Works and intellectual property

project name

1) Preamble

The works are the fruits of the work's authors in a particular field, whether scientific, literary, artistic or any other related to the creation or the innovation. Authors of works that are generally related to a number of fields seek to present a particular product to achieve one or more goals: professional, personal, ethical, lucrative in the context of public or private use.

The works generally go through different phases that differ according to the types of works and the fields to which they are linked: An author of a book for example must fix the subject and the ideas of his book before beginning the other steps which are usually the recording of notes on parts, printing and publishing his book.

Just as an author of a software must also go through different stages before making available the software they produce: from needs analysis to design, development and production.

The authors are confronted to provide the different means and the tools necessary for the production and the promotion of their works, these means are diversified according to the circumstances of productions and the type of the work concerned and we can quote as example the technical, logistic, and temporal means. Hence, and in a pragmatic way, it can be seen that part of the authors' resources have been devoted to the production and the author finds himself investing in their works. Hence the presence of a moral part between the two parts: the author and his work that has existed since creation. This moral part qualifies as the intellectual property that must be preserved since the publication of the work concerned.

As soon as the work is presented to the users by its author, an inescapable mutual relation is created between the author and the users, this relation is translated by the use of the work with condition to respect the moral part named Intellectual Property of the author.Where the need for the presence of the legislative means which serve to regulate this relation under penalty of sinking against in any type of misuse which is designated by the name of violation and we speak often about violation of the right's authors or violation of intellectual property's authors.

This document is a fact sheet intended to present the main works and to collect the majority of information related to their intellectual properties in order to inculcate a culture on works and their rights of use, it is not an official document but can be taken as a point of entry for anyone committed to the field of creation and innovation and especially the world of information technology where it can be a preamble for IT developers who want to find informations related to computer software and their licenses.

2)Computer works

    2.1) Proprietary software
      2.1.1) Definition

The software is a series of instructions that allow a computer to perform multiple tasks, From a legal point of view, a software is therefore a work of the mind, with a title, authors and rights that are automatically associated with the work since its creation. It is a broad concept that contains source code, compiled code and may contain documentation.

      2.1.2) Freeware

A freeware is infrmatic software that is available for free use for an unlimited time. The author of a Freeware usually wants to offer something for the commonality, but it also wants to retain control for each future software development.

There are no usage charges and no trial period. Typically, the logicle author maintains ownership and copyright for the Freeware program and warrants the license for its use. The Freeware License Prohibits Software Modification and Sale for Others.

Exemple Freeware: Adobe PDF, Google Talk, yahoo messenger, MSN messenge.

      2.1.3)  Shareware

A shareware is a demonstration of software that is intended for free use for a specific period of evaluation. After the evaluation period, the shareware requires to validate the license for the software or to leave its use.

The term Shareware is a commercial software that is registered but copied for others to test it in condition to to pay it if they continue to use it.

Several companies develop their programs whose features and functions become disabled after 30 days. A pilot recalls that the evaluation period has expired and that it is necessary to pay the program.

Example Shareware : Winzip, Cuteftp, Ge

    2.2) Malwares

The word Malware is a simple malware, it is a general term used to describe all the Virus: Worm, Spyware and especially anything designated to cause the destruction of the computer and information.

      2.2.1) Virus

A virus is a program capable of replicating itself continuously with or without the intervention of the user. Typically, a kind of code capable of damaging the computer with file deletion or corruption. A virus can also interfere with the computer's operations through multiplication to fill the disk space or memory or secretly infect the computer. Generally viruses are disguised as games, images, emails attached, web links, shared files or files in instant messages.

      2.2.2) Worm (vers)

The worm is a type of virus that spreads in the computer by creating duplications in other disks, systems or networks. One particularity that makes worm dangerous is that they can send copies through emails, web pages and instant messages.

They use the network to spread to other computers, usually using security vulnerabilities to navigate from one station to another, often automatically without user intervention because they can spread quickly across the network to infect each computer in their journey.

Exemples of Worms.


  • Image by me,
  • Sysop,
  • I LOVE YOU who is being transmitted as an attachment email and has caused a lot of damage in many cases.
  • Code Red has infected several websites.
  • SQL Slammer has slowed down the complete internet for a short time.
  • The worm "Blaster" forces the computer to reboot repeatedly.

      2.2.3) Spyware

Spyware is software installed in the computer that collects information without knowledge, and sends background information to the creator. So he can use personal information for unspecified purposes such as:


  • The recording of passwords and the usual searches carried out,
  • change browser home page or search pages,
  • Adding obnoxious toolbar to browsers,
  • Theft of passwords and bank card numbers.

      2.2.4) Adware

Adware is software that is once installed on a computer, draws the internet connection and sends popups that contain advertisements related to the topics visited web sites . Although this type of software is innocent and useful, it consumes and slows down the processor speed of the computer and the internet connection. Additionally some Adware have keyloggers and spywares included in the designated program to damage the computer and spy on private data.

      2.2.5) Scareware

It is a relatively new type of attack, where the user is deceived during the download and confuses it with the Antivirus. He continues to inform that the computer is infected with viruses and can only be cleaned with the payment of full license. Of course this Scareware application is only a kind of Malware that infects the computer until the ransom payment. In the majority of cases they can not be uninstalled or use the PC.

      2.2.6) Trojan horses

A trojan horse is an application that seems to do something useful but secretly it has a malicious code that does something else. In some cases the torjan horse creates rear doors that allow the computer to be controlled remotely. The major difference between a Virus and a Torjan Horse is that those lasts do not replicate.

    2.3) Free Software

Free software is defined as "software distributed with all of its source programs, so that all users who use it can enrich and redistribute it in turn. Free software is not necessarily free and authors' rights are preserved. The software program, including its source code, can be executed, copied, distributed, studied, modified, improved by all and for the benefit of all.

Richard Stallman formalized the concept of free software in the first half of the 1980s and popularized it with the GNU Project and the Free Software Foundation (FSF).

The Free Software Foundation (FSF), an American non-profit organization founded in 1985, associated with the free software movement, is at the origin of the four rules defining free software.

According to the FSF to be qualified as free software, the user must have four essential freedoms :


  • 1. The freedom to run the program as you wish, for any purpose.
  • 2. The freedom to study the operation of the program and to modify it in order that it performs its computer tasks .
  • 3. The freedom to redistribute copies, thus helping another user.
  • 4. The freedom to distribute to others copies of its modified versions: by doing so, the user gives the entire community an opportunity to take advantage of its changes.

"Free software" does not mean "non-commercial". Free software may be available for commercial use, commercial development and commercial distribution. For example, you may have paid to obtain a copy of free software or you may have obtained it for free. But no matter how you've procured it, you still have the freedom to copy and modify this software and even sell copies of it.

      2.3.1) Free Software Fondation

The Free Software Foundation, also known as the FSF, is a non-profit organization that promotes the freedom to study, distribute, create and modify software, founded by Richard Stallman in 1985.

The FSF is sponsoring the GNU Project - the ongoing effort to provide a fully licensed operating system as free software. It also funds and promotes the development of free software and provides development systems for GNU software developers.

The FSF advocates publishing software under a copyleft license. In the mid-1990s, the FSF mainly employed developers to write free software for the GNU project. Since this date, his staff and volunteers have spent most of their time working on legal issues for the free software community.

      2.3.2) Authors contributing to Free Logic

Richard Matthew Stallman: born in Manhattan, also known under the initials rms, is a programmer and activist of free software. Initiator of the free software movement, he launched, in 1983, the GNU project and the GNU General Public License also known by the acronym GPL. He popularized the English term "copyleft". A renowned programmer in the US and international IT community, he has developed many software programs, the most well-known of which are the GNU Emacs text editor, the GNU C compiler (GCC), the GNU debugger (gdb) but also, collaboration with Roland McGrath, the GNU Make production engine.

      2.3.3) Free Software and Project GNU

The GNU project is the collaborative development of a GNU OS operating system, an alternative operating system to UNIX. The GNU project is started by Richerd Stallman, the founder of Free software foundation (FSF) in January 1984. The recursive acronym of GNU represent the phrase "GNU's Not UNIX". In the context of the GNU project, Free Software returns to freedom, identified with the freedom to use, copy, distribute, study, modify and improve the software.

GNU is an operating system consisting entirely of free software. It was launched in 1983 by Richard Stallman (rms) and was developed by many people working together to give all software users the freedom to control their computing. On a technical level, GNU is generally similar to Unix. But unlike Unix, it gives users the freedom.

The name "GNU / Linux" was first used by Debian in 1994 for the name of their Linux kernel-based operating system distribution and GNU software.

      2.3.3 Unix(Uniplexed Information and Computing System)

UNIX is a family of operating systems, the first of which was designed at Bell Laboratories (Bell Laboratories). It's a pretty old system, used for both big computers and smaller ones.

        2.3.4.1) Contributors to UNIX

  • Ken THOMPSON:
  • Dennis RITCHIE:
  • Brian Kernighan:
  • John Reiser:
  • Tom London.:

        2.3.4.2) Dev Unix process

In this, a brief overview of the development history of UNIX .


  • 1960: Creation of Basic Combined Programming Language (BCPL) at the University of London and Cambridge,
  • 1967: Dennis Ritchie works at Bell Laboratories,
  • 1968: Ken Thompson participates in Multics Systems Dev (Cambridge Multiple Access System) and GE 645,
  • 1969: Thompson and Ritchie: produce the first edition on a PDP 7,
  • 1970: Fork and 2nd Edition dubbed UNICS (Uniplexed Information and Computing System) by Ken Kernighan,
  • 1971: 3rd Edition on PDP 11/20,
  • 1973:4th Edition of UNIX in C language,
  • 1975:6th Edition of UNIX: marketed by AT&T,
  • 1977:
  •   New version for an Interdata 8/32 computer,
  •   John Reiser and Tom London will write UNIX 32V for VAX 11/780 ==> Used by the University of California Berkeley (UCB),
  •   Multiplication of unix versions:
  •     BSD4.2 from Berkeley,
  •     IBM AIX,
  •     Domain / IX of Apollo Computer,
  •     SunOS from Sun Microsystems,
  •     Xenix from Microsoft,
  • 1983:AT&T Product System V Different from Berkeley Version,
  • 1984: AT&T is subdivided (Baby Bells) and produces product version 2 of System V,
  • 1986: AT&T produces System V version 3,
  • 1987:Two versions of UNIX:
  •   System V 5.3 from AT&T,
  •   BSD 4.3 from Berkeley,
  • Open Software Foundation (OSF) movement that includes IBM, Hewlett-Packard, BULL, SIEMENS and Apollo to produce a competitive version of UNIX,
  • GNU Project Launch (GNU's not UNIX).

        2.3.4.3) Used machines

  • PDP 7 (Programmed Data Processor) from Digital Equipment Corporation (DEC),
  • PDP 11/20,
  • VAX 11/780,
  • Super Computers (Cray),
  • The minis (VAX, HP),
  • Workstations (HP, Apollo, Sun, SGI, ...),
  • GE-635 and GE-645 General Electric,
  • CTSS multi-user system (MIT in 1960),
  • Honeywell-6180 (until 1986 Honeywell International Inc),
  • RSX-11,
  • IST

        2.3.4.4) Organizations that have invested in UNIX

  • Massachusetts Institute of Technology (MIT) of General Electric,
  • Honeywell International Inc purchased by General Electrics,
  • Bell Laboratories (Bell Labs) of A & T (Since 2016, part of Nokia's research and development department.),
  • IBM,
  • Hewlett-Packard,
  • BULL,
  • SIEMENS,
  • Apollo,
  • Sun,
  • HP,
  • SCO Group (Santa Cruz Operation Group),
  • Digital Equipment Corporation,
  • SGI,
  • Compaq,
  • Apple,
  • Commodore International for the Amiga.
        2.3.4.5) Programming used languages 

  • IBM PL / I Programming Language,
  • The IBM Fortran language,
  • BCPL (Basic Combined Programming Language) developed at MIT,
  • Bell Lab Language C.
        2.3.4.6) Derivatives from UNIX

  • BSD4.2 from Berkeley,
  • A / UX from Apple Computer,
  • HP-UX from Hewlett-Packard,
  • Domain / IX of Apollo Computer,
  • System V AT&T,
  • XENIX from Microsoft,
  • AIX, developed by IBM, whose first version 1986 was based on version 2 of System V,
  • Solaris (called SunOS until 1991), developed in 1981 by Sun Microsystems on the basis of BSD. In 1992 released Solaris 2
  • Version based on Version 4 of System V (SVR4),
  • HP-UX, based on System III, developed from 1982 by Hewlett-Packard,
  • Ultrix, developed by DEC. The Ultrix-11 version, intended for machines of the PDP-11 family and released in 1991, The Ultrix-32 version, intended for machines of the VAX family, is essentially based on BSD,
  • IRIX, developed by SGI since 1987,
  • UnixWare, descendant of SVR4, developed by Novell and resold to SCO Group,
  • SCO Group UNIX, based on XENIX and System V developed by Santa Cruz Operation and Compaq which was acquired by Hewlett-Packard. The first version is released in 1983,
  • Tru64, based on a version of the Mach 2.5 microkernel made by the Open Software Foundation (OSF) consortium. It was first developed under the name OSF / 1 then DEC UNIX by Digital Equipment Corporation, Compaq and finally Hewlett Packard,
  • Tru64, based on a version of the Mach 2.5 microkernel made by the Open Software Foundation (OSF) consortium. It was first developed under the name OSF / 1 then DEC UNIX by Digital Equipment Corporation, Compaq and finally Hewlett Packard,
  • A / UX, a Unix developed by Apple, compatible with Mac OS,
  • Amiga Unix, developed by Commodore International for the Amiga 3000UX.

      2.3.5) Linux

Linux is the most popular open source system name, however it is the name of the kernel written in 1991 by Linus Trovalds, a student at University of Helsinki, Finland. At this time the GNU project lacks a functional core that allows it to build a complete operating system. Thanks to the sharing of the program with the world by Torvalds, the kernel is combined with the rest of the GNU programs forming a complete operating system that the FSF has named GNU / LINUX.

Trovalds' decision to make the kernel available for free has given each person the ability to create their own operating system through the merge between the kernel and other necessary programs..

Linux or GNU / Linux is structured in similar distributions as BSD and its cousins (FreeBSD, NetBSD and OpenBSD).

Some companies cooperate in an unprofitable context like the case of Debian or Slackware. There are other trading companies like Red Hat, SuSE, Mandrake that have managed to establish a business through the sale of the GNU / LINUx distributions prepared by themselves.

        2.3.5.1) Author and Contributor to linux

Andrew Tanenbaum: American professor settled in the Netherlands, developed a minimal operating system, called Minix in the mid-1980s0.

Linus Torvalds: Finnish student decided to design in 1991 an on the model of Minix an operating system capable of running on architectures based on Intel 80386 processor. The kernel, which was then at the experimental stage, had to be generated on a Minix system.

        2.3.5.2) Linux derivatives
  • Debian: A volunteer-only organization whose goal is to develop free software, launched in 1993 by Ian Murdock, it now serves as a base for many other distributions including Ubuntu or SteamOS,
  • Ubuntu: Distribution launched by Canonical in 2004, founded (and funded) by South African entrepreneur Mark Shuttleworth, uses Unity desk manager,
  • Linux Mint: Started in 2006, based on Kubuntu, the distribution adopts Ubuntu for its development, it uses the Cinnamon desktop environment,
  • Red Hat Enterprise Linux : Is a distribution managed by the company Red Hat, It a linux version geared towards business,
  • Fedora:It was created by Red Hat to be a community GNU / Linux distribution,
  • CentOS:Managed by Community Enterprise Operating System, it is a linux distribution to the servers, all these packages are compiled from the sources of the RHEL (Red Hat Enterprise Linux) distribution,
  • Mandriva:Mandriva Linux (formerly Mandrakelinux) is an operating system developed by Mandriva from 1998 to 2012. Targeting both the general public and professionals, this GNU / Linux distribution is built around the KDE graphical environment,
  • SuSE: Distribution appeared at the beginning of 1994 by SUSE (acquired by Novell) and oriented towards the commercial market and corporate servers,
  • OpenSuse: It is a community distribution supported by SUSE (bought by Novell) and other sponsors. Uses the KDE or Gnome desktop environment,
  • Puppy Linux: This ultra-light distribution is designed to work on very old machines or weaker recent PCs, uses the Openbox window manager,
  • Elive:A distribution managed by one person, it is based on Debian ,
  • Emmabuntüs: based on the stable version of Debian and the XFCE desktop environment, Light and easy to use, it allows to give a second wind to old computers,
  • Slackware: Slackware is a GNU / Linux distribution that, unlike other popular distributions, has long been maintained by one person. It is known to best follow the "Unix philosophy" and seek stability of applications,
  • Gentoo: Managed by the company Gentoo Foundation since 202, it is a so-called source distribution of GNU / Linux. It has been designed to be modular, portable and optimized for the user's hardware. Thus, most of the programs will have to be compiled from the source code,
  • Caldera: Is a linux distribution Developed by Caldera Systems (now SCO Group) since 1997,
  • Arch Linux: It is a linux distribution where everything works in command line so basic knowledge about GNU / Linux systems is recommended,
  • OpenWrt: It is a minimalist GNU / Linux distribution for embedded hardware such as Broadcom System-on-Chip based consumer routers (Belkin WLAN Routers, TP-Link, Linksys).
      2.3.6) Free software example

Mozilla Firefox : is a free and free web browser, developed and distributed by the Mozilla Foundation with the help of thousands of volunteers based on the development methods of free / open source software and the freedom of the source code. Firefox is originally a program derived from Mozilla software (now known as SeaMonkey),

GIMP:(GNU Image Manipulation Program) is a tool for editing and image editing, released under the GPLv3 license as a free and open source software. There are versions for most operating systems including GNU / Linux, OS X, and Microsoft Windows,

VLC:Media Player is a free media player from the VideoLAN project. This software is multiplatform since it runs on Windows, all GNU / Linux trends, BSD, OS X, iOS, BeOS, Solaris, Android, QNX and Pocket PC,

LibreOffice :is an integrated office, a software consisting of a set of modules that can interact with each other to create and modify office documents, such as formatted texts, tables of figures, presentations, drawings,

FFmpeg: is a collection of free software for the processing of audio or video streams (recording, reading or converting from one format to another),

eSpeak is a compact open source speech synthesis software that allows you to create artificial speech from any text, running on Linux, Windows, Mac OS and other platforms,

F-Droid:(Android FLOSS repository) is a free application store for the Android operating system (based on the Linux kernel). He is promoted by the European branch of the Free Software Foundation(FSFE),

Sailfish OS:Is an operating system for mobile platforms, based on the Linux kernel and developed by the Finnish company Jolla. Jolla and Sailfish OS were created by a former Nokia team that worked on the Nokia N9n,

K3b:Is a CD / DVD burning software running on GNU / Linux operating systems and other Unix systemsn

SMPlayer:is a free multimedia player for Windows and Linux with built-in codecs that can play virtually any video and audio format. It does not need any additional codecs. Install SMPlayer with ease and you'll be able to instantly play all audio and video formats without having to search for and install additional codecs.

AbiWord:Is a word processor for the Unix, Windows and BeOS platforms launched in 2002 and distributed under the GNU GPL v2.0 license.

Framapad:Is an online word processing service (a sort of very simplified Word), collaborative (close to Google Drive), but based on the free application EtherPad,

Vim:Is a text editor, it is a software that allowing the manipulation of text files. It is directly inspired by vi (a popular editor on UNIX-like operating systems), of which it is the most popular clone,

Blender:Is free 3D modeling, animation and rendering software, created in 1995. It is currently being developed by the Blender Foundation.

    2.4) Open Source
      2.4.1) Definition of Open Source

Open source means that the software is distributed free of charge with accessible source code that can be modified and improved by anyone. The open source movement is made by formal and informal groups of individuals in favor of using open source software licenses.

It is software whose source code is available for use by each person. It does not have a restriction license that limits its use, modification or redistribution, it always has a restriction that preserves its open source status and controls its development.

According to the Open Source Definition that is defined by OSI, Open Source is a license that verifies the following 10 criteria :


  • 1 The free redistribution of the software (without cost of license therefore),
  • 2 The source code must be provided or accessible,
  • 3 The integrity of the code must be preserved (a third party can not appropriate the work of another and the contributions of each one are clearly attributed),
  • 4 No discrimination between people or groups,
  • 5 No discrimination between people or groups,
  • 6 No discrimination between fields of application (the license must not be a political instrument),
  • 7 The license applies without depending on other contracts (for example, it can not be linked to a non-disclosure agreement),
  • 8 The license must not be specific to a product (it is attached to the code, not to the software as a product or project),
  • 9 The license must not restrict other software: the license must not impose restrictions on other software distributed with the licensed software. For example, the license must not require that all other programs distributed on the same medium be open source software,
  • 10 The license must be technologically neutral: no provision of the license may be based on an individual technology or an interface style.

      2.4.2) Open Source Initiative

The Open Source Initiative is an organization dedicated to promoting open source software. Born in 1998 from a split in the free software community to drive a policy deemed more adapted to economic and technical realities, the open source movement defends the freedom to access to the sources of the programs, in order to succeed to a software economy dependent on the sale of services and no longer to user licenses.

One of the first moves is to change the terminology of "Free software" to "Open source software" to explain the importance of Open Source in the economic view. Secondly, OSI began offering Open Source Certificates to promote the standardization of open source licenses.

Among the applications of the open source, we count its contribution to the development of the Linux kernel and software animated by this operating system.

In 2005, several thousand computer scientists in France are salaried based to this model, both in small companies selling specialized services in a "big integrators" and users companies. In addition, industry giants (IBM, Novell, HP, etc.) are deploying some of their technical and commercial strategies on the open source approach.

      2.4.3) Authors contributing to Open Source

Bruce Perens: (born about 1958) is a former Debian project leader, the first to succeed founder Ian Murdock, and a co-founder of the Open Source Initiative. He holds the Open Source Initiative Mark.

Eric Steven Raymond (born December 4, 1957 in Boston, Massachusetts, United States), is a famous American hacker to whom one must notably the popularization of the term open source as opposed to free software (or free software). He is the author of the book The Cathedral and the Bazaar which summarizes his points of view on this subject.

      2.4.4) The Fork

The fork is the creation of a new project using the source code of an existing project. One of the probing examples is the number of Linux distributions that exist, many of which were born from divergences during the development of existing ones. This is notably the case of Debian, which was forked to give birth to Ubuntu, which in turn saw the birth of a Linux Mint branch, as well as LibreSSL, which was forked by the project's founder OpenSSL project OpenBSD.

      2.4.5) Practical case working in an Open Source Project

Working in an open source project is now an activity that can attract many people who want to work with a public community around the world.

For an IT developer who wants to launch an open-source project, simply put it in public in a hosting center like GuitGub or Source-Forge, accompanied by a software license.

By convention, it is preferable to use licensing models that are already created and certified by global organizations such as the FSF or OSI or create by companies working on open source projects.

And we can cite for example the GNU GPL licenses, LGPL, MIT, BSD, Apache license, Mozilla License. However, it is preferable to register the software concerned in a dedicated organization to guarantee the moral rights of the original authors.

Project contributors must sign a Contributor License Agreement (CLA), a legal document, prior to participating in Open Source projects.

      2.4.6) Examples of Open Source projects

Wikipedia :Wikipedia is an online encyclopedia project, universal, multilingual and working on the principle of wiki. All texts available on Wikipedia are distributed under the terms of the Creative Commons License and the GNU Free Documentation License (GFDL).

Jquery: jQuery is a free and multiplatform JavaScript library created to facilitate client-side scripting in the HTML code of web3 pages. The first version is launched in January 2006 by John Resig. It's a free open-source that uses the permissive license MIT License.

Drupal : Drupal is a free and open-source Content Management System (CMS) released under the GNU General Public License, and written in PHP, distributed under the GNU General Public License.

WordPress :WordPress is a free, open source and open source content management system (CMS). The license under which the WordPress software is produced is the GPLv2 (or later) of the Free Software Foundation.

Thème Wordpress

Pluguin Wordpress

Debian which has been forked to give birth to Ubuntu,

Linux Mint who was forced from Ubuntu.

LibreSSL a forked digit solution from OpenSSL.

    2.5) Difference between Open Source and Free software

Although the two movements "Free Software" and "Open Source" have a lot of similarities, these two movements are not exactly the same.

The term "free software" refers to the freedom for users to execute, copy, distribute, study, modify and improve the software, it is Richard Stallman who formalized the notion of software free during the first half of the 1980s, then popularized with the GNU Project and the Free Software Foundation (FSF).

The term "Free Software" refers to freedom, not price. To understand the concept, one must think of "freedom of expression", not "free entry". "Free software" does not mean "non-commercial". Free software may be available for commercial use, commercial development and commercial distribution, for example, you may have paid for a copy of free software or you may have obtained it free of charge. But regardless of how the software is procured, we still have the freedom to copy and modify this software and even to sell copies.

In 1998, a group of people advocated that the term "Free Software" be replaced by "open source software (OSS)" that he found less ambiguous and more relevant to the business world than "Free Software".

The essential difference between these two movements lies in the fact that for the Free Software Foundation, the entire result of a modified software must be redistributed as free software (with the same rights as when it was acquired). Thus for the "libristes", the free software is a finality, a philosophy that insists on the benefit provided to the user in terms of freedoms.

Whereas for OpenSource free software is only a means, an advantageous method of development (a software developed on the free software model is technically better than a software develop internally).

So, in practice, the differences of meaning between the two software types are not great, but they lead to differences in attitude, terminology, and the specific use of the terms of the license. One of the reasons for the difference in terminology is that "Free" is ambiguous in English. F.S.F. explained that it means, "free as in free speech, not free beer" (free as freedom of expression not as free beer). To counter this, the French term unambiguously: "Free" can be added in Floss: Free (Open Source Software).

In addition to these software licenses, there are several licenses for documentation and other content, including the GNU Free Documentation License (GFDL) and the various Creative Commons licenses. FLOSS Manuals uses the free GPL license for all of its work.

    2.6) Intellectual property

Intellectual property is a work that is not a tangible object. Intellectual property usually comes from creativity and could be a manuscript, a formula, a song or a software. By Law, Copyright, Trademarks, Trade Secrets and Patents Protect Intellectual Property.

When you want to protect IP software, a copyright and a patent offer legal protection. Some people prefer one or the other, while others prefer both. Alternatively, you can choose to treat your software as a trade secret.

Trademarks are another option, but they do not protect the code of your IP software. What they protect is the name of the software or symbol that you use to advertise the software.

      2.6.1) Protecting software by copyright

The Copyright Act defines copyright as follows: "The original works of the authors are fixed on any medium of tangible expression". Thus, the way you express an idea, such as a work of fiction or software in code form, under copyright.

An official copyright registration is easy to obtain and does not cost you much. This can cost as little as 35$ and takes only about four months. The copyright will last 95 years after the first publication of the work, or 120 years after its creation, whichever comes first.

Some programmers are worried about sending the code to the US Copyright Office. If it is at the Copyright Office, you may be concerned that your competitors may consult and make copies of it. However, you only need to send the first 25 pages and the last 25 pages to identify your software.

      2.6.2 Protecting software with a patent

Unlike copyright, patent law protects the invention itself. In this way, someone can not create software with a different code that does exactly the same thing as your software. But the patent does not protect your specific lines of code against plagiarism, unlike copyright.

The patents last 20 years after the day you receive them. Then the work goes into the public domain.

      2.6.3) Use of contracts and licenses
        2.6.3.1) Eula (End-User License Agreement)

A software license is a legal instrument governing the use or redistribution of software, all software is protected by copyright, in the form of source code or object code, the only exception is domain software public.

In proprietary software, an end-user license agreement (Eula) or a software license agreement is the contract between the licensor and the buyer, establishing the right of the buyer to use the software, It is usually long and written in very specific legal language.

Both copyrights and patents have limitations on the protection of IP software. To fill the gaps, many people use contracts and license agreements.

        2.6.3.2) Open Source Licenses
          2.6.3.2.1) Copyleft licenses
            2.6.3.2.1.1) GNU GPL (GNU General Public License)

The GPL implements the concept of copyleft, an English word game referring to the concept of copyright that can be transposed into French by speaking of "Left of author" by reference to the Copyright. However copyleft is not the antithesis of copyright, on the contrary, since the former is based on the second. Thus both copyleft and copyright define and frame user rights in a binding way. The mechanism is the same, but the objectives are different: the copyright guarantees exclusively the rights of the author, the copyleft pays particular attention to the rights of users, and aims to preserve the freedom to use, study, modify and to distribute the software and its derivative versions.

The GPL license indeed requires to redistribute the entire program with its complete sources under the same license when part of the code used is from a program under GPL license. The GPL is said to be hereditary because programs derived from one or more GPL programs inherit this feature.

            2.6.3.2.1.2) GNU Lesser General Public License

Described by the FSF as a license that is not strong copyleft, the main feature is to allow linking with proprietary programs, It is designated to cover the software libraries that is a collection of functions and data prepared to be linked to programs to form executables. The LGPL license allows binding to the library without changing the source code license.

            2.6.3.2.1.3) Mozilla Public License (MPL)

The Mozilla Public License (or MPL) is a free license created by Netscape upon the release of the source code of what was to become Netscape Communicator 5 in March 1998. This will form the basis of the Mozilla Project, who still uses MPL today in version 2.0. In the case of the MPL license, however, if changes to a file under MPL must be made public, this is not necessarily the case for other files added to the program. MPL and other licensed and proprietary files can be combined into the same software, and only changes made to MPL-licensed files should be published under this license.

            2.6.3.2.2)  Permissive licenses
            2.6.3.2.2.1)  Apache License

The Apache license is a free and open source software license. It is written by the Apache Software Foundation, which applies it to all the software it publishes. There are several versions of this license (1.0, 1.1, 2.0). This license is not copyleft. The main features of the Apache license are, on the first hand, to allow the modification and distribution of the code in any form (free or proprietary, free or commercial) and, on the other hand, to oblige the maintenance of the copyright when making any changes (and also the text of the license itself).

The apache license authorizes to produce the licensed program in source or object code format and it is possible to publish the modifications or derivative works in a different license.

            2.6.3.2.2.2)  Licence MIT

The license MIT or license X11 is a license of software used in particular for the diffusion of the window manager X11 (or X Window System). It is also called MIT License because it comes from the Massachusetts Institute of Technology (MIT), but the name is misleading because MIT also uses other software licenses.

It is a free and open source software license, not copyleft, thus allowing to include modifications under other licenses, including not free.

The license gives any person receiving the software the unrestricted right to use, copy, modify, merge, publish, distribute, sell and change its license. The only obligation is to put the authors' names with the copyright notice. The most pupulaure projects that use the Mit license: Angular.js, jQuery, Rails, Bootstrap.

            2.6.3.2.2.3)  Licence BSD

The Berkeley Software Distribution License (BSD) is a free license used for software distribution. It allows to reuse all or part of the software without restriction, whether it is integrated in free software or proprietary.

The original version of the BSD license included a particularly restrictive advertising clause that required the mention of copyright in any advertising or document provided with the software, which could cause some problems when using a large number of components under this Licence. The new version of this license no longer contains this advertising clause.

It is invented by the University of Berkeley to be applied in the BSD operating system. It is modified and adapted for use by the developers of FreeBSD, NetBSD, OpenBSD. It is the third most popular license after the GNU GPL and the GNU LGPL.

The BSD allows the use in source or binary format with or without modification, the license obliges to retain the origins of copyright. Additionally the use of the author's name to promote derivative products is prohibited without permission. BSD has two major closures: Clause 2 and Clause 3 which offer more flexibility than the Apache 2.0 license.

In the case of using a BSD license, the absence of copyleft is total: neither the added files nor the modifications must be made public, only the name of the initial source must be mentioned.

Popular projects that use the BSD license are Go, Pure.css.

          2.6.3.2.3)  Data Sharing Licenses
            2.6.3.2.3.1) Creative Commons

Lawrence Lessig founded Creative Commons (CC) in 2001 to create a series of easy-to-understand copyright licenses for online creations. These licenses established the concept of "certain reserved rights".

The basic Creative Commons license is CC Attribution. It allows all copies, modifications and redistributions (even commercial), provided that the original author is attributed (without validation implication). Working under CC Attribution is essentially free. The CC Attribution License can be extended to CC Attribution-ShareAlike. The same rules apply, except that all derivative works must be licensed in the same way. This distinction ensures that any resulting work remains free. Wikipedia uses this license for his text.

Here are the other four most used Creative Commons licenses:


  • CC Attribution-NoDerivs. Redistribution is allowed, provided the attribution is given and no changes are made.
  • CC Attribution - Non Commercial. Everything is allowed with attribution, provided that it is not done commercially.
  • CC Attribution-NonCommercial-ShareAlike. As above, but the derivative work must be under the same license.
  • CC Attribution-NonCommercial-NoDerivs. Redistribution is permitted for non-commercial use and without any modifications.

As you can see, the Creative Commons license has six separate versions, all of which must at least be attributed to the copyright holder. You must attribute by citing the title of the work, the copyright notice, the name of the author and the name of the license. for example.

If the original work contains a copyright notice, it must be left intact. Otherwise, you are free to assign appropriately. Also, link to work and license if possible. Inform the author is courteous but not obligatory..

Creative Commons licenses are clear and legible. As mentioned, Wikipedia uses Attribution-ShareAlike. Flickr allows users to easily select one of the CC licenses and is an excellent source of photographs for your projects. You can even search on Google for Creative Commons content.

            2.6.3.2.3.2) “Fare Use” 

"Fare Use": Fair use ("reasonable use" or "acceptable use") is a set of rules of law, of legislative and jurisprudential origin, which provide limitations and exceptions to the exclusive rights of the author on his work (copyright). He tries to take into account both the interests of the beneficiaries's copyright and the public interest, for the distribution of creative works, by authorizing certain uses.

It allows legally authorized use of copyrighted material without prior permission and without paying a fee for specific purposes such as comments, reviews, news reports, scholarly research or teaching. The idea of fair use was born originally for written works. But with the advent of digital technology and the Internet, fair use has sometimes been applied to the redistribution of musical works, photographs, videos and computer programs.

The limits of fair use are not always clear. It may include the reproduction of a song or photo to be offered to a single parent or friend. If you intend to make a profit by reproducing and reselling a protected work in whole or in part, that does not normally constitute fair use. Other factors include the size or extent of the passage or material reproduced, the duration of use of the material, the number of copies of the reproduced work to be distributed and the effect of the use on the market value. of the original copyrighted work.

            2.6.3.2.3.3) The "Public Domain"

In intellectual property law, the public domain refers to all works of the mind and knowledge where the use is not or no longer restricted by law. The public domain is all works and all other elements that are not (or no longer) protected by any intellectual property right. It usually consists of non-protectable works or elements, or whose protection has expired. For example, copyright works fall into the public domain 70 years after the death of their author.

      2.6.4)  Practical case for the protection of intellectual property

According to the Berne Convention, the protection of authors' rights is automatic since the creation of the work by its author and as soon as the work is transformed into an original and tangible form, an author of a video, a image or software for example, automatically owns the property of his work and he is the owner of his work and has the necessary rights to modify, publish or offer the work concerned.

However, it is important to initiate a legal process to force copyright protection against unlawful infringements that may affect the state of the work and that cause the copyright infringement to be original. reproduction, unauthorized distribution ... etc.

The legal procedure for forcing the protection of intellectual property is to register the work concerned with one of the frequently known protection organizations:


  • In France: Submit your creation to a ministerial officer (notary or bailiff) or Send your work in envelope to the INPI (National Institute of Industrial Property)
  • At the European level: the EPO (European Patent Office) also called EPO (European Patent Office)
  • At the international level: WIPO (World Intellectual Property Organization) or US Copyright Office (United States Copyright Office)

Once the work is registered with one of these organizations, the author will have evidence that can justify the copyright validity of the work in case of an illegal infringement.

    2.7) Conventions and Laws for Intellectual Property
      2.7.1) Bern Convention

The Berne Convention was created in 1886 is a diplomatic treaty that lays the foundation for the international protection of works. It stipulates that each member state must recognize the copyright in works of other countries and that it extends the same rights to foreign works as those of its own citizens. It also establishes a minimum standard of protection for copyright owners. To date, 164 countries have signed this agreement.

This treaty, of which contracting parties (signatory countries) are 184. It is currently managed by the World Intellectual Property Organization (WIPO), a specialized agency within the United Nations.

The convention is open to all states. Instruments of ratification or accession must be deposited with the Director General of WIPO.

Licenses may be limited to certain jurisdictions. Thus, even though something may be free in one country, the copyright owner may reserve all rights in other countries.

   2.7.2) Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) is a US law enacted in 1998. The purpose of this text is to provide a means of combating copyright infringement. It aims to establish intellectual property legislation adapted to the digital age. Among the provisions contained in the text, there is the possibility of explicitly prohibiting the circumvention of technologies used to protect copyrighted material. Thus, the law prohibits the diversion of a protection against the copy, but also the distribution or the provision of processes which allow this diversion. It has prohibited the republication of copyrighted information by downloading or sharing files such as music, movies or software.

In particular, we are witnessing the censorship of search results on Google and the closure of the Megaupload site on January 19, 2012.

Today, major US hosts of websites, blogs and forums such as Google, MSNGroup, Blogger, Tumblr, Wordpress and Yahoo! complete an online DMCA to simplify and expedite the filing of a complaint. If the complaint of the injured author is confirmed, the pages concerned are either removed or the concerned blog having violated the copyrights is closed.

Its European equivalence is the EUCD and the transcription in France is the DADVSI law, which was adopted on 1 August 2006.

    2.8) Intellectual Property Defense Organizations
      2.8.1) The Business Software Alliance (BSA)

It is an association of leading proprietary software manufacturers, such as Microsoft and Adobe, whose main purpose is the fight against software counterfeiting.

      2.8.2) Canadian Alliance Against Software Theft (ACCVL)

It is a Canadian trade association whose mission is to "reduce piracy". It was founded in 1990.

      2.8.3) Entertainment Software Association (ESA)

The Entertainment Software Association (ESA) of the United States, also known as the Entertainment Software Association of Canada, is an association dedicated entirely to the business and public relations needs of companies that produce video games for personal computers, game consoles, mobile devices, and access and control of relevant Internet content.

      2.8.4) Federation Against Software Theft (FAST)

The Federation Against Software Theft (FAST) is a nonprofit organization created in 1984 with the aim of eliminating copyright infringement on software in the UK. FAST was the first anti-piracy organization in the world to work for copyright protection of software publishers.

      2.8.5) International Intellectual Property Alliance (IIPA)

The International Intellectual Property Alliance (IPAI), established in 1984, is a private sector coalition of seven professional associations representing US companies producing copyrighted material, including software, television programs, music, books and magazines. print media). It seeks to strengthen international copyright protection and respect by working with the US government, foreign governments, and private sector representatives.

      2.8.6) Copyright Alliance

Copyright Alliance is a non-profit, non-partisan organization representing creative artists in a broad range of copyright disciplines.

      2.8.7) National Agency for Information Systems Security (Anssi)

The National Agency for the Security of Information Systems (ANSSI) is a French service created by decree in July 20091. It provides a service for monitoring, detection, alert and response to computer attacks, particularly on networks of State.

      2.8.8) National Union of Phonographic Publishing (SNEP)

The National Union of Phonographic Publishing (acronym SNEP) is a French inter-professional association that has been defending the interests of the French phonographic record industry since 1922. Its head office is located at 14 boulevard du Général Leclerc in Neuilly-sur-Seine.

      2.8.9) The National Institute of Industrial Property (INPI)

The National Institute of Industrial Property, abbreviated as INPI, is a French public institution of an administrative nature, under the supervision of the French Ministry of the Economy, Industry and Digital. He is based in Courbevoie, in the Hauts-de-Seine. Since September 2018, its managing director is Pascal Faure1,2. The Chairman of the Board3 is Agnès Paillard.

      2.8.10) Belgian Society of Authors, Composers and Publishers (SABAM)

It is one of the Belgian companies of multidisciplinary and private copyright management. Its purpose is the collection, distribution, administration and management (in the broadest sense of the term) of all the copyrights of its members in Belgium and other countries where reciprocity agreements are concluded. (with its sister companies, that is, with other collecting societies around the world).

      2.8.11) The National Commission of Computing and Freedoms (CNIL)

It is an independent French authority and does not depend on any other institution. The role of the CNIL is to promote the development of digital tools while ensuring the protection of individuals.

      2.8.12) OCLCTIC

The central office of fight against the crime related to the technologies of the information and the communication is a French organization attached to the national police and which is in charge of the fight against the delinquency related to the technologies of the information and the communication (TIC). Its field of action is wider than the Internet alone, it also acts in the field of telecommunications or automated payment means.

      2.8.13) The High Authority for the Dissemination of Works and Protection on the Internet (HADOPI)

It is a French authority created in 2009 whose mission is the protection of copyright on the Internet. It monitors infringements of copyrights for works on the internet and may take sanctions against infringers in case of infringement. However, the HADOPI has first of all a teaching role in the framework of its action. In case of copyright infringement on the part of Internet users, the high authority informs the person concerned by a warning email to inform them.

3) Literary works

A literary work is a creation that expresses an intention to communicate on the part of the author for aesthetic purposes. These works often tell a story with an argument and the use of various literary resources. such as the narrative (such as the novel or the story), the lyric (verse, drama, epic (verses) or didactics (which seeks to instruct the reader or the listener)..

The authors of literary works in the field of copyright protection and the protection of copyright, including the assignment of licenses and the allocation of ISBN numbers. works.

4) The multimedia works

The multimedia work results from the combination of several elements, text images and sounds with an interactivity offered by the work. Whether it is a sound, an image or a video, the author automatically has the total copyright of his work as soon as it is transformed into a tangible form and he can modify, distribute, offer or sell it.

The author must add a license to use to set the limits of use of the work, as he can add other information namely his name, an acronym or any other information that can reference the work concerned.

The license can be formulated individually with the assistance of a legal entity, for example, or it can be based on standard templates such as Creative Cummons licenses.

And as with open source software, it is necessary to start a legal process to force the protection of copyright against illegal infringements. For this reason, the authors may go through known protection bodies, namely the INPI (National Institute of Industrial Property), the EPO (European Patent Office), the WIPO (World Intellectual Property Organization). Intellectual Property), or the US Copyright Office (United States Copyright Office).

5) Industrial works

Industrial property is one of the two branches of intellectual property law. It aims to protect trademarks, patentable inventions, designs and models, it covers indeed two large sets :

  • One dealing with literary and artistic property, and in particular with copyright,
  • The other that deals with industrial property, that is to say, trademark law and patent law.

The purpose of industrial property law is to protect inventions, technical processes as well as trademarks, trade names and domain names allowing the identification of a business.

Designs and models, because of their hybrid character, are both industrial property and literary and artistic property as we shall see.

Protective procedures for a trademark or a patent must be carried out at the National Institute of Industrial Property (INPI) which is responsible for managing the filing and registration of industrial property rights.

6) Intellectual property in practice

    6.1) Practices for literary works

As mentioned previously, the author holds the rights of his work as soon as it is transformed into a tangible form. For the case of literary works protection is assured by the publishing house where the work was distributed to end users..

First of all, photocopying damages the books: in any case, it is not recommended to use photocopying to reproduce a book in its entirety.

In addition, any representation or reproduction in whole or in part without the consent of the author or his successors or assigns is illegal. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process.

However, the author may not prohibit copies or reproductions made from a lawful source and strictly reserved for the private use of the copier and not intended for collective use.

On the internet, if the work is present in digital format (eBook), the author can easily violate copyrights. Preliminary proceedings may be initiated to ensure the protection of its rights.

He can first go through the contact of the entities that provide the hosting of his work, for that he can go through the web page of the hosting site or he can also go to the sites Who.is, Whois.sc, WhoIsHostingThis.com to identify host sites and contact them regarding the hosting of his work.

The author can also go through legal procedures online through sending DMCA note through following links:

    6.2) Practices for Multimedia Works

As well as computer software and literary works, authors of multimedia works also hold the rights to their works.

The author can specify the license that must be assigned to the work when it is put online, this is the case for example Filckr and youtube that offer the opportunity to the author to specify the license that must accompany the work put online whether it is an image, a sound or a video.

However, in the case of copyright infringement, the author may go through the DMCA notes in order to deter infringement of these rights.

    6.3) Stacksoverflow

Most code on Stack Overflow are "snippets". They do not meet the standards of originality and are therefore not protected by copyright. The user is free to copy and paste them without fear of losing a lawsuit.

Some Stack Overflow codes are much longer than "snippets". They are therefore eligible for copyright protection. By default, all Stack Overflow content (including code) is licensed CC-BY-SA 3.0.

CC-BY-SA 3.0 is a copyleft license like GPL 3.0. Essentially, all CC-BY-SA 3.0 licensed codes can be used.


  • Assign the website where the code was obtained.
  • Licensing the base code in the same terms as CC-BY-SA 3.0.

    6.4) Peer-to-Peer

Peer-to-Peer is a file-sharing technology that allows computers to connect to P2P networks and once connected, it will be possible to share and download files with network users. P2P is a technology used for many years, but sharing apps like Limewire, KaZaA and Bitorrent have made file sharing around the world easier..

P2P technology has some legitimate use, indeed the use of data (Software, Mp3, videos) through this technology without permission is considered a violation of copyright law. .

Some files can be legally shared via common P2P programs, but most genuine free programs or public domain music are available elsewhere on the Internet. If you use P2P file sharing software, it is your responsibility to ensure that you do not download or share copyrighted music, movies, or software.

Example Torrents

BitTorrent is only a technology used for copying files, it is an efficient technology used, optimized for large files and decentralized storage for downloading files. But it is only a method for copying files. between machines.

Generally the copying of the files is not unequal, likewise the method used for the copying of the files is not illegal. but downloading copyrighted files is illegal regardless of the technology used: bitTorrent, FTP, web, email or using CD or DVD.

BitTorrent technology can be used for legal activities, for example, some linux distributions are available thanks to bitTorrent technology.

  7) Case study: Avoiding copyright infringement

Faced with the various existing sophisticated technical means, FTP software, websites, P2P software, the exchange of information and the sharing of data became easier. However, even if the information, data and works are existing, available and accessible through these different means, they respond to the different rules and laws that set the limits of use of these shared objects in order to grant the original copyright and to avoid the risks of violation of copyright. these latter.

Misuse of existing and shared works or unauthorized use is considered illegal, whether an image, video, sound or any other type of data in a tangible format has a license to use set by the original author. Indeed, it is necessary to validate and verify the license of objects present and shared in public before any type of use whether private, public, commercial or otherwise. However, there are ways that allow the legal use of shared data, these are objects shared with licenses "Public domain", "Creative Cummons" or "All Right Reserved".

On the other hand, the use of works without obtaining the prior permission of the original authors may be considered a "Fare Use" or "Fair Use" which may be applied to the redistribution of musical works, photographs, videos and programs. IT.

In the following a list of sites that can be used to search for content for legal use with different permissive licenses: "Public Domain", "Creative Commons", "All right Reserved".


  • Creative Commons: The reference site for Creative Cummons licenses but it can be used to find legal content whether an image, a sound or a video. The site allows you to search by sending requests to other sites such as Google, Flickr
  • CInternet Archive’s: An image storage site, you can search by keyword or browse by category .
  • The Public Domain Review: A site that contains a stoke of images, sounds and videos.
  • Flickr: A website hosting images and videos. There are some files that ask to add a reference link and some that forbid the use in commercial needs.
  • EveryStockPhoto:A search tool for those seeking photos in Public Domain.
  • Wikimedia:An image hosting website, videos and legal sound.
  • Openculture
  8) Conclusion

In this document, the majority of works have been presented in various fields, particularly those related to the field of information technology. A moral relation has been notified between the author and his work, this relation is qualified as intellectual property which must be preserved and protected by the users of the works. This protection is translated generically in different forms: Copyright (Copyright) or Patent.

According to the Berne Convention, an author will have copyright in his work since its creation, but to avoid the violation of their rights, authors generally resort to the recording of their works in dedicated organizations which can be cite the WIPO (World Intellectual Property Organization) and the US Copyright Office (US Copyright Office).

The users must agree to respect the moral rights of the authors when using the work concerned, it is done by the recording which is done by is called contart of license and one speaks about licenses of use of the work which is qualified under the name Eula (End-User License Agreement) in the field of information technology.

In the field of computer science, three types of computer software have been identified: proprietary software, free software, open source software and malware. Software authors may formulate their own licenses as they may use licensing models. already established and certified by global organizations such as the FSF or OSI and include GNU GPL, LGPL, BSD, MIT licenses. Consignment is done by ticking a check box that the user must do before proceeding to the use of the work.


Bibliography