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LGPL or BSD-Style License for Media Codecs?
"More specifically, the nature of many
embedded systems force them to be bound
by the stringent requirements of
Section 6 the LGPL. In some cases, dynamic
linkage is not possible, ruling out
6(b), or causing the terms of the FLAC
library to come into conflict with
other proprietary libraries. In other
cases, it simply is not possible to
provide an environment, according to
6(a), where the user can re-link with a
different copy of the library.
What are my options? I could stick to
my guns, which might limit the adoption
of the format, or change the license.
I know Vorbis uses the BSD license, but
I feel strongly about modifications
that are useful for others going back
into the free code base. Perhaps there
is another middle-ground license that
could preserve the Freedom of the code
in these cases? Or maybe I am not interpreting
the verbiage of the LGPL correctly?
Can't I have my cake and eat it too?"
By using BSD-type license you let your code to every software house uses it as they want. It can even release a version using your "free" code using a non-free license.
Perhaps as you said LGPL will be very restrive for embedded systems, you are almost right, there's no how to recompile embedded software.
I think you have 3 choices. Fork LGPL and build your own version with a special paragraph for embedded systems. Build a special version of your library with another license.
Or you can ask every potencial "user" (the library user is the programmer/projectist) to find a way to easily update the firmware and allow the user to compile it.
I think that the second option is the best, but you can choose. :o)
-=-=-=-=
I know life isn't fair, but why can't it ever be un-fair in MY favor!?
Of course, contributers could agree to let their contributions be dual-licensed as well, but it strikes me as unfair that you'd get paid by proprietary licensees for those contributions and the contributors get nothing. This would discourage dual-licensed contributions and lead to a license-based fork soon enough. This would be less of a problem, I suppose, if you received no compensation from proprietary licenses, but that would be unfair for you.
There is a way out, though, that would (I think) let you GPL the code, and still be able to use it in proprietary products, but it is one hell of a kludge, and relies on a fair amount of trampoline code.
The GPL requires all statically, and depending on who you ask, dynamically (RMS, of course, says "yes, dynamically too" [my paraphrase]), linked code to be GPL if the result is distributed (an exception is made for libraries normally provided with the O/S, but what is O/S and what is app gets sticky in an embedded environment). However, non-complex communication with non-GPL code via pipes or sockets is O.K. "Non-complex" here is a matter of interpretation, but a classic server or filter utility is generally fine.
It strikes me that a codec can be interpreted as a filter, or simple server, in a loop-backed TCP/IP networked environment, so this could work. Is this overkill? Sure, but it would avoid the licensing issue completely: embedded systems could just ship with the source. I suppose that even that would not be necessary if the system were ordered on-line -- then an FTP server would suffice.
From a technical standpoint, this does introduce a lot of pressure on the embedded side: you need a whole TCP/IP stack and ROM and RAM tend to be precious in such systems. The overhead of packetizing and unpacketizing will require a bit of a beefier CPU to boot. I tend to think that even the smallest embedded systems today could handle that, but it is a concern. Of course, the network type the sockets use doesn't have to be AF_INET, permitting some short-cuts.
As a bonus, the pipe- or socket-based codec would be useful in a processing stream on non-embedded systems -- if you provided a traditional library instead, someone would quickly write such a filter (in the Unix sense, not the audio sense) app anyway.
You could've hired me.
Charge them a reasonable one-time relicensing fee that gives them an non-exclusive unlimited license to the code base with the exception that they may not patent any algorithms derived from the codebase. Also make sure the price is reasonable and small.
You can keep the main release LGPL, and anytime you take on a new code contributor ask them to agree to a release saying that FLAC may be privately relicensed upon those specific terms above and that all proceeds will go towards the development of FLAC.
So you can eat your cake and have it too. And if the company comes back wanting a license to a more recent version of the code- which has been evolving with LGPL contributions, then they can pay another one-time relicensing fee (a form of recurring funding if development keeps up)
Now this probably wont get you as wide distribution as a BSD license, because of the small hassle, but its the next best thing if you want to keep your copyleft. And your guaranteed to get compensated by anyone who wants to develop FLAC, either with LGPL code or hard cash.
Although it would be nice, this is probably not going to be as easy as you suggest.
The problem is that FLAC is an open source project hosted on SourceForge. As such, it is probably very likely that the project owner has accepted code from various contributors. This means that unless these contributors have explicitly granted him the copyright ownership of their code, he is in no position to re-license it.
At this point, he has two options:
1 - Replace all contributed code with his own; and do so without infringing on the anyone's copyright.
2 - Get everyone who contributed to grant him copyright ownership. Which, depending on how many people contributed, can be quite difficult.
I've always liked this idea for making money from Free software. You basically charge only those people who have no intention of giving back to the community. Unfortunately, unless you have planned ahead, it can be pretty difficult to pull off.
Good luck, buddy.
Traditional Flamebait, traditional response :-)
The problem with the BSD approach of "people should be free" is that it gives people the freedom to destroy the work upon which they are building. What if MS had realised early enough that the Internet was the Next Big Thing and had incorporated the BSD TCP-IP stack in from Dos 3 (for example) but they had modified it slightly so you could work on the MSNet or the Internet? Who would have won the war? Would the net have split? It seems ridiculous now, but then it could have been fiery if they had done early enough!
The GPL is far more than a BSD licence, it imposes a simple (in theory and concept but maybe not practice yet) set of rules which say that anyone who receives the work under it cannot undermine the project by releasing closed incompatible versions. What if MS now pick up Ogg Vorbis and use a minorly modified but incompatible version for their prefered audio format from now on? These new users will be orphans from the existing user base, benefiting from its work, but unable to benefit from the Freedom they would have had were it still GPL. So BSD does not make people free past one generation (each BSD receiver is free to do what they want, but their users are not free) whereas the GPL makes the software Free and all the users free, the developers are as Free as is possible while preventing them from having the opportunity of reverting some of the benefits of the Freedoms the GPL is designed to uphold.
Never underestimate the dark side of the Source