Dual OpenStudio Application license and GNU GPLv3 Compliance
I was looking to use some code from the OpenStudio Application and have a question.
As I understand it, the OpenStudio Application code is dual licensed under its BSD style license and the GNU GPLv3.
https://github.com/openstudiocoalitio...
My question is about clause (4) of the OpenStudio Application's BSD style license.
(4) Other than as required in clauses (1) and (2), distributions in any form of modifications or other derivative works may not use the "OpenStudio" trademark, "OS", "os", or any other confusingly similar designation without specific prior written permission from Alliance for Sustainable Energy, LLC.
In addition to the requirements from clauses (1)-(3), which are almost the same as the standard BSD-3-Clause license, and the GNU GPLv3 license, do I need to alter "OpenStudio" and similar text in the code to comply with clause (4)? For example, changing from OpenStudio to ClosedStudio, like how Mozilla Firefox was changed to Debian Iceweasel.
Post Script
I know this is a legal question, which is hard to answer and I understand the legitimate reluctance, so I dug a little deeper myself. Not surprisingly, questions about trademarks and the GNU GPLv3, the BSD-3-Clause license, and other open-source licenses have come up before.
As I understand it, the OpenStudio code is dual licensed under the GNU GPLv3 and the OpenStudio license since OpenStudio uses at least one module of Qt licensed under the GNU GPLv3.
The BSD-3-Clause license is compatible with the GNU GPLv3 as the conditions of both licenses can be simultaneously satisfied.
https://www.gnu.org/licenses/license-...
The OpenStudio license is similar to the BSD-3-Clause license with an additional clause (4).
(4) Other than as required in clauses (1) and (2), distributions in any form of modifications or other derivative works may not use the "OpenStudio" trademark, "OS", "os", or any other confusingly similar designation without specific prior written permission from Alliance for Sustainable Energy, LLC.
The GNU GPLv3 Additional Terms allows adding trademark restrictions, so this should still be compatible.
you may [...] supplement the terms of this License with terms:
[...]
e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks;
However, it is a bit strange to put explicit trademark restrictions in the OpenStudio license since the BSD-3-Clause license is meant to be applied to code and trademark restrictions already exist without the additional clause (4).
Something that could be a problem for clause (4) of the OpenStudio license is nominative use of the trademarked OpenStudio name and logo. For example, a forked software satisfying all other legal requirements could have an About window that states the software is a fork of OpenStudio, having to use the text "OpenStudio" in the files and interface to refer to OpenStudio. Clause (4) could be incompatible with nominative use, and what would that mean for the enforcement and validity of the OpenStudio license?
https://google.github.io/opencasebook...
Another potential problem is the .osm file extension, which stands for OpenStudio Model. The ...
@Julien Marrec As a member of the OpenStudio Coalition, how has software that includes OpenStudio Application code complied with clause (4) in the past? Clause (4) seems to be a novel change to the standard BSD-3-Clause license, so no luck searching the internet on how to comply.
@Mitchal Dichter, I would suggest you contact the osc at openstudiocoalition.org (see https://openstudiocoalition.org/about... ) to discuss this. I cannot give legal advice whatsoever.
@Julien Marrec I know it's a long post, but at the end of it the OpenStudio code uses QtCharts, which is only available under Commerical and GPLv3, and not LGPL. https://doc.qt.io/qt-6.5/qtcharts-ind...
I created an issue on the OpenStudio github about the license issue. The use of QCharts means the OpenStudio code is GPL code, no dynamic linking to a nonexistent LGPL QCharts. https://github.com/openstudiocoalitio...