HOME

TheInfoList



OR:

Proprietary software is
software Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consist ...
that is deemed within the free and open-source software to be non-free because its creator, publisher, or other rightsholder or rightsholder partner exercises a
legal monopoly A legal monopoly, statutory monopoly, or ''de jure'' monopoly is a monopoly that is protected by law from competition. A statutory monopoly may take the form of a government monopoly where the state owns the particular means of production or govern ...
afforded by modern copyright and intellectual property law to exclude the recipient from freely sharing the software or modifying it, and—in some cases, as is the case with some patent-encumbered and
EULA An end-user license agreement or EULA () is a legal contract between a software supplier and a customer or end-user, generally made available to the customer via a retailer acting as an intermediary. A EULA specifies in detail the rights and res ...
-bound software—from making use of the software on their own, thereby restricting his or her freedoms. It is often contrasted with open-source or free software. For this reason, it is also known as non-free software or closed-source software.


Types


Origin

Until the late 1960s computers—large and expensive mainframe computers, machines in specially air-conditioned computer rooms—were usually leased to customers rather than
sold Sold may refer to: * ''Sold'' (Boy George album), 1987 * ''Sold'' (Died Pretty album), 1996 * ''Sold'' (TV series), a British comedy drama television series * ''Sold'' (McCormick novel), a 2006 novel by Patricia McCormick and Illustrated by Br ...
. Service and all software available were usually supplied by manufacturers without separate charge until 1969. Computer vendors usually provided the source code for installed software to customers. Customers who developed software often made it available to others without charge. Closed source means computer programs whose source code is not published except to licensees. It is available to be edited only by the organization that developed it and those licensed to use the software. In 1969, IBM, which had antitrust lawsuits pending against it, led an industry change by starting to charge separately for mainframe software and services, by unbundling hardware and software. Bill Gates' " Open Letter to Hobbyists" in 1976 decried computer hobbyists' rampant
copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, ...
of software, particularly Microsoft's Altair BASIC interpreter, and asserted that their unauthorized use hindered his ability to produce quality software. But the legal status of software copyright, especially for object code, was not clear until the 1983 appeals court ruling in Apple Computer, Inc. v. Franklin Computer Corp. According to
Brewster Kahle Brewster Lurton Kahle ( ; born October 21, 1960)Alexa Internet profile
, via juggle.com. accessed Novemb ...
the legal characteristic of software changed also due to the U.S. Copyright Act of 1976.Robert X
Cringely's interview with Brewster Kahle
46th minute
Starting in February 1983 IBM adopted an " object-code-only" model for a growing list of their software and stopped shipping much of the source code, even to licensees. In 1983, binary software became copyrightable in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
as well by the Apple vs. Franklin law decision, before which only source code was copyrightable. Additionally, the growing availability of millions of computers based on the same microprocessor architecture created for the first time an unfragmented and big enough market for binary distributed software.


Legal basis

Most of the software is covered by copyright which, along with contract law, patents, and trade secrets, provides legal basis for its owner to establish exclusive rights. A software vendor delineates the specific 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 software ( shrink wrap licensing). License agreements are usually not negotiable. Software patents grant exclusive rights to algorithms, software features, or other patentable subject matter, with coverage varying by jurisdiction. Vendors sometimes grant patent rights to the user in the license agreement. The source code for a piece of propietary software is routinely handled as a trade secret. Software can be made available with fewer restrictions on licensing or source-code access; software that satisfies certain conditions of freedom and openness is known as " free" or " open-source."


Limitations

Since license agreements do not override applicable copyright law or contract law, provisions in conflict with applicable law are not enforceable. Some software is specifically licensed and not sold, in order to avoid limitations of copyright such as the first-sale doctrine.


Exclusive rights

The owner of proprietary software exercises certain exclusive rights over the software. The owner can restrict the use, inspection of source code, modification of source code, and redistribution.


Use of the software

Vendors typically limit the number of computers on which software can be used, and prohibit the user from installing the software on extra computers. Restricted use is sometimes enforced through a technical measure, such as product activation, a product key or serial number, a hardware key, or
copy protection Copy protection, also known as content protection, copy prevention and copy restriction, describes measures to enforce copyright by preventing the reproduction of software, films, music, and other media. Copy protection is most commonly found o ...
. Vendors may also distribute versions that remove particular features, or versions which allow only certain fields of endeavor, such as non-commercial, educational, or non-profit use. Use restrictions vary by license: *
Windows Vista Starter Windows Vista—a major release of the Microsoft Windows operating system—was available in six different product editions: Starter, Home Basic, Home Premium, Business, Enterprise, and Ultimate. On September 5, 2006, Microsoft announced the USD p ...
is restricted to running a maximum of three concurrent applications. * The retail edition of Microsoft Office Home and Student 2007 is limited to non-commercial use on up to three devices in one household. *
Windows XP Windows XP is a major release of Microsoft's Windows NT operating system. It was release to manufacturing, released to manufacturing on August 24, 2001, and later to retail on October 25, 2001. It is a direct upgrade to its predecessors, Wind ...
can be installed on one computer, and limits the number of network file sharing connections to 10. The Home Edition disables features present in Windows XP Professional. * Traditionally, Adobe licenses are limited to one user, but allow the user to install a second copy on a home computer or laptop. This is no longer true with the switching to Creative Cloud. * iWork '09, Apple's productivity suite, is available in a five-user family pack, for use on up to five computers in a household.


Inspection and modification of source code

Vendors typically distribute proprietary software in
compiled In computing, a compiler is a computer program that translates computer code written in one programming language (the ''source'' language) into another language (the ''target'' language). The name "compiler" is primarily used for programs tha ...
form, usually the
machine language In computer programming, machine code is any low-level programming language, consisting of machine language instructions, which are used to control a computer's central processing unit (CPU). Each instruction causes the CPU to perform a ver ...
understood by the computer's
central processing unit A central processing unit (CPU), also called a central processor, main processor or just processor, is the electronic circuitry that executes instructions comprising a computer program. The CPU performs basic arithmetic, logic, controlling, a ...
. They typically retain the source code, or human-readable version of the software, often written in a higher level programming language. This scheme is often referred to as closed source. While most proprietary software is distributed without the source code, some vendors distribute the source code or otherwise make it available to customers. For example, users who have purchased a license for the Internet forum software vBulletin can modify the source for their 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 covered by a non-disclosure agreement or a license that allows, for example, study and modification, but not redistribution. The text-based email client Pine and certain implementations of
Secure Shell The Secure Shell Protocol (SSH) is a cryptographic network protocol for operating network services securely over an unsecured network. Its most notable applications are remote login and command-line execution. SSH applications are based ...
are distributed with proprietary licenses that make the source code available.Some licenses for proprietary software allow distributing changes to the source code, but only to others licensed for the product, and some of those modifications are eventually picked up by the vendor. Some governments fear that proprietary software may include defects or malicious features which would compromise sensitive information. In 2003 Microsoft established a Government Security Program (GSP) to allow governments to view source code and Microsoft security documentation, of which the Chinese government was an early participant. The program is part of Microsoft's broader Shared Source Initiative which provides source code access for some products. The Reference Source License (Ms-RSL) and Limited Public License (Ms-LPL) are proprietary software licenses where the source code is made available. Governments have also been accused of adding such malware to software themselves. According to documents released by Edward Snowden, the
NSA The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI). The NSA is responsible for global monitoring, collec ...
has used covert partnerships with software companies to make commercial encryption software exploitable to eavesdropping, or to insert backdoors. Software vendors sometimes use obfuscated code to impede users who would reverse engineer the software. This is particularly common with certain programming languages. For example, the
bytecode Bytecode (also called portable code or p-code) is a form of instruction set designed for efficient execution by a software interpreter. Unlike human-readable source code, bytecodes are compact numeric codes, constants, and references (norma ...
for programs written in Java can be easily decompiled to somewhat usable code, and the source code for programs written in scripting languages such as PHP or
JavaScript JavaScript (), often abbreviated as JS, is a programming language that is one of the core technologies of the World Wide Web, alongside HTML and CSS. As of 2022, 98% of websites use JavaScript on the client side for webpage behavior, of ...
is available at run time.


Redistribution

Proprietary software vendors can prohibit the users from sharing the software with others. Another unique license is required for another party to use the software. In the case of proprietary software with source code available, the vendor may also prohibit customers from distributing their modifications to the source code. Shareware is closed-source software whose owner encourages redistribution at no cost, but which the user sometimes must pay to use after a trial period. The fee usually allows use by a single user or computer. In some cases, software features are restricted during or after the trial period, a practice sometimes called crippleware.


Interoperability with software and hardware


Proprietary file formats and protocols

Proprietary software often stores some of its data in file formats that are incompatible with other software, and may also communicate using protocols which are incompatible. Such formats and protocols may be restricted as trade secrets or subject to patents.


Proprietary APIs

A proprietary application programming interface (API) is a software library interface "specific to one device or, more likely to a number of devices within a particular manufacturer's product range." The motivation for using a proprietary API can be vendor lock-in or because standard APIs do not support the device's functionality. The
European Commission The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
, in its March 24, 2004, decision on Microsoft's business practices, quotes, in paragraph 463, Microsoft general manager for C++ development Aaron Contorer as stating in a February 21, 1997, internal Microsoft memo drafted for Bill Gates: :The Windows API is so broad, so deep, and so functional that most ISVs would be crazy not to use it. And it is so deeply embedded in the source code of many Windows apps that there is a huge switching cost to using a different operating system instead. Early versions of the iPhone SDK were covered by a non-disclosure agreement. The agreement forbade independent developers from discussing the content of the interfaces. Apple discontinued the NDA in October 2008.


Vendor lock-in

Any dependency on the future versions and upgrades for a proprietary software package can create ''vendor lock-in'', entrenching a monopoly position.


Software limited to certain hardware configurations

Proprietary software may also have licensing terms that limit the usage of that software to a specific set of hardware.
Apple An apple is an edible fruit produced by an apple tree (''Malus domestica''). Apple trees are cultivated worldwide and are the most widely grown species in the genus '' Malus''. The tree originated in Central Asia, where its wild ancest ...
has such a licensing model for
macOS macOS (; previously OS X and originally Mac OS X) is a Unix operating system developed and marketed by Apple Inc. since 2001. It is the primary operating system for Apple's Mac computers. Within the market of desktop and la ...
, an operating system which is limited to Apple hardware, both by licensing and various design decisions. This licensing model has been affirmed by the United States Court of Appeals for the Ninth Circuit.


Abandonment by proprietors

Proprietary software which is no longer marketed, supported or sold by its owner is called abandonware, the digital form of orphaned works. If the proprietor of a software package should cease to exist, or decide to cease or limit production or support for a proprietary software package, recipients and users of the package may have no recourse if problems are found with the software. Proprietors can fail to improve and support software because of business problems. Support for older or existing versions of a software package may be ended to force users to upgrade and pay for newer versions( planned obsolescence). Sometimes another vendor or a software's community themselves can provide support for the software, or the users can migrate to either competing systems with longer support life cycles or to FOSS-based systems. Some proprietary software is released by their owner at end-of-life as open-source or
source available Source-available software is software released through a source code distribution model that includes arrangements where the source can be viewed, and in some cases modified, but without necessarily meeting the criteria to be called open-sour ...
software, often to prevent the software from becoming unsupported and unavailable abandonware. 3D Realms and id Software are famous for the practice of releasing closed source software into the open source. Some of those kinds are free-of-charge downloads ( freeware), some are still commercially sold (e.g.
Arx Fatalis ''Arx Fatalis'' is an action role-playing video game developed by Arkane Studios and released for Microsoft Windows in 2002 and Xbox in 2003. The game is played from a first-person perspective and is set on a world whose sun has failed, forcing t ...
). More examples of formerly closed-source software in the
List of commercial software with available source code This is a list of proprietary source-available software, which has available source code, but is not classified as free software or open-source software. In some cases, this type of software is originally sold and released without the source code, ...
and
List of commercial video games with available source code This is a list of commercial video games with available source code. The source code of these commercially developed and distributed video games is available to the public or the games' communities. In several of the cases listed here, the g ...
.


Pricing and economics

Proprietary software is not synonymous with commercial software, although the two terms are sometimes used synonymously in articles about free software. Proprietary software can be distributed at no cost or for a fee, and free software can be distributed at no cost or for a fee. The difference is that whether proprietary software can be distributed, and what the fee would be, is at the proprietor's discretion. With free software, anyone who has a copy can decide whether, and how much, to charge for a copy or related services. Proprietary software that comes for no cost is called freeware. Proponents of commercial proprietary software argue that requiring users to pay for software as a product increases funding or time available for the research and development of software. For example, Microsoft says that per-copy fees maximize the profitability of software development. Proprietary software generally creates greater commercial activity over free software, especially in regard to market revenues. Proprietary software is often sold with a license that gives the end user right to use the software.


Examples

Examples of proprietary software include
Microsoft Windows Windows is a group of several proprietary graphical operating system families developed and marketed by Microsoft. Each family caters to a certain sector of the computing industry. For example, Windows NT for consumers, Windows Server for ...
, Adobe Flash Player, PS3 OS,
Orbis OS The PlayStation 4 system software is the updatable firmware and operating system of the PlayStation 4. The operating system is Orbis OS, based on FreeBSD 9. Technology System The native operating system of the PlayStation 4 is Orbis OS, which ...
, iTunes, Adobe Photoshop, Google Earth,
macOS macOS (; previously OS X and originally Mac OS X) is a Unix operating system developed and marketed by Apple Inc. since 2001. It is the primary operating system for Apple's Mac computers. Within the market of desktop and la ...
(formerly Mac OS X and OS X), Skype,
WinRAR WinRAR is a trialware file archiver utility for Windows, developed by Eugene Roshal of win.rar GmbH. It can create and view archives in RAR or ZIP file formats, and unpack numerous archive file formats. To enable the user to test the integrit ...
, Oracle's version of Java, Huawei's
HarmonyOS HarmonyOS (HMOS) () is a distributed operating system developed by Huawei to collaborate and interconnect with multiple smart devices on the Internet of Things (IoT) ecosystem. In its current multi-kernel design, the operating system select ...
and some versions of
Unix Unix (; trademarked as UNIX) is a family of multitasking, multiuser computer operating systems that derive from the original AT&T Unix, whose development started in 1969 at the Bell Labs research center by Ken Thompson, Dennis Ritchie, ...
. Software distributions considered as proprietary may in fact incorporate a "mixed source" model including both free and non-free software in the same distribution. Most if not all so-called proprietary
UNIX Unix (; trademarked as UNIX) is a family of multitasking, multiuser computer operating systems that derive from the original AT&T Unix, whose development started in 1969 at the Bell Labs research center by Ken Thompson, Dennis Ritchie, ...
distributions are mixed source software, bundling open-source components like BIND,
Sendmail Sendmail is a general purpose internetwork email routing facility that supports many kinds of mail-transfer and delivery methods, including the Simple Mail Transfer Protocol (SMTP) used for email transport over the Internet. A descendant of the ...
, X Window System, DHCP, and others along with a purely proprietary kernel and system utilities. Some free software packages are also simultaneously available under proprietary terms. Examples include
MySQL MySQL () is an open-source relational database management system (RDBMS). Its name is a combination of "My", the name of co-founder Michael Widenius's daughter My, and "SQL", the acronym for Structured Query Language. A relational database ...
,
Sendmail Sendmail is a general purpose internetwork email routing facility that supports many kinds of mail-transfer and delivery methods, including the Simple Mail Transfer Protocol (SMTP) used for email transport over the Internet. A descendant of the ...
and ssh. The original copyright holders for a work of free software, even copyleft free software, can use dual-licensing to allow themselves or others to redistribute proprietary versions. Non-copyleft free software (i.e. software distributed under a permissive free software license or released to the public domain) allows anyone to make proprietary redistributions. Free software that depends on proprietary software is considered "trapped" by the Free Software Foundation. This includes software written only for Microsoft Windows, or software that could only run on Java, before it became free software.


See also


References


External links

* {{DEFAULTSORT:Proprietary Software Software licenses