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Proprietary software

Non-free software redirects here. It is not to be con- 2 Legal basis


fused with Commercial software or Business software.
Further information: Software law, Software copyright,
Proprietary software is computer software for which Software patent, and End-user license agreement
the softwares publisher or another person retains
intellectual property rights usually copyright of the Most software is covered by copyright which, along with
source code, but sometimes patent rights. contract law, patents, and trade secrets, provides legal ba-
sis for its owner to establish exclusive rights.[12]
A software vendor delineates the specic terms of use
in an end-user license agreement (EULA). The user
may agree to this contract in writing, interactively on
screen (clickwrap), or by opening the box containing the
1 Software becoming proprietary software (shrink wrap licensing). License agreements
are usually not negotiable.[13] Software patents grant ex-
clusive rights to algorithms, software features, or other
Until the late 1960s computerslarge and expen- patentable subject matter, with coverage varying by juris-
sive mainframe computers, machines in specially air- diction. Vendors sometimes grant patent rights to the user
conditioned computer roomswere leased to customers in the license agreement.[14] The source code for a piece
rather than sold.[1][2] Service and all software available of software is routinely handled as a trade secret.[15] Oc-
were usually supplied by manufacturers without separate casionally, software is made available with fewer restric-
charge until 1969. Computer vendors usually provided tions on licensing or source-code access; such software is
the source code for installed software to customers. Cus- known as "free" or "open-source.[16]
tomers who developed software often made it available to
others without charge.
2.1 Limitations
In 1969, IBM, which had antitrust lawsuits pending
against it, led an industry change by starting to charge Because license agreements do not override applicable
separately for mainframe software[3][4] and services, by copyright law or contract law, provisions in conict with
unbundling hardware and software.[5] applicable law are not enforceable.[17] Some software is
specically licensed and not sold, in order to avoid limi-
Bill Gates' "Open Letter to Hobbyists" in 1976 de-
tations of copyright such as the rst-sale doctrine.[18]
cried computer hobbyists rampant copyright infringe-
ment of software, particularly Microsofts Altair BASIC
interpreter, and reminded his audience that their theft
from programmers hindered his ability to produce quality 3 Exclusive rights
software.[6]
According to Brewster Kahle the legal characteristic of The owner of proprietary software exercises certain
software changed also due to the U.S. Copyright Act of exclusive rights over the software. The owner can restrict
1976.[7] use, inspection of source code, modication of source
code, and redistribution.
Starting in February 1983 IBM adopted an "object-code-
only model for a growing list of their software and
stopped shipping source code.[8][9] 3.1 Use of the software
In 1983, binary software became also copyrightable in the
United States by the Apple vs. Franklin law decision,[10] Further information: Copy protection, Damaged good,
before that only source code was copyrightable.[11] Addi- and Price discrimination
tionally, the growing availability of millions of computers
based on the same microprocessor architecture created Vendors typically limit the number of computers on
for the rst time an unfragmented and big enough market which software can be used, and prohibit the user from
for binary distributed software.[11] installing the software on extra computers. Restricted use

1
2 4 INTEROPERABILITY WITH SOFTWARE AND HARDWARE

is sometimes enforced through a technical measure, such Some governments fear that proprietary software may in-
as product activation, a product key or serial number, a clude defects or malicious features which would com-
hardware key, or copy protection. promise sensitive information. In 2003 Microsoft estab-
Vendors may also distribute versions that remove particu- lished a Government Security Program (GSP) to allow
lar features, or versions which allow only certain elds of governments to view source code and Microsoft secu-
endeavor, such as non-commercial, educational, or non- rity documentation, of which [24][25]
the Chinese government
prot use. was an early participant. The program is part of
Microsofts broader Shared Source Initiative which pro-
Use restrictions vary by license: vides source code access for some products. The Refer-
ence Source License (Ms-RSL) and Limited Public Li-
Windows Vista Starter is restricted to running a cense (Ms-LPL) are proprietary software licenses where
maximum of three concurrent applications. the source code is made available.
Governments have also been accused of adding such mal-
The retail edition of Microsoft Oce Home and ware to software themselves. According to documents
Student 2007 is limited to non-commercial use on released by Edward Snowden, the NSA has used covert
up to three devices in one household. partnerships with software companies to make commer-
cial encryption software exploitable to eavesdropping, or
Windows XP can be installed on one computer, and to insert backdoors.[26][27]
limits the number of network le sharing connec-
Software vendors sometimes use obfuscated code to im-
tions to 10.[19] The Home Edition disables features
pede users who would reverse engineer the software. This
present in Windows XP Professional.
is particularly common with certain programming lan-
guages. For example, the bytecode for programs writ-
Traditionally Adobe licenses are limited to one user,
ten in Java can be easily decompiled to somewhat us-
but allow the user to install a second copy on a home
able code, and the source code for programs written in
computer or laptop.[20] This is no longer true with
scripting languages such as PHP or JavaScript is available
the switching to Creative Cloud.
at run time.[28]
iWork '09, Apples productivity suite, is available in
a ve-user family pack, for use on up to ve com-
puters in a household.[21]
3.3 Redistribution

3.2 Inspection and modication of source Further information: Shareware


code See also: Freely redistributable software

See also: Open source and Anti-features Proprietary software vendors can prohibit users from
sharing the software with others. Another unique license
Vendors typically distribute proprietary software in is required for another party to use the software.
compiled form, usually the machine language understood In the case of proprietary software with source code avail-
by the computers central processing unit. They typi- able, the vendor may also prohibit customers from dis-
cally retain the source code, or human-readable version tributing their modications to the source code.
of the software, written in a higher level programming
Shareware is closed-source software whose owner en-
language.[22] This scheme is often referred to as closed
[23] courages redistribution at no cost, but which the user
source.
sometimes must pay to use after a trial period. The fee
While most proprietary software is distributed without usually allows use by a single user or computer. In some
the source code, some vendors distribute the source code cases, software features are restricted during or after the
or otherwise make it available to customers. For exam- trial period, a practice sometimes called crippleware.
ple, users who have purchased a license for the Internet
forum software vBulletin can modify the source for his
or her own site but cannot redistribute it. This is true
for many web applications, which must be in source code
form when being run by a web server. The source code is 4 Interoperability with software
covered by a non-disclosure agreement or a license that and hardware
allows, for example, study and modication, but not re-
distribution. The text-based email client Pine and certain
implementations of Secure Shell are distributed with pro- Further information: Interoperability of software
prietary licenses that make the source code available.
3

4.1 Proprietary le formats and protocols both by licensing and various design decisions. This li-
censing model has been armed by the United States
Further information: Proprietary format and Proprietary Court of Appeals.[33]
protocol

Proprietary software often stores some of its data in le 5 Abandonment by owners


formats which are incompatible with other software, and
may also communicate using protocols which are incom- Main article: Abandonware
patible. Such formats and protocols may be restricted as
trade secrets or subject to patents.
Proprietary software which is no longer marketed, sup-
ported or sold by its owner is called abandonware, the
digital form of orphaned works. If the proprietor of a
4.2 Proprietary APIs
software package should cease to exist, or decide to cease
or limit production or support for a proprietary software
A proprietary application programming interface (API)
package, recipients and users of the package may have no
is a software library interface specic to one device
recourse if problems are found with the software. Propri-
or, more likely to a number of devices within a par-
[29] etors can fail to improve and support software because of
ticular manufacturers product range. The motiva-
business problems.[34] Support for older or existing ver-
tion for using a proprietary API can be vendor lock-in
sions of a software package may be ended to force users to
or because standard APIs do not support the devices
[29] upgrade and pay for newer versions[35] (planned obsoles-
functionality.
cence). Sometimes another vendor or a softwares com-
The European Commission, in its March 24, 2004 deci- munity themselves can provide support for the software,
sion on Microsofts business practices,[30] quotes, in para- or the users can migrate to either competing systems with
graph 463, Microsoft general manager for C++ develop- longer support life cycles or to FOSS-based systems.[36]
ment Aaron Contorer as stating in a February 21, 1997
Some closed-source software is released by their owner
internal Microsoft memo drafted for Bill Gates:
at end-of-life as open-source or source available software,
often to prevent the software from becoming unsupported
The Windows API is so broad, so deep, and so and unavailable abandonware.[37][38][39] 3D Realms and
functional that most ISVs would be crazy not id Software are famous for the practice of releasing closed
to use it. And it is so deeply embedded in the source software into the open source. Some of those
source code of many Windows apps that there kinds are free-of-charge downloads (freeware), some are
is a huge switching cost to using a dierent op- still commercially sold (e.g. Arx Fatalis). More examples
erating system instead. of formerly closed-source software in the List of com-
mercial software with available source code and List of
Early versions of the iPhone SDK were covered by a non- commercial video games with available source code.
disclosure agreement. The agreement forbade indepen-
dent developers from discussing the content of the inter-
faces. Apple discontinued the NDA in October 2008.[31] 6 Formerly open-source software
See also: List of formerly proprietary software
4.3 Vendor lock-in

Further information: Vendor lock-in Some formerly open-source software was made pro-
prietary later. Sometimes for commercialization rea-
sons, sometimes as security or anti-cheat measurement
A dependency on the future versions and upgrades for a (Security through obscurity). A famous example of such
proprietary software package can create vendor lock-in, is the Doom source port ZDaemon which was prone to
entrenching a monopoly position.[32] aimbot cheaters.[40]

4.4 Software limited to certain hardware 7 Pricing and economics


congurations

Proprietary software may also have licensing terms that See also: Commercial software
limit the usage of that software to a specic set of hard-
ware. Apple has such a licensing model for Mac OS X, Proprietary software is not synonymous with commercial
an operating system which is limited to Apple hardware, software,[41][42] although the two terms are sometimes
4 10 REFERENCES

used synonymously in articles about free software.[43][44] 9 See also


Proprietary software can be distributed at no cost or for a
fee, and free software can be distributed at no cost or for Business software
a fee.[45] The dierence is that whether or not proprietary
software can be distributed, and what the fee would be, is Commercial o-the-shelf
at the proprietors discretion. With free software, anyone
Comparison of open-source and closed-source soft-
who has a copy can decide whether, and how much, to
ware
charge for a copy or related services.[46]
Proprietary software that comes for no cost is called List of proprietary software for Linux
freeware. Proprietary hardware
Proponents of commercial proprietary software argue
Retail software
that requiring users to pay for software as a product in-
creases funding or time available for the research and
development of software. For example, Microsoft says
that per-copy fees maximise the protability of software 10 References
development.[47]
[1] Ceruzzi, Paul E. (2003). A History of Modern Comput-
Proprietary software generally creates greater commer- ing. Cambridge, MA: MIT Press. p. 128. ISBN 0-262-
cial activity over free software, especially in regard to 53203-4. Although IBM agreed to sell its machines as
market revenues.[48] part of a Consent Decree eective January 1956, leasing
continued to be its preferred way of doing business

[2] The History of Equipment Leasing, Lease Genie, n.d.,


8 Examples archived from the original on April 11, 2008, retrieved
November 12, 2010, In the 1960s, IBM and Xerox rec-
ognized that substantial sums could be made from the -
Examples of proprietary software include Microsoft nancing of their equipment. The leasing of computer and
Windows, Adobe Flash Player, PS3 OS, iTunes, Adobe oce equipment that occurred then was a signicant con-
Photoshop, Google Earth, Mac OS X, Skype, WinRAR, tribution to leasings [sic] growth, since many companies
Oracles version of Java and some versions of Unix. were exposed to equipment leasing for the rst time when
they leased such equipment.
Software distributions considered as proprietary may in
fact incorporate a mixed source model including both [3] Pugh, Emerson W. (2002). Origins of Software Bundling.
free and non-free software in the same distribution.[49] IEEE Annals of the History of Computing. 24. pp. 5758.
Most if not all so-called proprietary UNIX distributions
[4] Hamilton, Thomas W. (1969). IBMs Unbundling Deci-
are mixed source software, bundling open-source compo-
sion: Consequences for Users and the Industry. Program-
nents like BIND, Sendmail, X Window System, DHCP, ming Sciences Corporation.
and others along with a purely proprietary kernel and sys-
tem utilities.[50][51] [5] IBM (n.d.). Chronological History of IBM: 1960s.
Retrieved May 28, 2016. Rather than oer hardware,
Some free software packages are also simultaneously services and software exclusively in packages, marketers
available under proprietary terms. Examples include 'unbundled' the components and oered them for sale
MySQL, Sendmail and ssh. The original copyright hold- individually. Unbundling gave birth to the multibillion-
ers for a work of free software, even copyleft free soft- dollar software and services industries, of which IBM is
ware, can use dual-licensing to allow themselves or oth- today a world leader.
ers to redistribute proprietary versions. Non-copyleft free
[6] Gates, Bill (February 3, 1976). An Open Letter to Hob-
software (i.e. software distributed under a permissive
byists. Retrieved May 28, 2016.
free software license or released to the public domain)
allows anyone to make proprietary redistributions.[52][53] [7] Robert X. Cringelys interview with Brewster Kahle, 46th
Free software that depends on proprietary software is minute
considered trapped by the Free Software Founda-
[8] Cantrill, Bryan (2014-09-17). Corporate Open Source
tion. This includes software written only for Microsoft
Anti-patterns (video). youtube.com. Retrieved 2015-
Windows,[54] or software that could only run on Java, be- 12-26. [at 3:15]
fore it became free software.[55]
[9] Gallant, John (1985-03-18). IBM policy draws
In India, one and a half million laptops were pre-loaded
re - Users say source code rules hamper change.
with screen savers of political minister Mulayam Singh Computerworld. Retrieved 2015-12-27. While IBMs pol-
Yadav. The author of software developed for these lap- icy of withholding source code for selected software prod-
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device if the laptops owner attempted to change, remove, only now beginning to cope with the impact of that decision.
or modify this feature.[56] But whether or not the advent of object-code-only products
5

has aected their day-to-day DP operations, some users re- display and run one copy of the Software on a single
main angry about IBMs decision. Announced in February computer, such as a workstation, terminal or other de-
1983, IBMs object-code-only policy has been applied to a vice (Workstation Computer). The Software may not
growing list of Big Blue system software products be used by more than two (2) processors at any one time
on any single Workstation Computer. ... You may per-
[10] Impact of Apple vs. Franklin Decision mit a maximum of ten (10) computers or other electronic
devices (each a 'Device') to connect to the Workstation
[11] Landley, Rob (2009-05-23). 23-05-2009. landley.net.
Computer to utilize one or more of the following services
Retrieved 2015-12-02. So if open source used to be the
of the Software: File Services, Print Services, Internet In-
norm back in the 1960s and 70s, how did this _change_?
formation Services, Internet Connection Sharing and tele-
Where did proprietary software come from, and when, and
phony services.
how? How did Richard Stallmans little utopia at the MIT
AI lab crumble and force him out into the wilderness to [20] Adobe Systems, Adobe Software License Agreement
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[22] Hean, Ira V. (1997). Copyleft: Licensing Collabora-
[12] Liberman, Michael (1995). Overreaching Provisions in tive Works in the Digital Age (PDF). Stanford Law Re-
Software License Agreements. Richmond Journal of view. 49: 1490. Under the proprietary software model,
Law and Technology. 1: 4. Retrieved November 29, most software developers withhold their source code from
2011. users.

[13] Limitations and Exceptions to Copyright and Neighbour- [23] David A. Wheeler (2009-02-03). Free-Libre / Open
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[24] Shankland, Stephen. Governments to see Windows
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[28] Tony Patton (2008-11-21). Protect your JavaScript with
[15] Donovan, S. (1994). Patent, copyright and trade secret obfuscation. Retrieved 2009-06-12. While the Web pro-
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it, register a copyright for it, or keep it as a trade secret. code, proprietary calculations, or any other scenario.

[16] Eben Moglen (2005-02-12). Why the FSF gets copyright [29] APIs: What they are, and what they're for - Feature -
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for software to be commercial [...] without being propri-
[35] Microsoft Turns Up The Heat On Windows 2000 Users. etary. The reverse is also possible, for example in binary-
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[54] Free Software Foundation (2009-05-05). Frequently
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[40] ZDaemon Starting with the 1.07 release in July 2005, the London.
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[41] Rosen, Lawrence (2004). Open Source Licensing. Upper


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978-0-13-148787-1.
7

11 Text and image sources, contributors, and licenses


11.1 Text
Proprietary software Source: https://en.wikipedia.org/wiki/Proprietary_software?oldid=775955574 Contributors: Paul Drye, Olivier,
Edward, Nealmcb, Wm, Nixdorf, Pnm, Ixfd64, Delirium, (, Tregoweth, Haakon, Mac, LittleDan, Emperorbma, Guaka, Bevo, Joy, Rob-
bot, Chealer, RedWolf, Postdlf, JesseW, David Gerard, Giftlite, Laudaka, ShaunMacPherson, Curps, Abqwildcat, Ans, AlistairMcMil-
lan, Eequor, Horatio, Edcolins, Unknownwarrior33, Joeblakesley, Anduin13, Marc Mongenet, Cynical, Chepry, D6, Imroy, RossPatter-
son, Discospinster, Cacycle, Pmsyyz, Ascnder, Gronky, Bender235, Evice, Tom, John Vandenberg, Minghong, Alansohn, Gary, Diego
Moya, Raraoul, Gmaxwell, Woohookitty, Madmardigan53, Consequencefree, Pol098, WadeSimMiser, Mms, Hdante, Plrk, Mandarax,
Qwertyus, Intimidated, Rjwilmsi, Maurog, QuasarTE, D.brodale, King of Hearts, YurikBot, RobotE, Barefootguru, Dpakoha, Adrian
Malacoda, Rbarreira, Stringbean1, Voidxor, Tony1, Aaron Schulz, Zzuuzz, Dspradau, Toniher, Mardus, Finell, Pschulz01, SmackBot,
Mitchan, Eskimbot, Fsdfs, Gilliam, Izzynn, Thumperward, JohnX, Russell McOrmond, Gyrobo, Detter, Tsca.bot, AussieLegend, Ashaw-
ley, Chlewbot, JonHarder, Wonderstruck, Cybercobra, Dreadstar, AThing, Guyjohnston, Leschatz, A. Parrot, At2000, Lee Carre, Lakers,
Robust Physique, IvanLanin, Lenoxus, Atomobot, CRGreathouse, KyraVixen, FlyingToaster, Pgr94, Bumbulski, MC10, Rhe br, YorkBW,
Dynomites, Kozuch, Starship Trooper, Gaoos, Ampersands, PamD, Thijs!bot, Mbelisle, Bot-maru, Hervegirod, Electron9, TXiKi, Es-
carbot, AntiVandalBot, Gioto, Widefox, SummerPhD, Jj137, Isilanes, JAnDbot, Wootery, V. Szabolcs, Hut 8.5, .anacondabot, Nyttend,
User A1, Gwern, AVRS, Church of emacs, Jim.henderson, Keith D, R'n'B, Gueldenberg, Silas S. Brown, Netseekers, Wng z3r0, White
720, Joshua Issac, Remember the dot, Jevansen, Chris Pickett, Psheld, Oshwah, Alan Rockefeller, Comrade Graham, Genium, BwDraco,
Jackfork, WJetChao, Jimmi Hugh, Biscuittin, SieBot, Doctorfree, LungZeno, X-Fi6, Jerryobject, Belorn, Happysailor, Martarius, ClueBot,
Chrisofgenesis, R000t, Gameforge, Auntof6, Drumroll99, Ykhwong, WalterGR, SilentSnowfall, Sortie, Versus22, Theunixgeek, Appari-
tion11, SF007, XLinkBot, Jovianeye, Rror, Badgernet, Deineka, Addbot, LP, Grandscribe, Elsendero, Ironholds, Grubel, WikiDegausser,
Tassedethe, Zorrobot, Jarble, Rocoptersoi, Yobot, Bunnyhop11, Retro00064, AnomieBOT, LifeIsPain, Jim1138, Galoubet, Materialsci-
entist, ArthurBot, TinucherianBot II, RibotBOT, Hjscher, FaTony, FrescoBot, Trac3R, Citation bot 1, Victortc, Skyerise, MondalorBot,
EFormsBlogger, Robvanvee, Gryllida, Lotje, Minikola, Aiken drum, Jesse V., RjwilmsiBot, Ripchip Bot, Nucleosynthesis, Rollins83,
EmausBot, WikitanvirBot, Dewritech, RenamedUser01302013, Tommy2010, Regression Tester, Ponydepression, Lutehawks, Jorjulio,
Palosirkka, Donner60, Pun, Senator2029, Manytexts, Petrb, Mikhail Ryazanov, ClueBot NG, JetBlast, Shaddim, Liberulo, Frietjes,
Twillisjr, Astronautguo, Nullzero, Be..anyone, Helpful Pixie Bot, HMSSolent, Vertevero, Walk&check, Emayv, Nathan2055, MusikAn-
imal, Compfreak7, Isacdaavid, Sanglorian, BattyBot, Darylgolden, Cyberbot II, Codename Lisa, Calinou1, Hnurgds, DavidLeighEllis,
Comp.arch, Dreirik, Dark Mistress, Dodi 8238, Monkbot, DysonSphere75, Azertify, 0xF8E8, Eurodyne, Naruto shippudin, Freedom4U,
Radiomiles, Treesith, Riwseo, Mariehonora, Ak2703, IsaiahOdhner, Qpoi9762, Qzd, TehAwooOfDoom, GreenC bot, Mrp9799, Jmcgnh,
Xaviers 14, Pyrusca, Bender the Bot, Pu Chii, Swoophle, Edgar Singco and Anonymous: 212

11.2 Images
File:Commons-logo.svg Source: https://upload.wikimedia.org/wikipedia/en/4/4a/Commons-logo.svg License: PD Contributors: ? Origi-
nal artist: ?
File:Folder_Hexagonal_Icon.svg Source: https://upload.wikimedia.org/wikipedia/en/4/48/Folder_Hexagonal_Icon.svg License: Cc-by-
sa-3.0 Contributors: ? Original artist: ?
File:Portal-puzzle.svg Source: https://upload.wikimedia.org/wikipedia/en/f/fd/Portal-puzzle.svg License: Public domain Contributors: ?
Original artist: ?
File:Question_book-new.svg Source: https://upload.wikimedia.org/wikipedia/en/9/99/Question_book-new.svg License: Cc-by-sa-3.0
Contributors:
Created from scratch in Adobe Illustrator. Based on Image:Question book.png created by User:Equazcion Original artist:
Tkgd2007
File:Symbol_book_class2.svg Source: https://upload.wikimedia.org/wikipedia/commons/8/89/Symbol_book_class2.svg License: CC
BY-SA 2.5 Contributors: Mad by Lokal_Prol by combining: Original artist: Lokal_Prol
File:Wiktionary-logo-v2.svg Source: https://upload.wikimedia.org/wikipedia/commons/0/06/Wiktionary-logo-v2.svg License: CC BY-
SA 4.0 Contributors: Own work Original artist: Dan Polansky based on work currently attributed to Wikimedia Foundation but originally
created by Smurrayinchester

11.3 Content license


Creative Commons Attribution-Share Alike 3.0

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