Redistribution in binary form - Copyright notice in Javascript

Question

I want to distribute a single exe file, which is a simple http web server. This exe contains all the dependency html/js files (mostly licensed under MIT and New BSD)

I really don't know if that's distribution in binary form. Do i have to reproduce the copyright notes in the documentation, if the client is able to see the copyright notes in the html source with a web browser?

• Ixrec: "You can apply the GPL to any kind of work, as long as it is clear what constitutes the "source code" for the work. The GPL defines this as the preferred form of the work for making changes in it." I believe it is possible for binary and source formats to be the identical, though HTML and Javascript are usually minified which in the FSF's opinion makes it no longer source code, because the minified version is not what humans are meant to write/read/edit.
• Ixrec: But for copyright notices, I believe it's actually the per-source file notices that are optional, and your readme/documentation is where you need a notice stating what the license is and who holds the copyright. Will post a real answer later if no one beats me to it.
• Doc Brown: In which form do you distribute the html/js with your exe? Are those files "embedded" into the binary and unpacked later when the web server runs? So the client has to run the software before he can see the copyright notice?
• user218474: @DocBrown Files are embedded and not unpacked later. The data is streamed to the client. He can see the sources and copyright notes when the exe is running with the browser but he can't see them within the exe.

Answer 1

First, IANAL. But let us check the part of the text of the two licenses you mentioned. MIT license states:

 The above copyright notice and this permission notice 
 shall be included in all copies or substantial portions of the Software.

BSD license states:

 Redistribution and use in source and binary forms, with or without
 modification, are permitted provided that the following conditions are
 met:
 * Redistributions of source code must retain the above copyright
 notice, this list of conditions and the following disclaimer.
 * Redistributions in binary form must reproduce the above copyright
 notice, this list of conditions and the following disclaimer in the
 documentation and/or other materials provided with the distribution.

So in both texts, it is required to include the copyright notice, if you distribute your software as text or as binary does not matter.

AFAIK there is nothing in the text telling you exactly how or in which form you have to provide the copyright notice. However, the notice should be easy to find and not cause unreasonable effort for your client - you clearly should not hide the notice from the client. So it should be there where the "standard documentation" is. If, for example, you are creating some kind of embedded device with a network plug, where most of the standard documentation will be available by navigating to a specific URL using a browser, then I don't think you need to provide a separate copyright notice. If, however, the standard documentation is a printed manual, you should consider to provide the information there.

The final call on this can only make a judge, who will do this only in court, after someone tries to sue you, which will hopefully not happen.

• user218474: Thanks for your answer. In my point of view streaming the data is reproducing the copyright notice in an "other material". Another option is to outsource all the Html/Javascript files and put them in an extra Zip, which the user can immediately see.
• Doc Brown: @user218474: you could surely that, if you like, but as long as you stick to MIT or BSD (and not use GPL code, for example), providing the source code itself is no requirement of those licenses.