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Theo de Raadt Responds to Linux Licensing Issues
bsdphx writes "While Theo may have a reputation of being "difficult" in some circles, this response to the recent relicensing controversy is thoughtful and well penned. Through this whole process I've learned some new things about both GPL and BSD licensing, and especially about combining the two."
He says that you cannotmodify a file to remove a license without permission, but he fails to acknowledge that a dual licensed file gives you that permission with the other license. If the GPL gives me permission to modify a file, then I can remove the BSD license from that file. If the BSD license gives me permission to modify a file, then I can remove the GPL license from that file. So long as I comply with the remaining license, I have permission to distribute the result, as the remaining license is what gives me legal permission from the copyright holder.
GPL fans said the great problem we would face is that companies would take our BSD code, modify it, and not give back. Nope -- the great problem we face is that people would wrap the GPL around our code, and lock us out in the same way that these supposed companies would lock us out. Just like the Linux community, we have many companies giving us code back, all the time. But once the code is GPL'd, we cannot get it back. Ironic.
No, not ironic. Just dishonest. You say all along that taking without giving back is the ultimate freedom, you criticise the GPL for not allowing more of this, you allow it for proprietary software, but just as soon as GPL software does something you consider to be similar (even though the source is still out there, it's unusable to you), then you have a problem? You can't get the code back from proprietary software either, but you don't bitch and moan when proprietary software does it, in fact you criticise the GPL for not allowing it. This just looks like you have a problem with the GPL, hold it to a higher standard than everybody else, including yourself.
So what he's basically saying is that he'd like modifications to the code to remain in the open. They should create a license that makes sure that always happens! Oh wait...
While it does appear that he could be wrong legally, he is quite right from an ethical perspective. There is a lot of great work being done by the BSD folks and it would be quite impolite to tell them, "Hey thanks for your code, but you won't get anything back from us". I think the right thing to do would be to continue to use the dual license for the work in question.
If you're very worried about your improvements being close-sourced, perhaps it would be better to write your driver from scratch, rather than cutting off one part of the community. A tiff between the BSD and GPL camps is the last thing we need.
Freedom is not worth having if it does not include the freedom to make mistakes. - Mahatma Gandhi
They made their rights clear when they licensed it under the BSD license. If you want others to share code, make it mandatory and use the GPL. If you just want credit for what you've written, you're still getting it with dual-licensed code. Oh, wait, you want to be able to use the changes as well under the original license? I'm sorry. Don't license it under the BSD license and expect someone else more comfortable with the GPL to make large changes and not use the GPL. The GPL is just more honest and upfront, and it's the GPL's fault?
The difference is that commercial entities which modify BSD code, compile it, and distribute binary-only distributions are not pretending to own the share and share alike happy friendly community open source high ground. The Linux community does try to own this high ground, really to the point where BSD gets no credit for having the less restrictive (more "open" and more "free") license. What Theo is saying is that if the Linux community wants to maintain its hold on this high ground, they should play fair with code they get from BSD, and share back with that project. Good in the world would be reduced if this turned into a war. Imagine BSD projects getting relicensed as a lever against Linux, say some sort of clause which prohibits dual licensing, and requires non-commercial entities to share code back to BSD. It could get uglier than that, but it probably won't, since the BSD camp has a long history of being the most open and free of free open source licenses, it's unlikely they would start using their license as a weapon at this point.
If you mod me down, I shall become more powerful than you could possibly imagine.
Exactly right! Except "grab something from the fridge" is very fuzzy, while the GPL and BSD are very specific about what exactly they mean, and have been debated to death. By now everybody understands exactly what the BSD means.
Now the lesson is this: If what you feel and what say do not match, then you're going to have problems, and they'll only be your fault.
If you say "Feel free to borrow my lawnmower whenever you need", and then your friend takes it right when you needed it, and that annoys you, whose fault is that? Your.
If you say "Feel free to take my source and do whatever you want with it", and then they do, and the conditions under which they license it annoys you, whose fault is that? Your.
The problem here is exactly this: Some people licensing software under the BSD do it trying to appear more altruistic than they actually are (not saying this is all of them though). In this case Theo seems to be demonstrating that what he thinks should happen with his code, and the terms he actually licensed it under differ.
If there's something you don't want to be done with your software, don't release it into the public domain or under the BSD.
If you don't actually want to have your project forked or built upon, don't release it under the GPL.
If you don't want to have friends suddenly show up at 3AM, then don't tell them they can do that just because you wanted to look polite.
If you offer to drive somebody somewhere, and that they actually accepted your invitation annoys you, then you shouldn't have done that.
IMO, trying to appear more polite and altruistic than you actually are is the cause of much annoyance in the world.
It's about PERSPECTIVE, dude. I don't know if you're being facetious, but things are relative. Just like in OO programming, if two objects are effectively identical in behavior and interface, they are interchangeable.
From a BSD coder standpoint, the GPL IS no different from a proprietary license. Well, there is one difference. It's a white box instead of a black box. I can go in and see how it works and come up with my own algorithms. I could do it with a the black box as well, but it takes longer. But the reason why its no different is because as a BSD coder, I am no more able to use the GPL code DIRECTLY in my work as I am with a company that has locked it up.
And that is PERFECTLY FINE. GPL or proprietary, someone has found a use for BSD code and it moves on. Directly or indirectly, EVERYONE benefits. But IF you are going to share anyway (note the big 'if'), why can't you share with the BSD coders who made it possible?
because it is a legal document.
It is not "illegal" if the license permits it. The license says:
Now, if someone makes the tiniest change to the code and only licenses their change under the GPLv2, then the entirety of the software can only be distributed under the GPLv2, which means that the portions of the BSD license simply are not applicable anymore.
The usual way of doing this would be not to alter the existing copyright notice, but to add a second copyright comment that says something like: "Portions of this code are copyrighted by John Smith and are licensed under the GPLv2. Please note that as a consequence, the entirety of this file may only be distributed under the terms of the GPLv2."
The effect is, however, the same: the file can only be distributed under the GPLv2, and the result is perhaps more confusing to users, which is why deleting the now inapplicable part of the original license is probably better.
The fundamental issue that this kind of dual-licensed BSD/GPLv2 code can be turned into GPLv2 code is unavoidable, however: that's the purpose and intent of dual licensing. Note that the reverse is also possible: someone can make additions to the code and only license those under the BSD license, killing the GPLv2 portion of the license.
(I won't even comment on Theo's use of terms like "illegal" and "breaking the law" other than to say that it's inflammatory bullshit.)
The point is that the original code could have continued to be dual-licensed and then it would have helped both BSD and GPL camps. By removing the BSD license (which they may not have the rights to do - IANAL but maybe that can only be done by the original copyright holder), they have now cut off part of the community. That is not ethical, IMHO.
I'm generally a strong believer in the GPL, but in this case I find myself sympathizing with Theo. Also, even though the BSD license allows anyone to close the source, in general, the BSD developers like to have changes given back - they just don't like forcing people to give back improvements. It's like an honor system, and in this case they feel changing the license to GPL was dishonorable, especially since the Linux devs should have known better.
Freedom is not worth having if it does not include the freedom to make mistakes. - Mahatma Gandhi
If a job's not worth doing, it's not worth doing right.
"But IF you are going to share anyway (note the big 'if'), why can't you share with the BSD coders who made it possible?"
Is this an honest question? Isn't it obvious that the GPL folks will not do that because they cannot just share it with the BSD coders who made it possible. To share it with the BSD coders, they would also have to share it with the lock up coders. Something they are unwilling to do and hence their choice of the GPL and not the BSD in the first place. Do you see some third way I am not getting right now?
all the best,
drew
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