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Explaining the GPL to Non-Lawyers?

peddrenth asks: "Software licenses are, we keep saying, difficult to read. The public clicks OK without reading, either implicitly trusting or mistrusting us the software authors. There have been calls recently for companies to clean-up the license, to bullet, section, and colour their licenses, to remove THE UPPERCASE and to draw charts and graphs to explain the license. Anyone who's had to read a 3-page document in a 3"x1" textbox knows how useful this would be. The GPL is one of the most important licenses in the world, and appears on thousands of products. Everything from windows programs to operating systems to people's artwork requires understanding and acceptance of the GNU GPL. Should we, the free software community, take the first step in this effort, and show the world what an easy-to-read license looks like? Would it be useful if long textual software licenses stood out like a sore thumb amongst the cool, pretty, and clear free licenses?" Many may think the GPL Preamble to be clear enough, and this may be true. However there are a lot of people out there that would like to read the entire license so that they know exactly what they may be getting into, before they agree to it. This usually implies being able reading the actual license, and not just the preamble.

"Should we use such a comparison to show the public how they're being manipulated by terms in a EULA they don't read or understand, and encourage other license-writers to include the graphs and tables themselves, showing the public what a license really means?

What would be your ideal license, what poster would you draw to explain the GPL to a child, a PHB, or an artist? Would you stick with the text, or can you think of anything better?"

jamie interjects: The root of the problem is that "intellectual property" is a kludge of a natural human understanding of property rights. Useful, but a kludge. You have to invent many oddball concepts to keep up the pretense that ideas are property. The GPL is a kludge (strict and precise licensing terms) implemented on top of a kludge (copyright law) and, in English or in code, there is no short and simple way to describe complex things.

29 of 399 comments (clear)

  1. short and sweet by skidrash · · Score: 3, Insightful

    What was my stuff is now our stuff.
    In return for this gift, I ask that if you improve our stuff it remains our stuff.

    1. Re:short and sweet by doug_wyatt · · Score: 3, Insightful
      The only trick to this is that it's not just "if you improve our stuff", but it's also "if you use our stuff with your stuff in certian ways, your stuff becomes our stuff". This is the scary part to many companies.

      It's not that they're going to base their revenue off of a N-line diff of a GPL package, but they're going to use a GPL component/library to implement some component of their system, and they worry (sometimes rightly, sometimes wrongly) that this results in their entire system being "infected".

      Where's the line between "your product is just an improvement on GPL-package FOO" and "your product uses FOO as a sub-component"? That's a tough question, and the GPL tries to define it (and the LGPL was a reaction to this issue), but for many companies, it's not quite so simple.

    2. Re:short and sweet by dachshund · · Score: 5, Insightful
      but it's also "if you use our stuff with your stuff in certian ways, your stuff becomes our stuff". This is the scary part to many companies.

      Well, no. It's "if you redistribute our stuff with your stuff in certain ways (all of which are clearly defined in a one of the most readable license documents you'll ever see), you won't be covered by this license. In which case, you'll have to explain to a judge why you violated our copyright."

      After all, users are never forced to sign any kind of agreement to the GPL. If you didn't sign a license, nobody can force you to agree that you were bound by the contract. But without the license to redistribute granted by the contract, you may pay a penalty for violating the authors' copyright.

      Anyway, if your legal staff can't figure out the terms of the GPL, then god help you with the proprietary licenses you're dealing with.

    3. Re:short and sweet by darkonc · · Score: 3, Insightful
      For 'regular people', a short explanation of the GPL should be enough.

      If your business license is going to survive erring on the side of give-away with GPL code, then you should have nothing to worry aobut. If you're going to try and play footsie with the GPL and mix it with proprietary code, it would be stupid to spend $1M+ on the venture based on your reading of a 3 line summary of a 3 page document. Grab a good lawyer and go over the thing line by line. If If still scares you, after that, then you probably should be scared.

      --
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  2. Its wordy and hard to read for a reason... by FortKnox · · Score: 4, Insightful

    Should we, the free software community, take the first step in this effort, and show the world what an easy-to-read license looks like?

    Licenses are lengthy, wordy, and hard to read for a reason. They try to ensure that no "loophole" can be made. The simpler you make the license, the more likely lawyers can "see multiple meanings in words", and avoid the license entirely.

    IMHO, the free-software licenses SHOULD be wordy, because companies like Microsoft have lawyers constantly looking for a loophole...

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  3. What's nice about the GPL by XaXXon · · Score: 5, Insightful

    One of the things that's nice about the GPL, and that I've just come to understand recently, is that it doesn't really matter if you 'accept' it, in the sense that you accept a EULA from MS. Since accepting the GPL actually gives you MORE freedoms than the normal copyright laws, if you don't accept the GPL on a program you get, you are actually more limited in what you can do with it. You can't distribute it, and surely can't distribute a modified version.. Whereas the other EULAs restrict you in addition to copyright restrictions, the GPL actually reduces the restrictions put upon you by copyright law.

    1. Re:What's nice about the GPL by jsfishmonger · · Score: 4, Insightful

      Well said. It's also worth pointing out that there is no requirement that anyone accepts the GPL to actually use the program. For the end user it just about boils down to a standard freeware disclaimer: "There is no waranty" allong with perhaps a gentle reminder: "This software is copyrighted, don't go round saying you wrote it from scratch yourself."

  4. It's nearly a one-liner most of the time by petard · · Score: 5, Insightful

    Most of what the majority of non-lawyers need to know about the GPL can be summed up in one line:
    The GPL does not impact users of the software, only distributors.
    That's it. For that simple reason, the premise of this question is flawed. Most of the world simply uses software and doesn't redistribute it, therefore understanding and acceptance of the GNU GPL is not an issue.

    Anyone who is distributing software (GPL or otherwise) really needs to take the time to understand the details of their redistribution agreement. As redistribution licenses are concerned, the GPL is very easy to understand and truly does stand out as a marvel of simplicity. The only simpler things are BSD and public domain :-)

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    1. Re:It's nearly a one-liner most of the time by dbc · · Score: 3, Insightful

      The GPL does not impact users of the software, only distributors. This isn't strictly true. Software development organizations producing closed-source works need to be very careful about residuals. That is.. they need to prove that no GPL source "leaked" into their code because some programmer saw both some GPL'd utility (or whatever) that they were using and then wrote similar code into the closed-source product. (Note: I did not say cut&paste, I said saw-and-wrote-similar) This is a *huge* worry for some companies, and quite validly so. Plenty of potentially expensive litigation lies down that path.

    2. Re:It's nearly a one-liner most of the time by Anonymous Coward · · Score: 2, Insightful

      If you don't follow the license terms to the letter, you are commiting theft.

      No you are not. You are commiting copyright infringement. That is a hell of a lot different to theft. Please stop spreading this myth.

  5. Will it matter? by techwolf · · Score: 2, Insightful

    Sure, I'd love to read a license and understand it. But what if I don't like it?

    How many retailers are going to accept an opened copy of Office because someone actually read the print and found out that they were selling their soul to Microsoft?

    I don't see it happening.
    -techwolf

    --
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  6. GPL can be summarized succinctly by bshroyer · · Score: 5, Insightful
    In a preamble to the preamble, which would very nearly fit into the aforementioned 3" by 1" box:

    Before the preamble, state:

    Through the GPL, this software is licensed with certain freedoms.

    You have the freedom to view and change the source code to this software.

    You have the freedom to freely copy and distribute this software, and to demand payment for its distribution.

    In exchange for these freedoms, you agree, again through the GPL, that these freedoms will be present in any modifications of or distributions of this software. In addition, you agree to provide the source code for any modifications or distributions you may make.

    Please read below for the full text of the GPL.


    Or is that too simplistic?

    Note that this does not accomplish one important end, in that it does not clearly distinguish itself from other EULAe, except that it devotes the first few sentences to "freedoms" rather than "limitations".
    --
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  7. Can't do it by anthony_dipierro · · Score: 3, Insightful

    Sure, you could try to simplify the GPL, but the fact of the matter is that what the GPL is attempting to do is very complicated. I challenge you to propose a simplified GPL which accomplishes the same goals as the GPL. I'm not even sure if the GPL itself accomplishes the goals of the GPL, this hasn't been tested in court at all yet.

    I have a simple license, called the QingPL, but it is quite different from the GPL. Most significantly, it does not require that source code be released when a derivitive work is released.

    1. Re:Can't do it by anthony_dipierro · · Score: 3, Insightful

      The reason the GPL hasn't been tested in court is because no-one has dared to take it that far.

      The reason no-one has dared to take the GPL to court is because there's nothing to gain by defeating it. Best case scenario you get the ability to make derivitive works and hide the source code. Big deal, no one is going to pay for your product anyway when there is a free alternative, especially if you get the infamy of being the company that killed the GPL. Your product will be hacked and distributed for free by thousands of people.

      If I wanted to write a binary-only modification to the GPL and distribute it without distributing the source, I could get away with it. But I wouldn't make any money to pay for the lawsuits, and the special interest groups would easily bankrupt me. So if I wanted to make a binary-only modification, I'd do it anonymously.

  8. What's the problem? by Otter · · Score: 4, Insightful
    If you're talking about users, what's the issue? Install the software, do anything you want with it, don't bother trying to sue the maker if something goes wrong. The fine points of copyleft and derivative works have nothing to do with anything any user is going to run into. That's, to a large extent, the point -- you don't need a lawyer use your software.

    Where you need to worry about the implications of the GPL are if you're a) a developer or b) a loudmouth who complains about alleged GPL violations. Come to think of it, you don't need to know anything to be a loudmouth who complains about alleged GPL violations.

    By the way, Jamie and Michael, if you have something to say, please post it instead of giving yourselves an automatic (Score: 6, Editor).

  9. Food is a binary by Glytch · · Score: 3, Insightful

    Unless you're an expert, it's hard to get the recipe (the source) from the food (the binary). The GPL is saying "Here's the recipe, and here's some food someone else has made with that recipe, all free for the taking. But if you make and give away or sell food based on the recipe I just gave you, you've got to give away your recipe for free as well."

    I know analogies suck, but it's close enough.

  10. Re:Authors get cute and that's a mistake!!! by Frater+219 · · Score: 3, Insightful
    We've had a problem for YEARS with our legal beagles and the openSSH licence because the author thought he/she was being cute.

    Are you sure you're talking about OpenSSH? These were certainly problems with Tatu Ylonen's SSH back in 1995. However, the OpenSSH team has made a significant point of taking patent-encumbered and otherwise problematic code out of the OpenSSH code base. For more information, see the OpenSSH FAQ.

  11. Re:About time someone said this by Dominic_Mazzoni · · Score: 3, Insightful

    This code is copyrighted. It is not "free to use". You may not copy or use it in any way, including for non-commercial purposes, unless you follow strictly the enclosed license terms. If you do not read or follow the license terms, you will be in breach of copyright, and can and will be prosecuted for theft.

    While I appreciate the motivation, I don't like the way this reads. I don't want people to be scared by the GPL, I want them to welcome it.

    I'm a GPL author. I want people to use my code, and I want them to read through my code and learn from it. I released the source code for free for a reason: so that people will use it and benefit from it.

    What I don't want is for someone to take an entire program I've written, and package it and sell it for a profit (unless they release the code, of course). That's why I use the GPL. But the last thing I want to do is discourage people from using my code in a reasonable way, because they're afraid they might inadvertantly violate the GPL be prosecuted for theft.

  12. Re:Less licenses... by Arandir · · Score: 5, Insightful

    Licenses are naturally complex things.

    The problem is that we're using licenses to begin with. We don't need licenses. Books don't have licenses. Poems don't have licenses. Music, despite the RIAA's wishes to the contrary, doesn't have licenses.

    There are in essense only three sets of rights available to the recipient of any copyrighted work:

    1) Rights previously granted under Copyright Law.
    2) 1 + additional rights
    3) 1 - rights already granted

    Only number 3 requires a license, because only number three has to be agreed to by the recipient. This is a EULA.

    Number one doesn't need any license at all. Just put the words "Copyright 2002 Joe Schmoe, all rights reserved" at the top, and you're done. 90% of commercial software could be released like this with zero problems for the authors. This is known as simple copyright.

    Number two doesn't need a license either. You're granting additional rights, not taking anything away. Even if these additional rights have conditions attached to them, as with copyleft, the recipient does not need to agree to anything, because they cannot excercise those additional rights outside of the context of those conditions. I refer to this as a Permission Statement.

    The general public, over the course of three decades of concerted brainwashing by the software industry, has come to believe that you need a license to use software. This is very sad. Instead of perpetuating this myth, we need to be proactive and declare that the user doesn't have to agree to any damn thing to use the software we gave them!

    --
    A Government Is a Body of People, Usually Notably Ungoverned
  13. Third option? by d_lesage · · Score: 2, Insightful
    The public clicks OK without reading, either implicitly trusting or mistrusting us the software authors

    Actually, I think most people (including me) fall into the "Don't give a crap" category. I'll install the software and use it any damn way I want.

    --

    Ich werde nie wieder denken
  14. Re:About time someone said this by 13013dobbs · · Score: 2, Insightful
    Sure, it's their fault for not reading it...


    But, if you do not read the license, you are not bound by it, right?

    Why is it ok to not abide by a MS EULA, but not ok to not abide by a FSF EULA?

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  15. Organize the license text from the user's POV... by sethg · · Score: 5, Insightful
    ...which means you need to consider what kinds of users your program will have, and have a different section for each kind.
    Restatement of the GPL, Section 1
    • We give you permission to use the Program for any purpose, to share copies of the Program with anyone else in your organization, and to reverse-engineer the Program. If this is all you are doing with the Program, the rest of this license does not apply to you. [The average user can stop reading here.]
    • If you want to give away or sell copies of the Program to someone outside your organization, you may only do so under certain conditions, which are listed in section 2. [Anyone who wants to redistribute the program needs to read this part.]
    • If you want to modify the Program, use parts of the Program in your own software, or otherwise create what copyright law considers a "derivative work" from the Program, and this derivative work is only distributed within your organization, you are free to do so. [This is for companies who need to run a modified version of the program internally but have no interest in distributing it.]
    • If you want to give away or sell copies of this derivative work to anyone outside of your organization, you may only do so under certain conditions, which are listed in section 3. [This is the group of people who are most affected by the GPL's terms, but these days only a minority of the people who use GPL'ed code are actually redistributing modified versions of it, so most customers shouldn't have to wade through it.]
    • You do not have to accept this License, since you have not signed it. However, if you do not accept it, then all the normal restrictions imposed by copyright law apply: you may continue to use the Program, but you may not give copies of the Program, or copies of any work derived from the program, to anyone else. [A subtle and futile attempt to prevent people whining about how the GPL "takes away our freedom".]

      [Now someone just has to fill in sections 2 and 3...]

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  16. Re:Keep it short by Anonymous Coward · · Score: 1, Insightful

    Simplify licence agreements:
    All your IPs and money belongs to us. You are screwed whether or not you click the Accept or the Decline buttons.

  17. Does anyone besides me? by Anonymous Coward · · Score: 0, Insightful

    Does anyone besides me think that the GNU logo looks like a penis horns? Just a thought to ponder.

  18. Re:About time someone said this by clueless_penguin · · Score: 2, Insightful
    Prosecuted by whom? And, this hasn't been held up in court yet, so there's no way to even say whether or not it's theft.

    You're only partially right. It is a civil offense, not criminal, so there is no prosecution. But it has been upheld in court in a case involving MySQL AB vs Nusoft.

    The GNU GPL is largely made up by programmer with no knowledge, whatsoever of law. It violates basic tenets of copyright law, and in some cases doesn't even make sense. I think it's a bit premature to talk about reading the whole thing, understanding it, getting it tattooed on your ass, whatever, considering it's pretty much just a document that somebody has written, without any valid legal merit.

    This is all completely wrong. The license was written by a lawyer who happens to work for the FSF, not by random programmers. And if it doesn't make sense to you, try reading it without your adobe colored glasses on.

    Just because I write "Nobody owns this building" on a random building doesn't mean that it's true.

    Correct but completely irrelevent. Nice troll though.

    --
    Use the spatula, Luke
  19. Re: My case by booch · · Score: 5, Insightful

    You should go get an MCSE certification yourself, then. In the same way that an MCSE cannot talk about the GPL in a well-informed manner, you are not seen as qualified to speak on things Microsoft. I have certifications in both Microsoft and Linux (among others), so when I advocate the use of Open Source over Microsoft products, people are apt to believe that I know the pros and cons of both, and have made a well-informed analysis.

    --
    Software sucks. Open Source sucks less.
  20. Re:I have a similar problem by leifb · · Score: 2, Insightful

    If you do not think that this is a fair bargain, you are free to decline and to develop your own code or purchase it from someone else. You will still be allowed to use the software yourself, which is awfully nice of the developers, since you probably didn't pay them a penny for it in the first place. If you feel that this would make you a freeloading communist welfare addict, you may instead opt to purchase similar software from a less generous developer.


    Or send the developers a check. Please, let's not leave that one out.

  21. Re:EULAs and GPL by Anonymous Coward · · Score: 1, Insightful

    If the GPL is unenforceable, you are no longer
    under it the GPL agreement so you revert back to the default. The
    default copyright laws gives less rights than you
    would have under the GPL.

  22. Why do they consider.. by Anonymous Coward · · Score: 1, Insightful

    the gpl to be the most important license in the world? What's so damn important about it? Sure, it lets you use software for free, but so do a dozen others. This is yet another example of a fucking linux zealot thinking he's the best thing out there, when in actuality, there are a number of good oses out there. Enough of all the "gpl/linux/rms/goatse.cx is the best, all others suck" attitude.