About the Foundation
The License Foundation publishes international free software and free document licenses grounded in multilateral treaty law. Our licenses are designed by specialists in international intellectual property law to operate across all jurisdictions that are parties to the Berne Convention, the TRIPS Agreement, and the WIPO Copyright Treaty — effectively every jurisdiction on Earth.
The dominant licenses of the last four decades were products of a specific legal culture. The MIT License and the BSD licenses emerged from American university computing departments in the 1980s, drafted as minimal disclaimers under United States copyright law, with no recognition of moral rights, no patent provisions, and no enforceability analysis beyond a single domestic jurisdiction. The Apache License 2.0, while adding a patent grant, remains explicitly governed by the laws of a single state. The GNU General Public License, in all its versions, was drafted by a Boston-based nonprofit and construed primarily through the lens of United States copyright law — its copyleft mechanism depends on assumptions about “derivative works” that do not translate uniformly across civil law and common law traditions. The Creative Commons licenses, though widely adopted, defer to “applicable law” without specifying which law, creating ambiguity in cross-border enforcement.
The Open Source Initiative, a United States 501(c)(3) corporation founded in 1998, has positioned itself as the sole arbiter of what constitutes “open source.” Its Open Source Definition is a policy document with no legal standing in any jurisdiction, yet it exercises outsized influence over licensing decisions worldwide. The OSI certification process privileges licenses that conform to American legal conventions and systematically undervalues the legal traditions of the 180+ sovereign states whose intellectual property frameworks are grounded in the Berne Convention and its progeny. A self-appointed American gatekeeper has no authority to define the terms under which software is shared across sovereign borders.
The European Union’s EUPL, while acknowledging the existence of multiple legal systems, remains a product of a single regional bloc and is governed by EU law — a framework that excludes the majority of the world’s population. It is no more universal than the American licenses it sought to improve upon.
None of these licenses were designed for the age of artificial intelligence. None of them address the systematic extraction of copyrighted expression by machine learning systems, the weaponization of technological protection measures against user freedom, the monopolization of user data by service operators, or the assertion of sovereign immunity by governments that deploy free software while refusing to comply with its terms. They were written for an era of local distribution and voluntary compliance. That era is over.
The License Foundation exists to replace this patchwork of jurisdictionally parochial instruments with licenses that are self-sufficient under international treaty law: grounded in the Berne Convention, the TRIPS Agreement, the WIPO Copyright Treaty, the Patent Cooperation Treaty, and the established dispute resolution frameworks of the World Intellectual Property Organization and UNCITRAL. Our licenses require no reference to any domestic statute. They recognize moral rights as established by the Berne Convention. They address AI and machine learning as a vector for the creation of derivative works. They prohibit technological protection measures that restrict user freedoms. They mandate data portability and cryptographic autonomy. They bind governments and waive sovereign immunity. They are enforceable through WIPO arbitration in any contracting state. They are, by design, the first licenses drafted to operate at the level of international law itself.
Licenses
International Software License
A strong copyleft license for software. Source code, object code, build systems, and all associated materials are covered. Network use triggers the same source code obligations as distribution. AI and machine learning systems that produce derivative works from the software are bound by the copyleft. Technological protection measures that restrict user freedoms are prohibited. User data sovereignty, cryptographic autonomy, and interoperability rights are guaranteed. Moral rights are recognized and enforced. Patent rights are expressly reserved with a narrow conditional grant. Disputes are resolved through WIPO arbitration. Governments waive sovereign immunity upon use. Grounded in the Berne Convention, TRIPS, and the WIPO Copyright Treaty.
Read the LicenseInternational Document License
A strong copyleft license for non-software works: documentation, books, articles, educational materials, multimedia, datasets, and all forms of creative and informational content. Network publication triggers full copyleft obligations. AI and machine learning systems that produce derivative works from the content are bound by the copyleft. Digital restrictions that prevent users from exercising their rights are prohibited. Access paywalls, subscription requirements, and DRM clearances may not be imposed. Moral rights, attribution, and integrity are enforced. Format portability is guaranteed. The same treaty-grounded international enforceability as the International Software License.
Read the LicenseLegal Instruments
Our licenses are grounded in the following multilateral treaties and international legal frameworks. These instruments establish the substantive rights, procedural obligations, and enforcement mechanisms upon which the International Software License and the International Document License operate.
Substantive Treaties
- Berne Convention for the Protection of Literary and Artistic Works Automatic copyright protection without formalities across 182 contracting states; moral rights of attribution and integrity; exclusive rights of reproduction, adaptation, and communication to the public
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Computer programs and literary works protected across 164 WTO member states; patent protection for inventions in all fields of technology; enforcement procedures and judicial remedies
- WIPO Copyright Treaty Computer programs as literary works across 115 contracting states; protection of compilations of data; right of communication to the public including on-demand availability; technological protection measures and rights management information
- Patent Cooperation Treaty Framework for international patent filing across 157 contracting states; recognition of patent rights referenced in the license patent provisions
Human Rights Instruments
- Universal Declaration of Human Rights Article 19: freedom of expression; Article 27: right to protection of moral and material interests from scientific and literary production
- International Covenant on Civil and Political Rights Article 19: right to seek, receive, and impart information regardless of frontiers; 173 state parties
- International Covenant on Economic, Social and Cultural Rights Article 15: right to enjoy benefits of scientific progress; right to protection of moral and material interests from scientific or literary production; 171 state parties
Dispute Resolution Frameworks
- WIPO Arbitration Rules Primary procedural framework for arbitration of intellectual property disputes; administered by the WIPO Arbitration and Mediation Center
- UNCITRAL Arbitration Rules Fallback procedural framework for international commercial arbitration; developed by the United Nations Commission on International Trade Law
- Permanent Court of Arbitration Fallback appointing authority at The Hague for designation of arbitrators when parties cannot agree; established by the 1899 Hague Convention
Sovereign Immunity
- United Nations Convention on Jurisdictional Immunities of States and Their Property Framework for governmental waiver of sovereign immunity referenced in Section 15.8; applicable to government use of licensed software
Contact
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