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Microsoft's New Permissive License Meets Opposition
seven7h writes "Linux.com currently has an interesting story regarding Microsoft's new Permissive License, which they are currently trying to get certified by the OSI (Open Source Initiative). What I find interesting is not just that this has received a lot of criticism and opposition, but that one of the key opponents is Chris DiBona, open source programs manager for Google, Inc. Microsoft's strategies of creating open source like programs (ie Shared Source) has been called into question and whether the open source industry should become associated with Microsoft. This looks like it may be something to watch as it could allow Microsoft a foot in the door into Linux/Open Source, or define a line between Linux/Open Source and Microsoft."
Everyone does. That is why it is free. Abide by the GPL and anyone can play.
I am very small, utmostly microscopic.
Why is it interesting that a google employee opposes something Microsoft does?
I mean, those aren't exactly love seats being thrown out of Microsoft's office windows.
liqbase
Who the heck came up with the "permissive" license.. It just sounds so dirty.... I mean do I need to wear protection with this license?? Wait a minute... I think I know that answer to that one... :-)
From what I read in the article, this "Ms-PL" is just a generic copyleft license with built a built in grant of patents and no-warranty clause. Other than the fact that the license was written by Microsoft, I don't see anything possibly controversial about it.
(rot13) rpbzbab@tznvy.pbz
They have no choice but to approve it, unless they want to lose credibility, and change "Open Source" to mean "whatever they happen to like", rather than "a license that meets this specified list of objective criteria".
All of the objections raises are very pointless. For example, there was the objection to how it does not get along with some other licenses. Hello! The same thing applies to many of the already-approved licenses. The objections from the Google guy are even worse--they don't seem to have anything whatsoever to do with the stated purpose of OSI. He's just using the mailing list as a soapbox.
Sure they do. The OSI could reject a license fundamentally identical to another license simply on the grounds that license proliferation is a bad thing.
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Well, you know what they say - a dozen times bitten, thirteen times shy. They've resorted to underhand methods so many times in the past, it's only rational to expect any action like this to be "a trap".
I don't like MS much but I have to say I'm on their side in this matter. They are submitting licensees for approval not asking OSI to support or approve of their broader business model. OSI needs to present itself as an impartial organization that will render fair objective verdicts about whether a license counts as open source whoever submits that license.
Besides, I think it creates all the wrong incentives when we give MS shit for improving its relation with open source. Admittedly maybe I'm a bit influenced here by this post by Miguel de Icaza's blog but I do get the sense that MS is being treated worse just because they are MS. Of course it's only natural for people in the open source community to want to get back at MS when they can given how MS is treating them but in the long run I think giving them grief over their attempts to open source stuff just contributes to the perception in MS that open source software is a fanatical rabid anti-capitalist movement not reasonable people making software they can work with and make compromises to.
If you liked this thought maybe you would find my blog nice too:
Well, when the guy with the hammer keeps hitting you in the head instead of fixing the hole in the roof, the next time he shows up you start thinking about calling the cops, even if this time he's carrying some nice roofing tiles.
It is interesting that you mention the GPL, because that is exactly the target of this initiative by Microsoft. Remember, Microsoft isn't opposed to BSD licensed code, because they can use it all they want. They are only opposed to the GPL, which would force them to 'give away' their source code. That is what they called 'communist' and 'viral.'
Now, if you look at the license, it is indeed an open source license, and it can be used in conjunction with the BSD, Apache,or MIT licenses, but not the GPL. Thus, Microsoft creates this license, releases sufficient open source code to make people think twice about using the GPL (extend), and then once the GPL is dead, leaves the open source world (extinguish).
This is a very clever move, aimed at dividing the open source camp from the GPL camp. Currently they are divided in ideology but largely united in practice (as RMS says). Microsoft is aiming to divide them in practice as well. Personally I don't think Microsoft is willing to release enough code open sourced to make a difference, but time will tell. The next few years will be very interesting.
Qxe4
Historically, Microsoft has often had alternative (often dishonest), motives for initiatives they put forward. Usually these revolve around dividing and conquering markets. The most likely ulterior motive here is to divide the OS community by carving off the GPL and FSF people (the only license the MS-PL would not play well with), and to maginalise individuals like Richard Stallman in particular.
I predict that if the MS-PL license is accepted and MS becomes part of the OS community, from that day forward the general understanding in the press/media will be that there are two different camps of open source. "Serious" (business-related) open source, and "Flaky" (left-wing FSF open source). The very fact that the second group is open about the ideological basis of their movement will work against them as it does in the political realm as well. Both camps are actually just as ideologically based as each other, but only the FSF is up front about it.
While this over-simplification of the field into two camps may be spurious, Microsoft is driving public perception here as they always do. All those folks that have never really thought seriously about open source at all will suddenly "discover" it because MS is into it, and their perception of the playing field will be defined by Microsoft's participation and seen through the Microsoft "lens" on open source.
I would expect all the major tech media outlets, especially the mainstream/popular ones, to jump right on this interpretation, in the same way as they jump on all Microsoft pronouncements. I also can't think of a single reason why any of MS's Enterprise customers or any large corporation for that matter would not also be happy in that camp. Even great open source supporters like IBM would probably much rather prefer it if the FSF were "just a bunch of kooky hippies" that no one had to worry about anymore. This kind of perception could be hugely popular, and not just with Microsofties.
As a long time left-wing kookie hippy I am not in favour of this, but I can certainly see how wildly popular this could be to large chunks of the open source community. This is classic Microsoft divide and conquer stuff and I can't see any reason why it won't work like a charm.
Microsoft says that Linux "violates" how many Microsoft patents?
Microsoft paid how much money to SCO for a license Microsoft doesn't appear to use?
Microsoft arranged for Baystar to invest how much money in SCO?
And the list goes on and on and on.
Microsoft can, at any time, download the source code for almost EVERYTHING in "Linux". And they can write whatever apps they want that "interoperates" with whatever in "Linux". And they can release it under whatever license they want.
But we aren't seeing that, are we? And the reason is that Microsoft's goal is to find some way to cripple Linux as a competitor. That's it. That's all it is.
So we should be wary of any and all "changes" that Microsoft wants. Keep the distinct and separate from Linux.
The OSI doesn't even correctly track the licenses that it has "approved" already.
http://www.opensource.org/licenses/category
How about a diagram showing the progression of license restrictions? Hmmmmmm? That way you could look at the chart and SEE where a specific license falls.
It would also show any holes that are not covered by a license yet.
Then it would be easy to draw a line and say "anything below this line is GPLv2 compatible". Or GPLv3 or whatever.
Instead we have licenses that effectively duplicate each other. And we argue over whether Microsoft's proposed licenses are "okay" or not. Instead we should be able to look at the proposed license and see exactly where in the matrix it falls and whether it is filling an existing void. Or simply duplicating an existing license's restrictions and grants.
Where's the structure?
Poor Microsoft. They try so hard to fit in. They make three licenses, two of which contain a clause saying that you can only run them on MS Windows, and for some reason they aren't embraced into the community!
If it gets approved, my guess is that they will loudly say that MS-PL is an approved open source license. Then they will release code under the MS-LPL license. Most people won't understand or see that extra L, and assume it's similar.
Of course, the MS-LPL is one of the worst licenses you can get (It can only run on MS Windows etc). They will purposefully confuse people with the distinction.
Chris DiBona of Google Inc. has asked the question if the OSI license submission ment that Microsoft would "stop using the market confusing term Shared Source." While I disagree on several things, I think this question deserves a reasonable answer. Rather than answering the question, instead Bill Hilf provided the excuse that "the reasons we continued to call it the 'Shared Source' program was to acknowledge that these licenses had not been approved by the OSI." [1]8 5:200708:mkohfpmjekmjelobgffa
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Based on what was said by Bill Hilf, a project covered under MS-CL or MS-PL should be referred in Microsoft marketing as a "Shared Source" application. But with the Sharedpoint Learning Kit, covered by the MS-CL [2], the term used by Microsoft is "open source application." [3] Independent of approval by the OSI, Microsoft has already pre-approved it's use of "Shared Source" and "open source" as interchangeable terms in a way that appears to be an attempt to purposely confuse. This could even be seen as a method to disrupt the moment that the previous open source terminology had gain in the popular press. Regardless of the intention, Microsoft's use of SS and OS as interchangeable terms is not consistent with Bill Hilf's claim.
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So, this leads back to DiBona's question which is still left without a reasonable answer. Will Microsoft stop using the marketing term Shared Source as a method to confuse? If Microsoft is serious about working with the OSI, why is SS already used as an interchangeable term before the OSI has even approved the licenses?
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[1] http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:mss:133
[2] http://www.codeplex.com/SLK/Project/License.aspx
[3] http://www.microsoft.com/opensource/choice.mspx
There are some "compatible" licenses, but that's merely a euphemism for relicensing. If a license allows to to relicense the software under the GPL, then it is compatible. If the MIT license, for example, said that you couldn't file off the license, then it would no longer be GPL. The GPL is a members only club.
That's not really accurate. What the GPL says is that the whole work must be distributable under the terms of the GPL. Neither the MIT, BSD or any other license I know lets you "file off the license", in fact it very clearly says The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. It is simply that the MIT license is very permissive and lets you distribute it in a way that gives you all the rights of the GPL.
Think of it this way, you're building a house and the BSD parts say you can use them in any building. The GPL parts say the whole house must be blue. Is that ok? Yes, because you can simultaniously fulfill the conditions of both licenses by building a blue house. You can't paint the BSD parts red anymore, but the BSD parts are still BSD parts. It is illegal (criminal offense) to replace a BSD license text with a GPL license text, unless you're the copyright holder. But as part of a house, the house needs to follow the rules of all the parts.
Of course the kicker is that the GPL says you can't add no more restrictions (good or bad), so you can put MIT code in GPL projects, but you can't put GPL code in anything but GPL projects. But that they can be distributed under the terms of the GPL is substantially different from them being relicensed to be GPL code.
Live today, because you never know what tomorrow brings
I cant think of a more reasonably way to do that than what they've done. The MS-PL and MS-LPL are identical (to my quick read at least), except the MS-LPL restricts it to the Windows platform. Again, their code, their right. Would you like someone trying to tell you what kind of license you can release code you create under?
And to say that MS-PL and MS-LPL are 'purposefully similar' in name to GPL and LGPL is just being either disingenuous or ignorant of the facts.
Let's look at some of the more popular, well known licenses supported by OSI, and how similar they are to the GPL and LGPL:
From Open Source Licenses by Category:
GPL
LGPL
MPL - Mozilla Public License
CDDL - Common Development and Distribution License
CPL - Common Public License
EPL - Eclipse Public License
ECL - Educational Community License
APL - Adaptive Public License
OSL - Open Software License
QPL - Qt Public License
LPL - Lucent Public License
Now lets look at the MS licenses:
MS-PL
MS-LPL
MS-CL
MS-LCL
MS-RL
And you know what? Either phonetically, visually, or statistically (length, similarity of characters in similar positions, etc), the MS license abbreviations deviate farther from GPL and LGPL than do the other open source licenses supported by OSI.
The MS- in the front of each really distinguishes them. Maybe twitter would like to chime and and suggest that they should all be M$-.
About the only similarities are:
They all end with 'L'. But this is true for pretty much every license at OSI, so nothing unusual there.
One of MS's licenses ends with PL. So do a great number of other licenses at OSI, nothing unusual there.
MS has adopted a modifier pattern to their licenses to make some of them 'Limited'. MS-PL and MS-LPL, MS-CL and MS-LCL for example. This is similar in style to what FSF has done with GPL and LGPL, though its arguable that the 'Limited' has a nearly opposite meaning of what the 'Lesser' in LGPL has.
So in short, when looking at the license abbreviations, compared to the population of other OSI supported licenses, we see that the MS licenses vary far more from the GPL/LGPL than other OSI supported licenses do.
Based on this, it appears that, quite the opposite of your claim, MS went out of their way to make their license abbreviations easily distinguishable from the GPL and LGPL.
"It's an effort to split the open-source community into two camps, one around the GPL and "ideology," and another around the BSD and MS licenses and "pragmatism." In time, Microsoft can just grab all the code from the BSD and MS license camps, incorporate it into its own products, break compatibility, and walk away from the whole thing. At the very least they get a lot of work done for free, at the most, they've killed the GPL, which is open-source's main weapon against proprietization."
Well said!
IMO, the major difference between the GPL and "more liberal" licenses is the fact that with GPL licensed code, nobody can walk away with your code, modify it and sell it without showing the code. They *have to* give the added code back for everyone.
With BSD-like licenses, they can simply steal your work and you cannot do a thing about it.
With the GPL, it is now possible to take a corporation (however huge) to court over non-submission of modified code. In short, the GPL *protects* the programmer *and* the user from any single evil commercial entity robbing the good work.
No other license than GPL does this one thing so well.
One other pertinent point is that if you are a programmer of one open source project, you are most definitely the user of a few other open source projects. If they were all (or most) rebranded (cosmetic changes) and sold in competition to the original code, you have the user freedom problem yourself.
So, if A uses B,C,D and B and D are rebranded, A cannot use the good features added to B and D because it is proprietary and probably locked in to the underlying platform as well!
Now if A also were to be rebranded, B,C,D cannot use the good new features of A.
Eventually, A,B,C,D all stand to lose and the corporation wins just as they would in closed source scenario. A will be happy ONLY IF B,C,D are GPLed. Likewise for B,C,D about A.
This discussion is far from complete or perfect, but at least think well about this. Programmers who are lazy enough to accept the "shared" and "permissive" licenses without properly thinking of the possible consequences, are doomed to feel robbed and cheated eventually.
This *isn't* reverse-FUD. Think carefully, search online.
For example, OS X uses BSD code and sells more than any of the BSD code contributors can sell BSD individually or as a group.
As a programmer or a small team, you simply have no resources to match the marketing and sales tactics that earn the corporations their billions. Your BSD-licensed code has no chance to fight a re-branded *cosmetically* improved version of your product, sold in competition to your own.
That should clearly explain why the GPL is better - with the GPL *everyone* earns, even the corporation, but it *keeps them honest*.
Why WASTE MILLIONS marketing linux when web2.0 and http://savannah.gnu.org/task/?7027 allow dummy installation training?