How do we decide whether to commercialize with a traditional or an “open source” license for software?
Duke OLV supports the efforts of Duke researchers to share software code and research data that have been developed under federal funding with other researchers in the academic community. However, there may be conditions that restrict or limit such dissemination, including but not limited to: third party rights (due to presence of third party code), license compatibility (due to presence of other open source code) and even compliance (e.g. HIPAA, export control laws etc.). For code and data developed using non-federally funded research, there may be obligations to the research sponsor with regards to intellectual property rights which restrict sharing of software code and data.
Open source and open data licenses are some of the mechanisms available for researchers to disseminate software code and data to other researchers. However, if you would like retain broad commercialization rights, there are other mechanisms to disseminate your code or data within the academic community including academic software research licenses and data sharing agreements. Researchers interested in potential commercialization of software/data are advised to contact OLV’s Dinesh Divakaran to discuss available dissemination options.