integrity necessitates describing your work accurately in such a way that others can reproduce it. To do this, others will need to say what software they used to obtain the results they publish & they should choose to cite you. This won't always happen, but it will probably happen more frequently than you or your advisor think. It is certainly valid to write or call other academics who you know use your program and ask that they cite your paper in the future. In extreme situations, you can send a note to the editor of the journal that considers such papers that didn't cite your work & most editors will err on the side of strongly encouraging authors to add a citation.

    Most other free/open source software that is used a lot in the sciences does not have a EULA of the type you subscribe, yet many are popular & are cited. They may have a FAQ entry or a mention in their README on what should be cited, but they don't try to make it legally binding.

    You should ask yourself why you want to release it as free and open source software. Presumably, you hope that others will use it (obscurity is a worse threat than piracy) & maybe even to help you improve it. You also probably want to obtain some kind of academic prestige (which can come not only in the form of citation, but also from name recognition of both the program and the authors of that software). The best way to get this to happen is to write a solid piece of work that can do something that other works that cost (financially, time invested, and responsibilities involved) the same or less can't do as well and that other people want to do. Use a standard FSF/DFSG/OSI license (such as the GPL) & trust that everything else will work out. Getting quirky will discourage use of your software.

  • You can state that the materials can be reproduced as long as the copyright note is maintained showing authorship.
  • You'll give the rest of us a bad name if you actually produce anything. Stop that.
  • Why not incorporate the paper and the code together in the forms of extreme commentary? That should strike an appropriate balance I would think.

  • The important thing to have cited is your results in your paper, not your software. Many academic institutions have been writing open source software for a long time, in fact many of the open source licensees that are used every day come from software that was developed in academic institutions. Things like MIT license, much of the motivation behind the GNU license, BSD, the list goes on. None of them require attribution.

  • I publish a paper on new research, I get priority, no amount of pissing about by other people removes that priority, regardless of what may be attempted.

    I am, and remain, the originator of that work, it cannot be patented by anyone else, or copyrighted, because my own work precedes that of any other. My permission must be sought, and even if given, cannot ever remove my priority.

    Further developments based on it may be copyrightable by others, but this again does not remove my priority on the original resear

    • As for code? Well I've used the GPL for all my research related code, and I've had no problems

      Why GPL? I would expect that when one is publishing academic research, one would want to license any accompanying code under a license that is as compatible as possible with whatever code other researchers are using. That would be something like BSD.

  • In any code I release, the comments at the top state which paper should be cited if this code is used. Academics are all smart enough to know that they should cite papers and code, so just make it easy by pointing to what you want the citation to say. Everyone of importance will cite your paper/code without issue.
  • Take a look at http://cran.r-project.org/doc/FAQ/R-FAQ.html#Citing-R

    Most papers to use R (or other statistical software) will in fact cite it. R makes this easy, by providing built-in citation strings. Do this, and well-behaved researchers will cite your software.

  • How about you talk to the lawyers your school keeps around for this kind of stuff? Since you're going to be obligated to follow whatever their rules are anyway, you might as well defer to them now instead of after their lawsuit.

  • Dude,
    Just go with the old BSD license. I believe you're looking at Clause 4, iirc.

  • > Also, it is not a restriction on use of the software per se...

    Yes it is, and with it your software will never be included in any major Linux distribution.

    BTW is your suoervisor actually the author of any of the software? If not perhaps you could keep him happy by attaching his terms to the copies of the software distributed with the paper and then release it under your preferred terms elsewhere.

    • Re: (Score:3, Informative)

      BTW is your suoervisor actually the author of any of the software? If not perhaps you could keep him happy by attaching his terms to the copies of the software distributed with the paper and then release it under your preferred terms elsewhere.

      As a student/researcher any work the OP did as part of his studies at the university would typically be considered by a court to be the copyright property of the university, at least in as much as they provided the resources (tuition, guidance, computer facilities, ac

  • Publishing Ethics (Score:3, Insightful)

    by DynaSoar (714234) on Saturday September 20 2008, @11:53AM (#25085725) Journal

    "...what do other academic Slashdotters do?"

    I always provide attribution because it's part of the rest of the ethics of science. But for code, don't expect everyone to continue to attribute the paper itself, just the source lab and university. We use the EEG system most common to labs like ours. Everyone mentions the vendor in their work, but nobody mentions the validation papers and review of same. Similarly, everyone mentions what statistical analyses they use, but hardly anyone would even know where to begin to find the original publications validating them. If the code becomes widely accepted, expect it to become commonplace enough that the lab and university get mentioned, but not the paper.

    And to be that widely accepted, you'd need to either provide ample validation in this publication, or better plan on doing a validation paper as a follow up. Enlisting similar labs for the latter would give your analysis more weight and them a worry-free pub, and everyone wins. If your analysis doesn't happen to be novel enough to warrant this (say, it's a mash up of previously known analyses) then your validation is reference of the sources, but it's not something you can expect much referencing to.

  • use the GPL (Score:3, Interesting)

    by osssmkatz (734824) on Saturday September 20 2008, @12:57PM (#25086241) Journal

    the GPL does have a detailed description of the attribution issue in their preamble. Asking for attribution on GPLed work as a condition of use is perfectly compatible with the GPL license.

    (The above refers to GPL v.2)

    --Sam

  • by klapaucjusz (1167407) on Saturday September 20 2008, @01:12PM (#25086327) Homepage

    Two points to keep in mind:

    • don't write your own license, use a well-known license that people already understand;
    • don't include an advertising clause.

    You may be able to convince your supervisor by citing the examples of BSD Unix and X11, which brought fame and money to their creators (the CSG at Berkeley, and project Athena at MIT) while using extremely liberal licenses -- the MIT/X11 license (which is what I use for my research) and the 4-clause BSD license, albeit with the advertising clause not being enforced.

    You may also want to cite the following anegdote. Two years ago, I was compiling a Linux LiveCD [jussieu.fr] for our first, second and third year undergrads. One of the pieces of software I wanted to include was a Prolog compiler from a well-known Portuguese university which we use in third-year courses.

    Unfortunately, the Prolog implementation was covered by a fairly strict license that would significantly complicate our distribution process. After a few exchanges of e-mail with the copyright holders, they told us that we were welcome to do whatever we wanted, but they'd not change the license for us.

    After consulting with our legal department, we decided we could not include the Prolog compiler.

  • by Antique Geekmeister (740220) on Saturday September 20 2008, @01:34PM (#25086511)

    It has to be worked out by you, your employer, your funding body, your university policies, and everybody's egos and lawyers. Any one of them can wind up preventing the sensible others from a sensible answer, especially federal regulatory policy on publicly funded research.

    I prefer to use GPL myself, and encourage my employers to do so. It's well documented, easy to follow, and there is now a reasonable body of case law to work with. Whatever you do, don't invent your own, special, unique license. Dan Bernstein did that, and it helped keep djbdns, daemontools, and djbdns from becoming default system components in any OS distribution that I've ever worked with, despite their technical advantages over most other such tools.

  • by NeverVotedBush (1041088) on Saturday September 20 2008, @04:22PM (#25087745)
    Since you are asking which license to publish under, it sounds like you haven't done this within the framework of whatever institution where you are working.

    It could very well be (probably be?) that the license you have to publish under is already set and that you are legally bound to follow it.

    Depending on who funded the research, there could be other restrictions and obligations as well.

    Certain funding institutions require there be no copyright at all, while others may have some agreement in place that you might violate if you don't investigate this first.

    Stuff like this is how you can lose funding - not just for yourself, but for the institution. And the legal issues, under the wrong circumstances, could end up haunting you.