Lights And Shadows Of "Open" Software Licensing. The "4-Clause BSD" License

Among software user licenses, open source licenses assume a historical role in the evolution of computer programs. A recent ruling by the Court of Milan (No. 7112/2023) allows us to look at so-called “BSD licenses” and the clauses that characterize them, ruling on the consequences of not implementing the “advertising clause”.

In recent decades, software development has been decisively shaped by the more or less “liberal” or restrictive nature of software licenses. Over time, several software licensing models have emerged, characterized by the varying degree of “permissiveness”: among the most relevant are the “BSD” (more open) and “GPL” (more protectionist) licenses.

The “free circulation” of computer programs began to gain increasing attention (and supporters) especially since the 1980s, at the stage when software was "leaving" universities and entering the corporate world. From sharing scientific research to competing in markets, particularly through the