Is shareware software an open source software?

Copyright protection is intended to provide protection against theft of intellectual property. Free and Open Source Software (FOSS) generally specifies that the source code must be distributed with any binary build and that the full original license must remain affixed to the source code. In this case, it means that the author is asking that others do not plagiarize the work or claim it as one's own.

It also generally specifies that the code may only be used for certain purposes, such as non-commercial use. Some projects are dual-licensed with a commerical license for reselling/incorporation into commercial applications. Violations of any of the terms in the license may constitute a violation of copyright protection, and infringements may be prosecuted. This is still relatively new and mostly untried in the area of law, and few courts have had any cases involving FOSS copyright infringements.

A few recent cases have suggested that courts are willing to entertain at least GPLv2-type licenses, and possibly others. Damages have apparently been awarded in at least one case regarding GPLv2 infringements. In other Words, FOSS is quickly gaining legal status as a viable copyright protection license. It is therefore important to read the license of any software one intends to modify and/or redistribute to ensure that they are not in violation and risking infringement lawsuits.