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How Many Open Source Licenses Do You Need?

jammag writes "Bruce Perens, who wrote the original licensing rules for Open Source software in 1997, notes that there are a sprawling 73 open source licenses currently in existence. But he identifies an essential four — well, actually just two — that developers, companies, and individuals need. In essence, he cuts through the morass and shows developers, in particular, how to protect their work. (And yes, he favors GPL3 over GPL2.) For his own coding work, he's fond of the 'sharing with rules' license, which stays true to the Open Source ethos of shared code yet also enables him to get paid by companies who use it in their commercial products."

276 comments

  1. Over 9000 by Reality+Master+201 · · Score: 2, Funny

    Maybe more.

    1. Re:Over 9000 by arogier · · Score: 1
      It like asking how many axioms there need to be, or how many languages are needed to develop a project. As many as is necessay, while recognizing Godel's incompleteness theorem.

      Your license can either be complete or consistent.

      Imaginary property law exists for a reason.

  2. Hi again by Bruce+Perens · · Score: 5, Informative

    Hi Folks,

    I happen to be at my desk again today, and can discuss this article, if any of you have questions or, more likely, comments :-)

    If I write 30 responses, there will be a break. Slashdot locks me out for four hours after 30 postings from one IP.

    Bruce

    1. Re:Hi again by blane.bramble · · Score: 1

      Surely the answer in most cases, and for most people, is 1. However that may not be the same 1 license that anyone else needs.

    2. Re:Hi again by gclef · · Score: 4, Interesting

      Hi, Bruce,

      While I agree in general that there are too many licenses, one of the problems I ran into (which you mention in passing) was that I'm not necessarily the one who gets to decide what license I'm using. When I talked with my organization's lawyers, they didn't care about license proliferation...they cared only about what they thought was important. So, we ended up with a modified BSD license: the standard 3-clause plus one more to address the lawyer's concerns...personally I think the fourth clause is redundant, but I'm not a lawyer, so they weren't listening to me.

      In short, while I think it's good to get this group (ie, the coders) to start agreeing on licenses, the lawyers that we talk to need a bunch of education also. They all seem to want to customize licenses.

    3. Re:Hi again by WindBourne · · Score: 1

      Hmmm. I think that what you really want to say is that 2 (or 4) are fine with you. The simple fact is, that many companies do not agree with these 4 BECAUSE they do not handle every situation. Saying that a very limited number should work for everybody would be like saying that 1 OS or even 640K will work for everyone.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    4. Re:Hi again by thermian · · Score: 2, Interesting

      There is, is there not, a difference between 'need' and want. After all we probably only 'need' a small number of programming languages, but we have, and want, many.

      It would, I beleive, be a mistake to cut down the number of licences. Evolutionary theory makes it quite clear that lack of diversity leads to a much higher liklihood of extinction in the event of a crisis, and Open Source is no exception.

      Personally I'm very boring in my licensing. I use the GPL, or I just public domain my code without any if its trivial enough.
      That said, I did do a lot of research when making my choice of licence, and while I wouldn't have minded it if the process of reviewing licences were simpler (like for instance a site where you describe your project and people suggest licence types), I didn't think there were 'too many'.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    5. Re:Hi again by Bruce+Perens · · Score: 3, Insightful

      The simple fact is, that many companies do not agree with these 4 BECAUSE they do not handle every situation.

      Well, if you want me to believe you, try showing how those licenses don't satisfy a particular business purpose that would be satisfied by one of the other 70. Cite the particular text of the licenses that applies to the business purpose you're interested in.

      The point here is that we need to be more analytical about this issue.

      Bruce

    6. Re:Hi again by mpthompson · · Score: 1

      Any pointers to a fairly concise guide to what issues need to be considered when dual licensing software or pursuing the option you describe as "sharing with rules"? I'm working on code that I would like to offer under GPL3, but I would also like to retain the option to offer it to commercial companies as well. Maintaining copyright ownership of the entire codebase seems obvious first step, but it seems the devil is in the details of how one might go about this if other developers become interested in contributing to the project.

      Lessons you learned (both negative and positive) while pursing a "sharing with rules" licensing approach would be useful to those of us wishing to follow this model.

    7. Re:Hi again by Bruce+Perens · · Score: 4, Insightful

      The hard part is giving contributors an incentive to sign over their copyright (or at least a right to relicense). It worked for MySQL because people wanted their contributions to be in the supported version of the server, which everybody else was hacking upon. It did not work for Sun, but then again Sun handles Open Source horribly. Marten Mikos just left there, following Monty out the door.

      Maybe I'll write an article about dual-licensing in the future.

      Thanks

      Bruce

    8. Re:Hi again by Anonymous Coward · · Score: 1, Informative

      I'm sure that Bruce doesn't need to get hairballs.

      Next thing you know, you're in a high profile meeting, and you start hacking up a big glob of fur. It's just isn't professional. Never mind the being-on-all-fours with an arched back as you hack this glob of hair up.

      Unless you're talking about one of those hairless cats.

    9. Re:Hi again by noidentity · · Score: 1

      If I write 30 responses, there will be a break. Slashdot locks me out for four hours after 30 postings from one IP.

      Would a web proxy work around this?

    10. Re:Hi again by Anonymous Coward · · Score: 0

      Please cover Digium's Zaptel driver. I bought one of their cards several years ago because it had an open source driver. However, I have found it annoying that they haven't upstreamed it yet. The next time I have money to spend on a toy like this, I will be looking at other companies' products to see if one of them works better with the kernel devs.

    11. Re:Hi again by TheLink · · Score: 1

      "try showing how those licenses don't satisfy a particular business purpose "

      Doesn't help justify some lawyer's existence ;).

      --
    12. Re:Hi again by Richard_at_work · · Score: 1

      Bruce,

      I would just like to thank you for including a non-GPL based license in the recommended list - I fully expected your list to be completely dominated by forced-sharing licenses, and its a breath of fresh air to have a popular public figure acknowledge that there is certainly a place for gift licenses in the software community.

    13. Re:Hi again by gbjbaanb · · Score: 1

      I liked the article, but the ending could be a little clearer - like most web review sites, put big bold letters for the 'winners' in each of your 3 categories. The Bruce Perens Recommended, Seal of Approval, Best Buy licences.

      And I'd drop GPL3 in favour of Affero regardless, if GPL3 is a 'share me' licence and you want sharing to take place; then Afferro should simply supercede it to give all that lovely share-and-share-alike protection with extra sharing on top.

      Next: get sourceforge and others to hide the other licences away in a sub-menu to gently persuade users to choose one of the main 3 to give them more universal acceptance. 3 licences that are easy to understand their intent is far preferable to having to read one to find out what category it falls into.

    14. Re:Hi again by vyrus128 · · Score: 1

      Don't waste a response on this, but maybe you should look into asking Slashdot to give you a no-flood-control bit. If they don't have one they really should. Anybody who's famous enough to be responding to comments on an article can probably be trusted not to spam the site; and it would be nice if those people could do so without having to worry about getting blocked. (I'm thinking also of NewYorkCountryLawyer here, who probably runs into the same problem.)

    15. Re:Hi again by jonbryce · · Score: 1

      I don't think Affero is appropriate in every case. Would it be reasonable to expect Slashdot to distribute the source code for every singe program they run on their webserver? Certainly, I can see a case for requiring distribution of the source code for Slashcode, maybe, but not all the other stuff that comes as part of a standard GNU/Linux distribution.

    16. Re:Hi again by Bruce+Perens · · Score: 4, Insightful

      Evolutionary theory makes it quite clear that lack of diversity leads to a much higher liklihood of extinction in the event of a crisis, and Open Source is no exception.

      If you want your software to survive a Darwinian catastrophe, which in this case means a successful challenge in court, the most important thing is having the possibility to relicense it. FSF would have you use their "and any later version" text so that this is possible.

      Other than that, the main difference between licenses is popularity. GPL currently wins the popularity contest. But it seems to me that incompatibility is too big a cost if the benefit is just the popularity contest.

    17. Re:Hi again by Bruce+Perens · · Score: 2, Insightful

      The AGPL3 requires distribution only of programs that actually present interfaces to the outside, not every program. Slashdot used to distribute the slash code. That was back when anyone would have wanted to run it rather than something like wordpress. That code bore the cost of history - its paradigm predated the more elegant web programming platforms, and that showed. I don't know what it looks like today.

    18. Re:Hi again by Bruce+Perens · · Score: 5, Insightful

      maybe you should look into asking Slashdot to give you a no-flood-control bit.

      Slashdot, or at least commander taco, has generally been unwilling to do anything to help me.

      If I had submitted this article to Slashdot directly, they would not have published it.

      Bruce

    19. Re:Hi again by Anonymous Coward · · Score: 0

      <sarcasm>Yeah, because "famous" people are better than everybody else, and should get to play by different rules.</sarcasm>

    20. Re:Hi again by jonbryce · · Score: 1

      What about the copy of exim they use to receive email? That presents an interface to the outside world. Should exim be released under the AGPL rather than the GPL? I don't think it should, because it would place too much of a burden on users of the software without any real benefit to the open source and free software communities.

      Personally when I installed my server, I ticked the box for an smtp server and let it get on with it. I don't even know which one I got. Anyone who is interested in modifying smtp servers can find the source code for the servers used by Debian / Red Hat / SuSE etc very easily.

      If, instead of a generic smtp server, it was a webmail system that rivalled Yahoo, Hotmail or GMail, then I may well expect to see it licenced under the AGPL.

    21. Re:Hi again by Arslan+ibn+Da'ud · · Score: 1

      Well, if you want me to believe you, try showing how those licenses don't satisfy a particular business purpose that would be satisfied by one of the other 70.

      Doesn't the GCC compiler use a modified version of the GPL? Don't remember details, but there is a modification of the GPL that specifically permits you to write closed-source code and compile it using GCC (without your code becoming GPL). And IIRC flex & bison have similar exemptions.

      --

      Practice Kind Randomness and Beautiful Acts of Nonsense.

    22. Re:Hi again by Anonymous Coward · · Score: 0

      73 choose 2 is 2628, not 5256.

    23. Re:Hi again by Bruce+Perens · · Score: 3, Insightful

      GPL2 and GPL3 includes the "system library exception" text. There is also a special license on the GCC runtime.

    24. Re:Hi again by mlinksva · · Score: 1

      Should exim be released under the AGPL rather than the GPL? I don't think it should, because it would place too much of a burden on users of the software without any real benefit to the open source and free software communities.

      It wouldn't place a burden on most users, who don't modify the source, so aren't required to provide it. See section 13 of http://www.gnu.org/licenses/agpl-3.0.html though IANAL... MTAs perhaps should not be AGPLd, but in general I'd see the pain of making network service source available a challenge that could lead to good things. It would be cool if service deployment made it natural to expose source of the running application. I speculate that deployment from a DVCS will be a winner for such purposes.

    25. Re:Hi again by Bruce+Perens · · Score: 3, Insightful

      AGPL would be an appropriate license for a mail server. It doesn't place a burden on the user, only the developer or one who would modify the software.

    26. Re:Hi again by andrewjjenkins · · Score: 1

      There's a difference between "deriving from a free software program" and "using the output of a free software program." You can use gcc to compile non-free programs, just like you can use OpenOffice to write a non-free report or book. In both cases, the product of the program is non-free, even though the program itself and any derivatives of the program have to be GPL. Bison 2.4.1 is plain GPL3. Flex isn't GPL at all. GCC is plain GPL (v2 and v3). Check out the GPL faq.

    27. Re:Hi again by Bruce+Perens · · Score: 2, Insightful

      Can I have a bit more detail? Digium has a driver that they haven't distributed at all, or they just haven't given it to Zapata Software (creators of Zaptel), or they haven't done anything to fix it in years?

    28. Re:Hi again by Anonymous Coward · · Score: 0

      you can combine bsd code with gpl and release under gpl, but not bsd with gpl and release under bsd

      (captcha: ignorant)

    29. Re:Hi again by Anonymous Coward · · Score: 0

      So, this is a challenge?

    30. Re:Hi again by Chris_Jefferson · · Score: 1

      I do not believe (but of course IANAL) that you can use GPL v3 code in iPhone applications, as they have to be DRM signed by Apple. However, you can make GPL v2 applications for the iPhone.

      --
      Combination - fun iPhone puzzling
    31. Re:Hi again by Timothy+Brownawell · · Score: 1

      I do not believe (but of course IANAL) that you can use GPL v3 code in iPhone applications, as they have to be DRM signed by Apple. However, you can make GPL v2 applications for the iPhone.

      I'm pretty sure that only applies to software that's bundled with the hardware. So Apple / AT&T can't sell iPhones with GPLv3 software preloaded, but putting GPLv3 programs in the app store should be OK.

      (This is of course discriminatory and non-free, but nobody seems to care about that.)

    32. Re:Hi again by hedwards · · Score: 1

      I'm not sure that numbers of licenses is a problem, it's really more a matter of having too many similar licenses. Having a large number of nearly identical licenses causes far more problems than just having a large number.

      Well, that and the fact that we'd probably be better off having a dozen or so boilerplate licenses and just add a few relevant bits for customization as needed.

      Having 200 licenses is fine if there's a genuine reason to have that many, if a rider or simple addition isn't enough. But it definitely isn't desirable.

    33. Re:Hi again by maxume · · Score: 2, Interesting

      You spent years pissing in their pool and insinuating that they were childish.

      Is it really so surprising that they fail to give you special consideration?

      --
      Nerd rage is the funniest rage.
    34. Re:Hi again by Bruce+Perens · · Score: 1

      GPL2 has problems with signed applications as well.

      For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable.

      You can make a pretty good case that this involves the secret key used to sign the application, if it won't work otherwise.

      Thanks

      Bruce

    35. Re:Hi again by Tomun · · Score: 1

      Hi Bruce,

      Nice article. As I was reading it I was all ready to disagree and post here complaining that you didn't include the AGPL, but there it was on page 4. So thanks for introducing this license to so many that didn't know of it's reasons for existence.

    36. Re:Hi again by Tacvek · · Score: 2, Informative

      From his wording, it sounds as though this was simply just an out-of-tree kernel driver, which was not highly maintained, (Out of tree kernel drivers require an enormous amount of work to maintain, so they often don't get maintained properly. This is why out of tree kernel drivers are frowned upon. Drivers in the kernel tree automatically have basic maintenance (updates to code when API's change), such that only minor work is needed to maintain the driver.)

      This really is not be a license issue, or anything that you could do much to fix (except perhaps pester Digium to get the driver into the kernel tree.) It may be worth reminding companies that working with the community when they use or modify Open Source software can save time and effort in some cases. Kernel drivers are a good example of that, but far from the only one.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    37. Re:Hi again by Anonymous Coward · · Score: 0

      DAHDI drivers (which is the new name of Zaptel) derives from Zapata but I think this is not the other AC wanted to point.

      DAHDI drivers are not contributed to Linux. IMHO Digium do not even want to try because they fear that kernel dev would point at too many issues in their drivers, which are far below the quality of Linux, even if they are still a little better than the quality of Asterisk itself, which is ... interesting to stay polite.

    38. Re:Hi again by shutdown+-p+now · · Score: 1

      I think the #4 license should be something along the lines of Creative Commons Attribution-Noncommercial. It is a fairly distinct class from both BSD-like/Apache, and GPL & LGPL.

    39. Re:Hi again by jonwil · · Score: 1

      Could that argument be applied to any of the many devices that run Linux but which only accept signed kernels? Or is that a different matter altogether (which is where Tivoization and the GPLv3 comes in)

    40. Re:Hi again by setagllib · · Score: 1

      I think that's moot, since all Debian packages are also signed with an unreleased private key, only conditional on trust rather than payment. If it's a problem to sign an iPhone application before distributing it, surely it's a problem for Debian packages as well.

      --
      Sam ty sig.
    41. Re:Hi again by setagllib · · Score: 1

      Actually no, I see your condition that it only matters if it's necessary for the application to work. A Debian package can certainly be compiled from its upstream source without signing, but an unsigned iPhone application wouldn't run without a jailbreak or a simulator. I'm wrong, carry on.

      --
      Sam ty sig.
    42. Re:Hi again by Bruce+Perens · · Score: 1

      IMO it's always applied. This is one reason that I feel the complaints about GPL3 from the kernel team were at least somewhat mis-directed. GPL2 had the same stuff they were complaining about, just less obviously.

    43. Re:Hi again by Bruce+Perens · · Score: 1

      I agree. A signed executable is only a problem if some feature of the device is disabled without the signature. In the case of Debian's signed packages, you're given the choice to ignore the fact that there's no signature, you can disable the signature code permanently, and you have the source code for that system and can modify it any way you like.

    44. Re:Hi again by Anonymous Coward · · Score: 0

      Whilst these cover most cases, there is a need for special-purpose licenses, such as the LaTeX Project Public License, which is more-or-less similar to the GPL2 but has the extra requirement that any derivative product must have a different name, unless it is accepted by the maintainer of the package as the new official version. Knuth used a similar provision for TeX, in which he stated that any TeX-derived program must either pass stringent tests to prove that the output is identical, or have a different name.

      Naturally, those special purpose licenses shouldn't be used when they are not needed.

    45. Re:Hi again by jonwil · · Score: 1

      If it has always applied, why haven't we seen some lawsuits against companies (like Motorola with the MOTOMAGX platform or HTC with the G1 for example) who lock their devices to only accept signed kernels.

    46. Re:Hi again by Bruce+Perens · · Score: 1

      Because the kernel developers don't want to bring the lawsuit. It has to be on behalf of the copyright holders.

    47. Re:Hi again by drinkypoo · · Score: 1

      Calling a license "forced-sharing" is ridiculous. Nobody is forcing you to use their code.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    48. Re:Hi again by Anonymous Coward · · Score: 0

      Shit, crazy moderation system. That got modded 'Funny' instead of 'Informative'.

    49. Re:Hi again by drew · · Score: 1

      I'll try to avoid taking one side or the other in the GPL2 vs GPL3 debate today. That said, FTA...

      Linus' discomfort [with GPL3] stems from a personal issue, so I tend to discount him in this case.

      How is that different from somebody claiming that "RMS' preference of copyleft over non-copyleft licenses stems from a personal issue, so I tend to discount him in this case"?

      As I understand it, Linus has objections to GPL3 because he believes that one of the "shortcomings" of GPL2 that GPL3 is intended to address is actually a feature, and it seems he is not alone in that belief. While I know you don't agree with that position, it doesn't seem very fair to brush it under a rug with a brief sentence discounting it as a "personal issue".

      Other than that, good article, although I was a little surprised to see the Apache License recommendation. I seem to remember there being a big firestorm of complaints when it was first announced. I wonder if the license was revised or if, like GPL3, most of the initial outrage was merely due to misunderstandings of the early drafts?

      --
      If I don't put anything here, will anyone recognize me anymore?
    50. Re:Hi again by Bruce+Perens · · Score: 1

      According to FSF, Apache 2.0 is still incompatible with GPL2, but not GPL3, due to a minor issue of wording.

      The anti lock-down provision in GPL3 that the kernel team doesn't like also exists in GPL2. The wording is less obvious in GPL2, but it's there.

      Thanks

      Bruce

    51. Re:Hi again by INowRegretThesePosts · · Score: 1

      Bruce said that the Slashdot posts were often childish, but I don't remember he saying that Rob Malda himself was childish. I see no reason for Malda to take it personally.

      And by the way, Slashdot *is* childish. I used to be far more enthusiastic about this site, but I got tired of the rebel teenagers that dominate many discussions. Technical discussions are quickly turned into rants against every company, "capitalism", the government ("the man") - many involving conspiracy theories and manichean political views such as "don't vote, because the Repulicrats are in the companies' pockets, and it doesn't matter who you vote to because the companies always win".

    52. Re:Hi again by minimalOne · · Score: 1

      undo mod

  3. Well, actually it's a matter of preference by Anonymous Coward · · Score: 0

    How many do we need? Why does that matter? If you don't like a particular license, don't use the software. Just because Perens is pedantic doesn't mean a thing. I'm sorry we can't tidy up the world for you, Bruce, and put everything in one of four arbitrary little boxes. Freedom means free, and that includes being free to define a license any Goddamn way you want.

    1. Re:Well, actually it's a matter of preference by PrescriptionWarning · · Score: 1

      Its that kind of attitude that has us see all of these click through licenses that users don't ever read or really acknowledge or much less actually understand how it holds up in court. If there were only 2, 3, or up to say 5 different standard licenses that ANY application could choose to use, that would make things easier to users, developers, businesses, et al.

  4. A question of values by CRCulver · · Score: 3, Insightful

    Obviously you need a license that matches your values. If you think the same way as Stallman, who has communicated his principles in such places as the biography Free as in Freedom and the Free Software Song, you'll chose his license. If, on the other hand, matters of "hoarding" don't worry you at all, you'll chose another license. The quest for the one true open source license is an unreasonable expectation that human beings all think the same.

    1. Re:A question of values by jellomizer · · Score: 2, Funny

      I think I agree with your point. That the developer should choose a license that they agree with for their product. However you wording is kinda off. RMS has a unique view of Software, Business and the world, and really isn't open to opposing ideas, and likes to place people in Good and Evil Categories, with a thin gray area.
      While others don't see the world like that there is much more of a gray area and different ideas of fair use.

      Such as Free for Personal and Education however if you are going to make money off that software you should get a cut too.

      Or the FreeBSD license where you are OK if the people take you code and use it without any extra responsibility.

      Then there others who say they don't want their code used for Military/Government use.

      Others want full control of the product and doesn't want it to fork.

      The GNU isn't the only game in town and it may not be the most moral as well. Such as the "TiVoization" distinction between Consumer User application and Corporate use applications, aka Lets be nice to IBM who is a big supporter, and let some things slide for them.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    2. Re:A question of values by Bruce+Perens · · Score: 3, Informative

      Obviously you need a license that matches your values.

      The purpose of my article is to get you to explore those values and select a set of licenses that really match them. Some of the people who select GPL do so not for Richard's given reasons but for business purposes. I would not want to mislead them that their values demand a "gift" style license which is less effective for their particular business purpose. And making Free Software under the BSD license is not incompatible with Richard's philosophy. Remember that Richard is against software being copyrighted, and BSD licensing is pretty close to abandonment of copyright.

      Thanks

      Bruce

    3. Re:A question of values by onefriedrice · · Score: 2, Insightful

      I think that your statement can pretty much end the discussion. Summarized: Choose the license that most closely matches your values of code sharing and the needs of your project. It's not any more complicated than that, and discussing license consolidation is next to useless since it will never happen for the obvious reason that everybody has different values and project needs.

      I tend to stick with BSD/MIT-style licenses, but I have absolutely no problem at all with people who like and use GPL licenses. A license is a tool. I'm not going to get religious about what license a person chooses to use any more than I will if they choose to use a wrench versus a hammer when building furniture.

      License consolidation may have some practical benefits, but mostly it reeks of religious zealotry trying to fit us all into one mold.

      --
      This author takes full ownership and responsibility for the unpopular opinions outlined above.
    4. Re:A question of values by moderatorrater · · Score: 1

      I agree. The license should reflect what the programmer wants. If you look at closed source software, there are almost as many licenses as there are programs, because each program wants to restrict you differently. With open source that are usually just a few large categories with numerous sub-modifications. The three big categories being completely free (MIT license), free with restrictions (GPL), and finally the ones where the code is open, but you're not necessarily allowed to use it (Microsoft open license types). Subcategories may include differences between personal and profitable use, military vs education, etc. It's amazing how often people argue for freedom, and then criticize people when they use it "wrong".

    5. Re:A question of values by SanityInAnarchy · · Score: 2, Insightful

      I think the problem is that RMS has encoded his values into his license, and one of those values is, "Proprietary software is evil."

      My main problem with the proliferation of licenses is, even if using 100% open source, you're not necessarily in the clear -- BSD and GPL don't fix, for example. But, less than that, like the LGPL, is problematic because it could be linked into a proprietary program, not just free ones.

      Lately, I have been leaning towards MIT-licensed stuff, mainly because the license is short, sweet, well-understood, and compatible with just about anything. I'd much rather have my work used for proprietary programs than become complete abandonware, even among open source, for licensing issues. And thanks to Steamboat Willie, a poor choice of license can't be fixed (except by explicit permission from all copyright holders, likely meaning all contributors) for over a hundred years -- so I'm actually really tempted to follow sqlite and release as public domain.

      I would feel much differently if everything passed into the public domain in 15 years, and patents lasted 5 years.

      --
      Don't thank God, thank a doctor!
    6. Re:A question of values by SanityInAnarchy · · Score: 1

      Remember that Richard is against software being copyrighted, and BSD licensing is pretty close to abandonment of copyright.

      Richard seems to prefer "copyleft" to no copyright at all...

      And why not go all the way and start public domaining stuff? SQLite is public domain, for example.

      --
      Don't thank God, thank a doctor!
    7. Re:A question of values by Bruce+Perens · · Score: 2, Interesting

      And why not go all the way and start public domaining stuff? SQLite is public domain, for example.

      Mainly because we want to be protected from patent lawsuits. It's really painful to give your stuff away with no strings and get sued for your trouble. The Apache license tries to protect you from that.

      Bruce

    8. Re:A question of values by sumdumass · · Score: 1

      I was with you all the way up to the Steam boat Willie comment. It just turned you into a raving lunatic who has succumbed to conspiracy theories and such.

      All Changes in US copyright law have resulted from participation in treaties with Europe, most of which, even the copyright extension act that only extended copyright by 20 years, were after the fact changes that Europe has already implemented before we made the change. You can't look at the time line and the rest of the world while still making the connection your attempting to. If I support something you caused to happen, it doesn't mean I made it happen, it means that I supported you making it happen.

    9. Re:A question of values by jonbryce · · Score: 1

      Stallman understands that in some cases, a strict copyleft licence isn't appropriate. He approved the LGPL licence for that reason, and in the case of ogg vorbis, he agrees that the BSD licence is the most appropriate.

    10. Re:A question of values by jonbryce · · Score: 1

      But now we in Europe are being asked to agree to a copyright term extension as part of a participation treaty with the US.

    11. Re:A question of values by SanityInAnarchy · · Score: 1

      So, what was CTEA about?

      In particular, it is well-known that Disney lobbied for this act, in the year in which Steamboat Willie would have gone public domain. I really don't think that makes me a "raving lunatic" for making that connection.

      Granted, Europe already had that level of protection, but we should have been moving in the other direction.

      Perhaps I should have worded it differently, but look at copyright as it was originally defined: 14 years with a 14-year renewal, if the author is still alive. That's a total of 28 years. Why isn't that sufficient? If you can't make a profit after 28 years, why not let it pass into the public domain? If you did make a profit, why should you be allowed to continue collecting royalties without working -- how is that better for the common good than forcing you to continue to create?

      --
      Don't thank God, thank a doctor!
    12. Re:A question of values by sumdumass · · Score: 1

      What terms are those? Terms that would be considered parts of the DMCA?

      If so, your actually wrong, the DMCA is the response to the WCT and http://www.wipo.int/treaties/en/ip/wppt/ >wppt WIPO treaties. The EU signed onto these and directed the EU countries to adopt them. This is probably what your talking about.

    13. Re:A question of values by jonbryce · · Score: 1

      It is the term for sound recordings - currently 50 years, and it is proposed that it should be extended to 95 years.

    14. Re:A question of values by chiui · · Score: 1

      And thanks to Steamboat Willie, a poor choice of license can't be fixed (except by explicit permission from all copyright holders, likely meaning all contributors) for over a hundred years

      Good point. I think you can still add an exception to your license so that N years after the publication everything goes in public domain or BSD.
      It would be a good policy for every open source author.

      --
      Moderation is overrated.
    15. Re:A question of values by sumdumass · · Score: 1

      So, what was CTEA about?

      The CTEA was a vehicle to address the A href=http://en.wikipedia.org/wiki/Directive_on_harmonising_the_term_of_copyright_protection >the EU's Copyright Duration Directive (93/98/EEC) standardizing of copyright terms. With the US honoring European copyright and vice versa, there was a need to make them the same terms otherwise all US copyright could be default get extra time by registering in a European country. The US would have to honor those terms per the berne convention. The 1993 directive that set this in motive was also the fruit of combined efforts in talks between getting the US to sign onto the Berne convention and the 1994 Uruguay Round Agreements Act (URAA). In both those talks, the differences in time tables for terms was a key point pressed.

      In particular, it is well-known that Disney lobbied for this act, in the year in which Steamboat Willie would have gone public domain. I really don't think that makes me a "raving lunatic" for making that connection.

      The sky catches on fire every morning in the east and burns to the west where it goes out to be reignited the next morning. Just because something looks a certain way doesn't make it true. There are plenty of legitimate and on the record explanations for the copyright extensions. Continuing to cite a fable created to raise opposition to the law does make you a raving lunatic when you present it as if you believe it. Disney's support for the bill is nothing but ancillary to why it was created and the purposes it served. I benefit when you buy things, I support you buying things, I didn't cause you to buy things. See how that works?

      Granted, Europe already had that level of protection, but we should have been moving in the other direction.

      Europe had copyright terms much longer then those required by the Berne convention. However, during the talks to get us in line with the berne conventions and to get Europe to add some concessions like the EU directive that harmonized the copyright terms to a single more sane unit, we agreed to all go to the same term limits provided that one close to the berne convention's could be found.

      Perhaps I should have worded it differently, but look at copyright as it was originally defined: 14 years with a 14-year renewal, if the author is still alive. That's a total of 28 years. Why isn't that sufficient? If you can't make a profit after 28 years, why not let it pass into the public domain? If you did make a profit, why should you be allowed to continue collecting royalties without working -- how is that better for the common good than forcing you to continue to create?

      Step back dude. Don't take my fascination with reality to imply that I support the copyright in it's current incarnation. All of your questions assume I hold a position that is never brought up in what I said. Saying that balloon is blue, not red, does not imply that I like or dislike balloons or even you. Don't assume that because I corrected part of the statement, that I'm against or for the point. I'm against fables being told in an attempt to vilify something when they are obviously false and apparent to anyone willing to invest the slightest bit of independent thought over the actual situations that transpired.

      Here is a hint, if your source for anything regarding this even mentioned Steamboat Willie then your on a biased and misinformed site. Here is an example of misinformation. Someone named SanityInAnarchy moved into the neighborhood about 6 months ago, he brought so much evil and despair with him that all the sudden all the leaves on all the trees started turning brown and falling off. He's pure evil I will tell you. It's mid February here in the northern US and there is no life to be seen. All the crops are dead, the leaves on the trees are gone, and for what little life continues to exist, it g

    16. Re:A question of values by Anonymous Coward · · Score: 0

      I think the problem is that RMS has encoded his values into his license, and one of those values is, "Proprietary software is evil."

      You misunderstand the point of the GPL if you think that's "the problem." For RMS and the Free software foundation, that is the the reason for the GPL. He wrote the license to stop the spread of proprietary software.

    17. Re:A question of values by jopsen · · Score: 1
      Offtopic:

      I would feel much differently if everything passed into the public domain in 15 years, and patents lasted 5 years.

      I like the idea, but how much stuff do you write today, that will actually compile in 15 years, and much more interesting be used by anyone?
      Okay, maybe if you're really cool some of what you do will still be present in some derivative works... But really, what projects today will be of any interest in 15 years?

      I certainly don't see code from 1994, that I don't want to touch because of license issues... (Which is probably because I don't see much code from 1994)

    18. Re:A question of values by SanityInAnarchy · · Score: 1

      Here is a hint, if your source for anything regarding this even mentioned Steamboat Willie then your on a biased and misinformed site.

      Like Wikipedia.

      Here's a hint: The mere mention of something is not enough to assume bias. Context matters.

      Someone named SanityInAnarchy moved into the neighborhood about 6 months ago...

      See, that's not drawing the wrong conclusion from existing facts. That's inventing facts out of whole cloth.

      With the US honoring European copyright and vice versa, there was a need to make them the same terms otherwise all US copyright could be default get extra time by registering in a European country.

      I'm not sure I see why that's a problem. Nor do I see why creators would actually bother -- we're talking about something that won't happen until many years after you're dead.

      Nor do I see why the US would cave to foreign pressure, instead of suggesting that Europe reduce its copyright by 20 years. By suggesting that domestic lobbying may have played a large role here, I am not declaring that the sky burns in the east. Rather, by suggesting that it played no role in that decision, you are putting your hand in the fire again and wondering if it will hurt this time -- you are ignoring the amount of influence that such media companies have, both here and abroad -- see the current Pirate Bay trial.

      --
      Don't thank God, thank a doctor!
    19. Re:A question of values by Tacvek · · Score: 1

      Richard Stallman also wants to help level the playing field a bit. Little would encourage companies not to make more proprietary software if all Free Software or Open Source Software code was in the public domain or under a simple permissive license. Companies would obviously be willing to borrow heavily from said code. They would not be willing to license their own software that way (while some are willing to license code under some form of strong or weak copyleft.)

      That is why Stallman prefers copyleft. It encourages companies to consider contributing code to the public.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    20. Re:A question of values by sumdumass · · Score: 1

      Like Wikipedia.

      Here's a hint: The mere mention of something is not enough to assume bias. Context matters.

      Great, your going to turn this into an accuracy of Wikipedia argument. OK, sure, it's biased. The entire mention of it lend it validation over any real and tangible causes, most of which aren't even mentioned on Wikipedia's page. It is biased pure and simple.

      The only context that matters is that a cook conspiracy theory that was a failed defense of a failed lawsuit is given that much credit.

      See, that's not drawing the wrong conclusion from existing facts. That's inventing facts out of whole cloth.

      That was an example, the fact that you didn't move into the neighborhood doesn't mean squat, you were a random person, anyone could have been made into the villain. The effect is exactly what you are attempting to do, take an ancillary action and tie it to the responsibility of an entirely unrelated process. You moving is just the action that was noticed, the leave falling are the process that stand on legitimate grounds, the blaming it on you is the blaming it on Disney because of something that was happening at the same time. In short, the world is flat because you will only believe what you can see.

      I'm not sure I see why that's a problem. Nor do I see why creators would actually bother -- we're talking about something that won't happen until many years after you're dead.

      Yes, I didn't think you could see any problems at all. Suppose your a media company, X was created by a corporation in 1933. You like the story line and think a remake would be something the people would enjoy. According to US copyright law before the extension, it would be in public domain by 2008 (75 years) if it was a published work. You remake the film, add all these special effect to it, and then when promoting the movie release, you find that copyright had been filed on it in Europe and it's covered for another 15 years. You have 25 million invested in promotion only, then there is the billions involved with making the epic flick. The copyright owners won't give you a license, where is the problem?

      It's not about a problem with the dead author, it's a problem with people attempting to use their works. having the same term lengths change this to some degree making you confident that the EU copyright will expire when the US copyright does.

      Nor do I see why the US would cave to foreign pressure, instead of suggesting that Europe reduce its copyright by 20 years.

      I'm sorry, did I stutter or something? I already said that we got the EU countries to stabilize their copyright duration to one solid and uniform number. Some countries had terms that were 200 years past the Berne requirements. Is it too much to meet in the middle after they found that 20 year more was the lowest they could go?

      By suggesting that domestic lobbying may have played a large role here, I am not declaring that the sky burns in the east. Rather, by suggesting that it played no role in that decision, you are putting your hand in the fire again and wondering if it will hurt this time -- you are ignoring the amount of influence that such media companies have, both here and abroad -- see the current Pirate Bay trial.

      Lol.. No. You are mistaking the cheerleaders for the players in the game. I'm telling you who the players are. It doesn't matter that a crowd cheered them on to victory, the crowed did nothing but let them know they supported them. The team was formed and processes put in place long before they even got there. The players of the team took the ball down the field and made the game.

      You are essentially saying that because X happened and Y found an advantage from it, that Y caused X. And to do so, you are ignoring ever other relevant circumstance that can be as

    21. Re:A question of values by sumdumass · · Score: 1

      That would be because of the EU and not the US.

      The EU Copyright Duration Directive (93/98/EEC) was the result of combined efforts to make copyright uniform around participating countries. That directive BTW, was launched before he CTEA was created and the Copyright terms extension act was a result of the same processes.

    22. Re:A question of values by SanityInAnarchy · · Score: 1

      They would not be willing to license their own software that way (while some are willing to license code under some form of strong or weak copyleft.)

      That seems unlikely. Some more common scenarios:

      There might be an extremely strict copyleft-licensed version, and a commercial version. All patches submitted to the project are requested to sign over copyright to the project, so that they can be used in the commercial version -- or, alternatively, the copyleft license is structured to allow a single organization to create a proprietary fork.

      In either case, the outcome is, the project is funded in part by companies licensing the commercial version for use in proprietary versions, while the copyleft version is used in open source projects, or by end-users who don't need commercial support.

      Another example would be a project with an extremely relaxed license. Here, while it's unlikely to make any projects open which wouldn't otherwise be, it still encourages corporations to contribute code back to the community, if only in the form of bugfixes and enhancements to the core library. For example, if I am developing a web application, even a completely proprietary one, it is in my best interest to publish any changes I have to make to Rails, either as plugins or patches. If the Rails community picks them up and maintains them, all the better -- if not, I'm certainly no worse off, as my core business logic (that actually pays the bills) is still proprietary.

      That is why Stallman prefers copyleft. It encourages companies to consider contributing code to the public.

      Stallman is also out of touch.

      Again, the above scenarios, I have actually encountered, personally, from both sides of the fence. Certainly, companies will contribute back to copyleft as well -- assuming they can use it. (Git can be as copyleft as you like, because my program won't be linked against it.)

      On the other hand, I cannot find very many examples of companies contributing large chunks of valuable code back to the community because of GPL. The closest that comes to mind are the Linksys routers -- some of them ran Linux, so it forced Broadcom to release source code. Which they did, in the form of a tiny amount of glue code and a large binary blob. I suppose it was helpful, in its way, if you want to hack that particular router, but it certainly wasn't a significant contribution to the world of free software.

      In fact, as cool as some of the open source Linksys projects are, I'd argue we'd have been better off without the whole thing. Linksys doesn't seem to be using Linux in many of the newer models, and other companies are probably similarly wary of Linux now, because of this apparent demonstration of the "viral" nature of the GPL.

      --
      Don't thank God, thank a doctor!
    23. Re:A question of values by SanityInAnarchy · · Score: 1

      Suppose your a media company, X was created by a corporation in 1933. You like the story line and think a remake would be something the people would enjoy. According to US copyright law before the extension, it would be in public domain by 2008 (75 years) if it was a published work. You remake the film, add all these special effect to it, and then when promoting the movie release, you find that copyright had been filed on it in Europe and it's covered for another 15 years.

      That tells me two things:

      First, that was not a studio with millions to spend. A studio with millions to spend could certainly afford a few thousand dollars on a lawyer to teach them about the realities of copyright law. If there was a danger of it being pulled out of the public domain, they would never have made it.

      Second, it tells me we aren't talking about creators. We're talking about remakers. It would be useful to talk to people who actually create original works and ask them if they really want their children and grandchildren to hold their work hostage for almost a century after they're dead.

      It would also be worth considering: With the change in copyright law, your example film would never have been made. If copyright law had stayed sane, it could have been made without fear, as the original would've passed into the public domain in all countries long ago.

      Is it too much to meet in the middle after they found that 20 year more was the lowest they could go?

      Yes.

      You are essentially saying that because X happened and Y found an advantage from it, that Y caused X.

      Great strawman. Try attacking the argument I actually made.

      Or do you really think the opinion of a major corporation, spending tons of money on lobbying -- before the fact -- would have zero influence?

      A simple "yes" or "no" will do, thanks.

      Or we can do it your way: X hadn't happened yet, and Y really wanted X to happen. So Y sent a bunch of money, flowers, and well-written letters to C, who gets to decide whether X happens. C might have decided Z would happen, but instead chose to make X happen. Later on, D calls S a conspiracy theorist for even mentioning the name of Y.

      --
      Don't thank God, thank a doctor!
    24. Re:A question of values by SanityInAnarchy · · Score: 1

      how much stuff do you write today, that will actually compile in 15 years, and much more interesting be used by anyone?

      Probably not much, but that is the point -- chances are, you're not going to still be selling it. Or if you are, it's at least a vastly new version.

      I'd be glad to hear suggestions, but I chose those numbers carefully -- to be long enough that it'd be unreasonable to ask for longer protection, but short enough that it's not necessarily completely irrelevant.

      An example: Doom was released in 1993. There's really no way id is making much money off the original, and the sequels were made within that time. In fact, id has released source to it, and people do still port Doom (and Quake) to new platforms all the time.

      However, I wouldn't be surprised to see quite a lot of code from 1994 that is complete abandonware, at least partly due to licensing issues.

      By the way: This isn't just for software. Certainly, we all watch movies and read books which are much older than that.

      --
      Don't thank God, thank a doctor!
  5. As many as it takes? by nine-times · · Score: 1

    Not that I would oppose attempts to standardize and consolidate licensing for the sake of making it easier for people to know their rights, but why shouldn't developers/publishers be allowed to use whatever license they want, and make up their own if nothing else meets their needs?

    I don't see the point of any attempt to artificially limit choice here.

    1. Re:As many as it takes? by Anonymous Coward · · Score: 0

      I'm not clear where you're getting the idea that anybody wants to limit choice.

    2. Re:As many as it takes? by Bruce+Perens · · Score: 5, Insightful

      why shouldn't developers/publishers be allowed to use whatever license they want, and make up their own if nothing else meets their needs?

      You are free to use your own license, containing whatever text you wish. The main limitations on you are 1) whether you can get anyone else to participate and 2) whether your license is effective in court. If your license requires me to sell my first born son into indenture, the court is not likely to uphold your license.

      As you observe, standardization is desirable. One of the biggest goals of Open Source is to make more Open Source. You should be able to combine different Open Source programs into another new one, in a way the creators of the original pieces did not envision. To do this, the licenses must be compatible with each other. So, having everybody write their own is, in the long run, detrimental because all of those licenses will be incompatible with each other, or nobody will be able to understand if they are compatible or not.

      So, I laid out one scenario in which lots of people and companies can use a minimal set of different Open Source licenses that fulfill the different purposes that people have for Open Source, and are compatible with each other. You are free to use that list, or ignore me.

      Thanks

      Bruce

    3. Re:As many as it takes? by grumbel · · Score: 1

      If you have to many licenses you can no longer combine two pieces of Open Source software, because the licenses are incompatible with each other.

    4. Re:As many as it takes? by jellomizer · · Score: 0

      Not if your license doesn't care about combining other licenses in your code. The GNU is big on that. But for other licenses it is less of an issue. Just avoid GNU products and you are probably good.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    5. Re:As many as it takes? by Bill,+Shooter+of+Bul · · Score: 3, Insightful

      I would add, in addition to the the possibility of it being held up in court, would be the probability of success in court. If we can generate a substantial case history full of precedents dealing with the main licenses, it would ensure that newer cases that handled similar issues would be handled quicker and with more predictable results. That would ensure that companies take the licenses more seriously, and /or make any actual legal action quicker and less painful to everyone involved.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    6. Re:As many as it takes? by dueyfinster · · Score: 0, Offtopic

      Hey Bruce, we watched you in RevolutionOS in CompSci OS Systems (Server) class today. Good to see your as committed as ever. Thanks!

      --
      --- Duey Finster http://www.dueyfinster.com
    7. Re:As many as it takes? by TheRaven64 · · Score: 2, Insightful

      Given that, why would you advocate the GPL, in either revision, at all? I can't think of a single other Free Software license that is incompatible with as many other license as the GPL. The GPLv2 is even incompatible with LGPLv3.

      --
      I am TheRaven on Soylent News
    8. Re:As many as it takes? by jedidiah · · Score: 1

      Consumer protection.

              Most people don't get to "negotiate" with people they buy
      software from or original authors. The expectations in those
      situations should be pretty simple and predictable. When you buy
      something, you should have a fairly good idea what to expect and
      those expectations should have the force of law. IOW, you should
      be able to sue or prosecute for something being unusable, unbroken
      or not what it was advertised to be.

              As a matter of legal practice and efficiency, there should
      be more "boilerplate" licensing and less "creativity" in this
      area. This may lead to much longer "default" licenses but at
      least some predictable expectations can be made.

              Commerce doesn't work well without some degree of predictability.

              Nevermind Free Software licenses. Licenses need to be
      more standardized across the board or just plain done away
      with entirely.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    9. Re:As many as it takes? by Kjella · · Score: 1

      Those "other licenses" in many cases collapse down to nearly one with a little bit different disclaimers and attribution requirements, If you take the OSI defintion and at the same time say you want a license with no source requirements, there aren't really many variations left. To me they fall into four categories:

      1. Don't want source, everything can be proprietary (BSD and friends)
      2. Want modifications to library, but rest can be proprietary (LGPL)
      3. Want the source of the whole work (GPL)
      4. 3. and guarantee you can run it in place of the original code (GPLv3)

      The few differences otherwise are more practical fuck-ups that keep licenses from being compatible IMO. Either because of overzealous advertising (really, even if it's in the license we can hide it pretty well if we like) or because several licenses are trying to do the same thing, e.g. two copyleft licenses are always trouble. If you're really happy with just giving it away you might as well use the ISC license which is as short and sweet as possible and doesn't conflict with anything.

      --
      Live today, because you never know what tomorrow brings
    10. Re:As many as it takes? by Bill,+Shooter+of+Bul · · Score: 1

      But everyone knows that. Its okay if everyone knows the license compatibilities at the beginning of a project and are trying to decide what license to use. But if you have to hire a lawyer to parse a pletera of poorly written licenses for compatibility with each other, then it sort of sucks.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    11. Re:As many as it takes? by Bruce+Perens · · Score: 3, Insightful

      Because "can share" / "must share" embodies the fundamental difference in Open Source licenses, and each makes business sense for a different set of purposes. In addition. GPL is applied to a very large number of Open Source projects, more than any other license, so the main compatibility issue is that a license be compatible with GPL.

    12. Re:As many as it takes? by nine-times · · Score: 1

      Well, confession: I didn't RTFA, at least not thoroughly, and so wasn't arguing with you per se.

      Just the title, "How Many Open Source Licenses Do You Need?" seemed to me to imply that there are too many, similar to the way in which many people argue that there are too many Linux distributions. Whenever I hear that sort of complaint, I sympathize. By doing lots of different licenses or lots of different distributions, you are splitting your effort, introducing potential compatibility issues, and confusing people who don't know the right one to choose.

      But then the questions inevitably pops up-- who chooses the winners, and how do you actually get people to only use those winners? The reason there are so many licenses and so many distributions-- to some degree, at least-- is because someone sat down, looked at the options, and decided that they didn't like the options. They wanted to come up with their own in order to serve their own purposes.

      Yes, I'm sure that to some degree people are choosing different licenses without having a very good reason, and maybe your article will help people realize that. That could be good. At the same time, my immediate response is to question whether it's something that has to be pushed for, or rather it will sort itself out to some degree.

    13. Re:As many as it takes? by TheRaven64 · · Score: 1

      In addition. GPL is applied to a very large number of Open Source projects, more than any other license

      Do you have a citation for that? Are you counting GPLv2 and v3 separately or together? All of the statistics I've seen place the MITL and ASL v2 above the GPL in terms of popularity when counted by both number of projects and lines of code.

      --
      I am TheRaven on Soylent News
    14. Re:As many as it takes? by Bruce+Perens · · Score: 1

      I'm going by Freshmeat's statistics for project licensing.

  6. Still waiting for a matrix. by khasim · · Score: 1

    IANAL but shouldn't it be fairly easy to construct a matrix of the various licenses and what rights/responsibilities are characteristic of each and how they compare to the other licenses?

    At least that way any new licenses could be compared to the existing licenses to see if they were really needed or if they simply duplicated an existing one. Such as requiring that text block X be included in all copies ... but text block X differs from licenses A and B and C.

    1. Re:Still waiting for a matrix. by Anonymous Coward · · Score: 0

      you mean like this matrix

    2. Re:Still waiting for a matrix. by Anonymous Coward · · Score: 0
  7. You want fewer licenses... by geminidomino · · Score: 2, Insightful

    You need fewer license zea^Wadvocates.

    Seriously, the amount of FUD spread about by certain licenses about certain others is staggering (not naming any names), to say nothing of tautological mottoes revolving around redefinitions of words, self-serving rationalizations, and more FUD.

    You're going to get this mess any time something becomes a platform for political agendas, because Bruce's single "Shared with rules" license gets forked depending on the rules. GPL3 has the obvious rules, but under that heading would be the "Kinda BSD, except can't be used by the military of any country/companies that test on animals/people who eat meat/etc..."

    1. Re:You want fewer licenses... by Bruce+Perens · · Score: 4, Insightful

      Bruce's single "Shared with rules" license gets forked depending on the rules. GPL3 has the obvious rules, but under that heading would be the "Kinda BSD, except can't be used by the military of any country/companies that test on animals/people who eat meat/etc..."

      This is why I wrote the DFSG / Open Source Definition. It provides a single name for a set of licenses that grant a particular set of privileges.

      I did consider licenses that prohibit military use, and decided they were a bad idea, and the DFSG / Open Source Definition does not allow them. The license that was a bad example the time was the Berkeley SPICE license. This license was written during the period of South African Apartheid, and prohibited use of the SPICE circuit simulation software by the police of South Africa. 10 years after Apartheid was over, the license restriction was still in effect. Even though the police by that time were probably Black.

      The other big prohibition to consider was Commercial Use. There were a number of "personal-use only" licenses at the time. I figured that licenses that prohibited commercial use made the software pretty useless and that it would not have effective collaboration to advance its development.

      Licenses are important because they use rules to structure partnerships. We need to understand them, and how to use them. Yes, there are people who are very partisan. But just calling them zealots doesn't get at the reasons for their license, and whether those reasons make sense for you.

      Bruce

    2. Re:You want fewer licenses... by Anonymous Coward · · Score: 1, Insightful

      I figured that licenses that prohibited commercial use made the software pretty useless and that it would not have effective collaboration to advance its development.

      And yet the GPL 3 effectively preventing commercial sale of software doesn't make it useless? Developing software costs a lot of money and support fees will never cover that cost on the majority of software applications. There's a reason that there is only one publicly traded pure play software development compnay (Red Hat) and that company makes about 15% the amount of profit per employee its proprietary competetors make.

    3. Re:You want fewer licenses... by geminidomino · · Score: 1

      Licenses are important because they use rules to structure partnerships. We need to understand them, and how to use them. Yes, there are people who are very partisan. But just calling them zealots doesn't get at the reasons for their license, and whether those reasons make sense for you.

      Bruce

      Whether for business or hobby/personal work, I find it far less stressful to rewrite code from scratch rather than to partner with someone for whom choice of license is a religious/dogmatic issue rather than a pragmatic one. Such reasons *never* make sense for me.

    4. Re:You want fewer licenses... by Anonymous Coward · · Score: 0

      You wrote. You coded. You did.

      Sorry Bruce, but I can not stand you because of this.

      Even the 73 licenses are a direct result of your great achievements:

      "And the worst thing about this is, it's my fault!"

      Bruce, maybe it would be easier for me if you could write once in a present tense. But maybe you do not have time any more to code and speak about licensing your own work.

      But you did. You did so much for us that you have the right to come here to advise how to license our work.

    5. Re:You want fewer licenses... by Anonymous Coward · · Score: 0

      Prohibiting military use in a license is probably not a very good ideas, because people close enough to the military to be affected by such terms sometimes invent interesting things; like the Internet.

      Military are also those who save your ass when you are abroad in "interesting" regions and things become a little too much rock n roll, but this is a much smaller criterion as they will extract you under fire even if you have just forbidden them to use your peaceful software the day before.

    6. Re:You want fewer licenses... by jbn-o · · Score: 1

      I don't think calling anyone a zealot actually helps you. People who support proprietary software ought to be so labeled, or called "religious" by the same token (another word often used by people who call others they don't agree with "zealots"). The lack of such labeling only highlights which stance is uncritically accepted—a mark of non-thinking on the part of anyone who fails to notice the one-sidedness.

      You should name names because that is the only thing which will add enough substance to your argument to give it something to consider.

      "You're going to get this mess any time something becomes a platform for political agendas [...]": what part of any license struck you as without political agenda? And why is a lack of political agenda a good thing? It seems to me that proprietor's politics are just as clear as those who want software freedom. They say very different things about how people ought to be treated. How exactly is this a problem?

      You spend a lot of time not analyzing any specific arguments. Please be specific in all of your complaints. Otherwise your vague generalizations are meaningless.

    7. Re:You want fewer licenses... by geminidomino · · Score: 1

      I don't think calling anyone a zealot actually helps you. People who support proprietary software ought to be so labeled, or called "religious" by the same token (another word often used by people who call others they don't agree with "zealots"). The lack of such labeling only highlights which stance is uncritically accepted—a mark of non-thinking on the part of anyone who fails to notice the one-sidedness.

      ANYONE who decides on a software license for idealistic rather than pragmatic reasons is a zealout, regardless of what license it is. That goes equally for the Stallmanites and for the "Open Sorez Is Communism!" pseudo-capitalists.

      You should name names because that is the only thing which will add enough substance to your argument to give it something to consider.

      I did. It was just subtle. Perhaps you missed it. Note the part about "tautological mottos": for example, "Free as in Freedom". Clearer now?

      GPL advocates claim repeatedly, despite it being shown to be completely untrue, that BSD/MIT licensed code is in danger of being locked up, never to be seen again, regardless of the wishes of the original coder.

      Proprietary software advocates claim things like using Linux makes any software developed on it have to be under the GPL.

      "You're going to get this mess any time something becomes a platform for political agendas [...]": what part of any license struck you as without political agenda? And why is a lack of political agenda a good thing? It seems to me that proprietor's politics are just as clear as those who want software freedom.

      BSD/MIT: Give us credit, no warranty. No politics here.

      Apache: Give us credit, no warranty, no torpedo patents. No politics here.

      GPL: Can go either way. "I did this work and I want something back from those who use it" is a decidedly unpolitical stance. Enlightened self interest. Choosing the GPL because "People who write closed source code are antisocial/immoral" is political (and bullshit).

      They say very different things about how people ought to be treated. How exactly is this a problem?

      No, the all licenses say the same thing about how people ought to be treated. The Microsoft Windows EULA, the BSD license, and the GPL boil down to "You can use this how we say you can use it." It's the nature of software licenses. That's what they do.

      Both ends of the spectrum set usage and distribution rules. To spout off about one being "more free" than another is mental masturbation at best, and intellectually dishonest at worst.

      You spend a lot of time not analyzing any specific arguments. Please be specific in all of your complaints. Otherwise your vague generalizations are meaningless.

      I was speaking in the general to not be taken as flaming a particular group.

  8. You only need as many as you need. by y86 · · Score: 2, Insightful

    Choice is good and the best licenses will grow to popularity unless tampered with by an outside force.

    Hence the GPL is doing quite well. It does what most people want -- it allows for your work to stay free as it was intended.

    If something better comes along, it may be used. Sort of like evolution -- survival of the best fit.

  9. Replying to A.C. by khasim · · Score: 2, Informative

    you mean like this matrix

    No. That doesn't show the differences between the licenses. Look at how many of them have the same answers in the same columns ... yet have different restrictions if you read the licenses.

  10. GPL v3 vs Linus by Chris_Jefferson · · Score: 1
    The kernel, which is one of the biggest, certainly the most famous, GPL v2 project isn't planning to change to GPL v3.

    I'm impressed how Perens feels he can just brush away all disagreement with the GPL v3 because "Linus had a personal issue with it, some I'm ignoring that".

    Joining the GPL v3 steamroller isn't going to make developers any more willing to use it.

    --
    Combination - fun iPhone puzzling
    1. Re:GPL v3 vs Linus by grumbel · · Score: 1

      Which issue are you talking about? Latest time I checked there weren't really any issues with GPLv3 itself, the issue was simply that Linux is "GPLv2 only" instead of "GPLv2 or any later version", which would make an update quite complicated and time consuming.

    2. Re:GPL v3 vs Linus by gclef · · Score: 1

      Philosophically, Linus sees no problem with "Tivo-isation", which is what a big part of the changes in v3 of the GPL were all about. So, since Linus sees no need for those protections, he's not terribly enthusiastic about using them.

    3. Re:GPL v3 vs Linus by mkcmkc · · Score: 1, Insightful

      I'm impressed how Perens feels he can just brush away all disagreement with the GPL v3 because "Linus had a personal issue with it, some I'm ignoring that".

      When considered against the backdrop of the entire space of Open Source (-ish) licenses, the differences between versions 2 and 3 of the GPL barely warrant a footnote. They are completely immaterial for almost all projects, and the only real question is whether or not you feel that Stallman's tweaks (which were based on lengthy consultation with the community) are worth following. Virtually everyone who's using the GPL in the first place would be sympathetic to the goals of the FSF, and therefore ought to go with the latest GPL.

      As always, the real question is whether you

      1. choose a license that gives for-profit corporations carte blanche to use your work, without compensation (e.g., MIT/BSD), or
      2. choose a license that requires some sort of quid pro quo (GPL).

      I prefer to think of the first option as the "communist" option and the second as the "capitalist" option. :-)

      --
      "Not an actor, but he plays one on TV."
    4. Re:GPL v3 vs Linus by Anonymous Coward · · Score: 0

      Well, Linus has said that he disagrees with some of the anti-DRM features of GPL3, seeing them as none of his business. That was early on however and probably something that could have been resolved.

      The real reason the kernel is GPL2 only is that that's what the submitters has released their code under, and re-licensing the entire kernel under GPL3 would be a massive undertaking.

    5. Re:GPL v3 vs Linus by Improv · · Score: 2, Interesting

      Linus is unfortunately one of the typically "can't we all just get along" geeks - he doesn't seem to care for the social good so much as being able to continue to work on his projects. Such people are certainly useful - "not seeing the big picture" isn't a barrier to being an effective technical leader (and by pretending such problems/disagreements don't exist or minimising them, they better enable people with substantive differences in the area to work together).

      For people who do care about the public good, the best thing to do is to look for other people for inspiration on matters of licenses and large-scale strategy (like rms, BPerens, esr, theo, or one of several others, depending on one's particular inclinations). There's a lot of positions one might take on these matters, most of them better than playing ostrich..

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    6. Re:GPL v3 vs Linus by Omnifarious · · Score: 1

      I think Linus happens to be wrong. I think the whole bitkeeper fiasco has amply demonstrated that Linus is not a trustable authority on software licensing and its political implications.

    7. Re:GPL v3 vs Linus by grumbel · · Score: 1

      As long as the result of being wrong is an awesome piece of software like 'git' I can totally accept that :)

    8. Re:GPL v3 vs Linus by Timothy+Brownawell · · Score: 1

      Linus is unfortunately one of the typically "can't we all just get along" geeks - he doesn't seem to care for the social good so much as being able to continue to work on his projects. Such people are certainly useful - "not seeing the big picture" isn't a barrier to being an effective technical leader (and by pretending such problems/disagreements don't exist or minimising them, they better enable people with substantive differences in the area to work together).

      For people who do care about the public good, the best thing to do is to look for other people for inspiration on matters of licenses and large-scale strategy (like rms, BPerens, esr, theo, or one of several others, depending on one's particular inclinations). There's a lot of positions one might take on these matters, most of them better than playing ostrich..

      We also should refuse to "play ostrich" about countries currently going through something like the Industrial Revolution, and embargo them until they decide to lift themselves, unassisted, by their own bootstraps, into sufficient prosperity to care about working conditions.

      Yeah, it's stupid, but this is no different.

    9. Re:GPL v3 vs Linus by Timothy+Brownawell · · Score: 1

      I think the whole bitkeeper fiasco has amply demonstrated that Linus is not a trustable authority on software licensing and its political implications.

      How did the downtime from the loss of bitkeeper compare to the time gained from moving to a half-decent DVCS before the others were ready?

    10. Re:GPL v3 vs Linus by Anonymous Coward · · Score: 2, Insightful

      Maybe Linus does see the "Big Picture". He just sees it different from you.

      Nah, anyone disagreeing with you must just have their head in the sand. (that was sarcasm in case you missed it)

      What utter crap to think only people who agree with your licensing fetish have the public good in mind. I assure you, my preference for the BSD license is for the public good. I consider it much better for the public good than any version of the GPL. You may disagree, but don't be an ass and say I don't care about the public good.

    11. Re:GPL v3 vs Linus by ClosedSource · · Score: 1

      "Linus is unfortunately one of the typically "can't we all just get along" geeks - he doesn't seem to care for the social good so much as being able to continue to work on his projects."

      Sure, the last thing we need are geeks that try to get along with others. We need more geeks that have the attitude "my way or the highway".

    12. Re:GPL v3 vs Linus by Anonymous Coward · · Score: 1, Insightful

      A technically impossible undertaking—because there is a possibility that some of the contributors are no longer able to be contacted. And then there are the contributors that have publicly stated that they would not relicense their contributions under the GPLv3.

      Taken together those two conditions mean that it is not legally possible to relicense the Linux Kernel–and this is because the text of the GPLv2 distributed with the kernel license contains a note that the 'Or, at your option, any later version' optional clause of the GPLv2 doesn't apply.

      I, personally, would not license code I have written under the GPL without making such a note—if I chose a license I would not wish for it to be changed to a later version that potentially has clauses that I disagree with. But then, I'm one of those people that refuses to trust anyone—even the <sarcasm factor="100">Great and Wise Richard Stallman</sarcasm>—to consider anything beyond their own concerns when "upgrading" the license.

      Note: I consider my own rights as the creator of the code more important than the rights of the user–after all, it was my creative thought and my hard work that went into writing the code. But I would be foolish to not understand the enormous benefits of Open Source (and since I am a user of a massive amount of open source software) everything that I write that I feel would be useful to other people is released under the Open Source license that I feel is most appropriate for the project.

    13. Re:GPL v3 vs Linus by Improv · · Score: 1

      Exactly! The point of my post was to suggest that geeks need to be jerks! I'm glad you got it perfectly right :)

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    14. Re:GPL v3 vs Linus by EvanED · · Score: 1

      And yet, Linux is better for having gone through the BitKeeper fiasco. So how did it demonstrate that?

    15. Re:GPL v3 vs Linus by Anonymous Coward · · Score: 0

      If you care about social good you don't publish under GPL. A source with a license that keeps it away from some people is effort that will have to be duplicated thus hindering the development of society as a whole.

    16. Re:GPL v3 vs Linus by Tacvek · · Score: 1

      This is the essential futility of arguing about the past. All negative past events have resulted in at least some good things, and it is impossible to know how things would be different if the bad events never happened in the first place. How do we know that in the absence of the bitkeeper fiasco git would never have been written? For all we know, Linus may still have written it, but started a bit earlier.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    17. Re:GPL v3 vs Linus by Anonymous Coward · · Score: 0

      If you care about social good you will publish under GPL. A source with a license that allow others to use it in a way that keeps it away from some people is effort that will have to be duplicated thus hindering the development of society as a whole.

    18. Re:GPL v3 vs Linus by Improv · · Score: 1

      I'm not saying you don't care about the public good. I was commenting on Linus, not you (I would not have mentioned theo if I thought the BSD license was a bad one - theo is obviously looking at "big picture" issues, and has a clear position, while linus's position is at best muddled and not a major concern in what he does).

      For what it's worth, I'm not particularly a booster of the GPL or the BSD license. I like aspects of both of them, but tend to release my code into the public domain instead.

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    19. Re:GPL v3 vs Linus by Omnifarious · · Score: 1

      I don't like git very much. I like Mercurial a lot better. You can argue that they stem from the same issue, but I think things like Mercurial, git, bzr or Monotone were coming regardless.

  11. 1997 ? by Gothmolly · · Score: 1

    How did he 'write the rules' in 1997 when GNU & FSF long predated this?

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:1997 ? by Bruce+Perens · · Score: 3, Interesting

      How did he 'write the rules' in 1997 when GNU & FSF long predated this?

      They're the rules for the Open Source Initiative and the Debian Project to approve licensing.

      Richard wrote a statement of the Four Freedoms in an early edition of the GNUs Bulletin, which was mostly distributed in paper form on the MIT campus and environs. He did not further promote them until a long time later. So, when I had to write license guidelines for Debian, the Four Freedoms document was unknown. I sent my document to Richard, and he wrote back that he felt it was a good definition of Free Software. Surprisingly, he did not mention his Four Freedoms document in that correspondence.

      Much later, FSF published its statement of the Four Freedoms on its web site as an alternative to the Open Source Definition.

      Bruce

    2. Re:1997 ? by Anonymous Coward · · Score: 0

      So basically you're telling me you're the chosen one and no Stallman?

  12. Original author can have several licenses by rcpitt · · Score: 1
    IANAL - but as I understand it:

    As the original author of anything that is subject to Copyright you are free to license the same piece of work (even if it is undergoing continuous change by you) under several licenses - and it is also available under the basic grounds of Copyright in the country of origin too.

    This means that I can write and sell commercial software - and also license the same software under the GPL (or Creative Commons for text/images, etc.)

    But those who don't subscribe to the GPL/CC can still use Fair Use to talk about my code or other work - even down to publishing "abstracts" of it.

    The major concern is not MY code - it is what is contributed by others to my (GPL or other license) code - and what I can do with it.

    A license that states "you can make changes but I own all such changes that you submit to me and may sell them along with my code" is completely different from GPL.

    So is a license that states "you can make changes but you license them to me such that I can sell them along with my code even without attribution to you"

    Using license terms to allow an "open source" following to build your basic software's reputation so you can then sell your "premium" version of it is a growing method of doing business.

    On the other hand we've seen businesses that have recognized that the open source version has ended up with better following and better (or at least more diverse) options - and ended up opening up their premium system too - and moving to the pure service/maintenance/extension business model.

    There's room for it all - the market will tell which works best for each instance.

    --
    Been there, done that, paid for the T-shirt
    and didn't get it
  13. Biased... by synthespian · · Score: 2, Informative

    The characterization of BSD, Apache, etc. as "gift" licenses just display Perens' bias.

    These are licenses that allow you to work both in proprietary projects and open source projects at the same time.

    The word "gift" implies the person does not have a job and is doing it for free when, in reality, the developer might be working for a company that would only use business-friendly licenses.

    The real distinctions are: are you going to work for a project else who will demand that you give away your copyright and who will keep their right to fork it into a proprietary project. If the answer is yes, then, please do it. Just don't complain when you see your work being bundled into a proprietary fork while you have to keep convincing everyone that they must use GPL/viral licenses (which is easy to do if you're into the business of selling servers, like IBM, and you want to bundle Linux "for free" - which, simply put, is IBM's strategy against Sun Microsystems, obviously).

    The GPL license, due to copyright laws, allows this dual-licensing, which basically means unequal rights for developers (those who hold the copyright and, thus, can fork it into a proprietary license, while demanding that everyone else stick to the GPL version).

    If you want developers to have equal rights, i.e., they can do *whatever* I want (i.e., "freedom"), then don't chose the GPL, chose a license such as the BSD license.

    Open source code is not a material resource; it is an information resource and cannot be "stolen" (as GPL zealots with faulty logic would have it) but only "copied."

    Learn to recognize Linux PR when you see it.

    --
    Main difference between the BSD license and the GPL license: one is from California and the other is from Massachusetts
    1. Re:Biased... by Improv · · Score: 1

      I don't think the use of the word "gift" implies that at all. It's more of a reference to the idea of a "gift economy".

      On the dual-licensing, that's not really about the GPL versus other licenses so much as it is purely about how copyright works. The forms of the BSD license that required attribution had this characteristic as well, which were also (maybe a bit more loosely) an example of unequal rights. Dual-licensing also has social costs - it creates a tension between external contributors and the primary developer. If the primary developer wants to accept external patches, they either need to mandate copyright assignation or give up on the ability to dual-license, and it's quite doable for the community to establish their own repository and do a source-fork if the author requires assignation.

      I don't think this is necessarily linux PR, although it is written from the perspective of the OSI folk (distinct from the FSF perspective, which would've written this article rather differently, and also distinct from the BSD-license folk). You can't really expect articles to be written from "no" perspective, can you?

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
    2. Re:Biased... by noidentity · · Score: 1
      gift - Something that is bestowed voluntarily and without compensation.

      I think that was the definition implied when referring to BSD as a "gift license". Your characterization of Parens just displays your bias.

      The GPL license, due to copyright laws, allows this dual-licensing, which basically means unequal rights for developers (those who hold the copyright and, thus, can fork it into a proprietary license, while demanding that everyone else stick to the GPL version). If you want developers to have equal rights, i.e., they can do *whatever* I want (i.e., "freedom"), then don't chose the GPL, chose a license such as the BSD license.

      These unequal rights are due to copyright law, not any particular source code license; the developer of the code always has more legal options than anyone he licenses it to, even if he uses the BSD license.

      So much for you calling out others' biases.

    3. Re:Biased... by OdinOdin_ · · Score: 1

      The GPL license, due to copyright laws, allows this dual-licensing, which basically means unequal rights for developers (those who hold the copyright and, thus, can fork it into a proprietary license, while demanding that everyone else stick to the GPL version).

      I never saw that issue was ever a problem, nobody is suggesting that all users have equal rights to the Copyright holder.

      My own personal stance is that most software patents should be outlawed and those that remain have a maximum royalty term reduced to 5 years and that anything anyone can recreate with their own bare hands under their own Copyright ownership is legally theirs. The point of patents is to provide an industrial environment for R&D efforts to be rewarded but the computer industry already has enough healthy innovation and does not require a protectionist system to cause innovation to take place.

      The issue of licensing comes into play when that work is allowed to be used in some way by a non Copyright holder. Yes thats means you have less rights than the Copyright holder since its the legal privilege of the Copyright holder to grant non-Copyright holders a set of rights.

      I certainly do not believe in any unequal right baloney. All your rights belongs to collective humanity. When all the food and land also belongs to the collective humanity maybe we can take that step on technology.

      Take for example CYGWIN it is dual licensed and I've made it very clear before that I will not sign any Copyright handover for contributions. I would only contribute to the licenses under which I was allowed to use. I see nothing wrong with that.

      There is also the question of public domain, to me something can ONLY be put into the public domain once some legal entity has both claimed Copyright ownership to the work and then subsequentially wavered their "Copy Rights" at the same time through a public domain license. Since someone needs to stand up and claim legal ownership of the work so that no on else can come along and claim you are not the Copyright holder in the first place and you've simply stolen the work and added a PD style license. You can not have nameless/ownerless public domain works.

    4. Re:Biased... by Anonymous Coward · · Score: 0

      If you want developers to have equal rights, i.e., they can do *whatever* I want (i.e., "freedom"), then don't chose the GPL, chose a license such as the BSD license.

      That isn't "freedom", that's "anarchy".

    5. Re:Biased... by Anonymous Coward · · Score: 0

      Seconded.

      I thought Bruce would have become less biased over all these years (and especially after spending time in the corporate world), but apparently I was wrong.

      Still the same old narcissistic Bruce. Despite of the polite and "objective" talk, he is still eager to switch to that mild annoying zealotry whenever a proper opportunity comes.

      Old dog does not learn new tricks. (But may make money showing the old tricks to a new audience.)

    6. Re:Biased... by Weasel+Boy · · Score: 1

      Suppose you choose to release the source code of your product.

      The BSD license allows your competitors to take your work and add to it in secret ways to gain a competitive advantage over you.

      The GPL guarantees that if they use the fruit of your labor, you also get theirs. Maintains a level playing field for anyone who wants to open their source.

      The GPL is the license for anyone who wants to share without being handicapped. The BSD license is best for for parasites.

  14. Good for the goose, good for the gander by carou · · Score: 1

    GPL advocates generally it is a good, and necessary, freedom for people to be able to do things like recompile their software (e.g. a Linux kernel) modifying part of it, and perhaps distribute their modifications.

    Yet it is apparently a bad thing for people to modify their Open Source software licenses, because of the number of different combinations which arise as a result. Indeed, the FSF copyright the text of their license, and do not allow modified versions to be distributed. The article asserts they were smart to do this.

    Why is it "smart" to copyright text, but not smart (restrictive, proprietary, evil etc.) to copyright source code? Is the complexity of a software license really so much greater than the complexity of the Linux kernel?

    1. Re:Good for the goose, good for the gander by Bruce+Perens · · Score: 4, Insightful

      Why is it "smart" to copyright text, but not smart (restrictive, proprietary, evil etc.) to copyright source code?

      Both are copyrighted. One grants the right to modify, one does not.

      Consider why it is not smart to modify your TCP/IP stack to be incompatible with the standard. You have the right to do so, but doing so will make it very difficult to communicate with others. And unfortunately engineers and tech companies are more likely to understand the consequences of modifying TCP than those of modifying a license. FSF doesn't prohibit you from using your own license text, they can't. They just decline to help you stick your foot in your mouth by modifying their text.

      Bruce

    2. Re:Good for the goose, good for the gander by carou · · Score: 1

      Consider why it is not smart to modify your TCP/IP stack to be incompatible with the standard. You have the right to do so, but doing so will make it very difficult to communicate with others.

      Bruce

      Do you, then, advocate that protocol reference implementations should be supplied under a license which allows examination but prohibits modification of the source code?

      My objection to the FSF's position is not so much a question of whether or not modification is a good idea, but that their rhetoric and actions are inconsistent and thus hypocritical.

    3. Re:Good for the goose, good for the gander by Bruce+Perens · · Score: 1

      Do you, then, advocate that protocol reference implementations should be supplied under a license which allows examination but prohibits modification of the source code?

      No. But it seems that amateur software engineers generally pay immediately for their mistakes and in any case they are easy to rectify. The mistakes of amateur license writers can stay with us for decades and often can't be fixed at all. But the tools for them to make their mistakes are still available to them. We just set the bar a bit higher.

  15. Last post! by Anonymous Coward · · Score: 1, Funny

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    * Mostly: -1 Offtopic and -1 Troll.

  16. Has The GPL Ever Been Proven by new-black-hand · · Score: 3, Interesting
    From the article:

    I want the people who extend my software to give their extensions to the world to share, the same way I gave them my original program. So, my payback for writing Open Source is that my software drives a further increase in the amount of available Open Source software, beyond my individual contribution.

    Has anybody ever proven this?

    ie. has it ever been proven that attaching a 'must share' clause to a license (ie. GPL vs BSD) actually results in more people sharing code.

    I am inclined to think and believe, based on experience, that it does not. Those who share are likely to share regardless of license, ditto to those who take your code and improve it with no intention of sharing.

    Just how much does 'sharing' contribute to open source anyway, considering that all the top projects are tightly controlled by a small number of lead developers who hold the keys to commitments and in accepting patches. Code being shared will likely just go unnoticed anyway.

    So, after 10 years, has anyone proven that the GPL works?

    1. Re:Has The GPL Ever Been Proven by Bruce+Perens · · Score: 2, Insightful
      I gave my particular example, which was a program written in a month of evenings that got a subsequent 5 man-year plus contribution from other developers. The primary two companies interested had a (probably misled) economic incentive to keep their work away from their competitor.

      Bruce

    2. Re:Has The GPL Ever Been Proven by SanityInAnarchy · · Score: 1

      Just how much does 'sharing' contribute to open source anyway, considering that all the top projects are tightly controlled by a small number of lead developers who hold the keys to commitments and in accepting patches.

      Who's sending patches?

      --
      Don't thank God, thank a doctor!
    3. Re:Has The GPL Ever Been Proven by noidentity · · Score: 1

      The GPL is to ensure that contributed code remains open. It's not about quantity.

    4. Re:Has The GPL Ever Been Proven by new-black-hand · · Score: 1

      I can name dozens of examples, and more recently they have mostly been with more liberal licenses.

      The key question is, does enforcing sharing in the license actually provide for a better overall open source ecosystem.

      From my experience, the answer is no - because the downside of having companies not wanting to touch GPL'd code for fear of legal challenge and problems *FAR* outweighs the potential benefits of having those companies contribute resources with more liberal licensed code.

      Overall, I find that companies are *more likely* to contribute or to allow developers who work for them to contribute code if the license is a simple, more liberal license.

      ie. the parameters of a BSD or MIT license are much easier to understand, and the decision making within a company is easier - especially considering that the driving force for wanting to share code usually comes from the bottom-up, ie. from developers themselves.

      The theoretical question here is - would the top 10 GPL'd projects have been more or less successful if they were released under a more liberal open source license that didn't enforce sharing?

    5. Re:Has The GPL Ever Been Proven by Kjella · · Score: 1

      ie. has it ever been proven that attaching a 'must share' clause to a license (ie. GPL vs BSD) actually results in more people sharing code.

      Everyone that launched a GPL project? There's plenty software that otherwise would never have existed in the first place, because they weren't happy to release it under the BSD license. Freshmeat got a license breakdown:

      http://freshmeat.net/stats/

      It tells me about 70%+ are GPL licensed, 6% BSD licensed and the rest a good mix. Maybe or maybe not the 6% get more patches per project, but in volume it seems pretty clear to me that people start GPL projects and unless there's a really, really huge difference between OSS initiators and OSS contributors, which I doubt, the GPL makes more people share.

      --
      Live today, because you never know what tomorrow brings
    6. Re:Has The GPL Ever Been Proven by domatic · · Score: 2, Insightful

      Then again look at the Wine project. There is a class of developers that is content with attribution at most and no other conditions and those tend use licenses of the MIT/BSD/X ilk. There are others who are more prone to feeling taken advantage of and these people tend want more rules so feel comfortable contributing only some rules are stated. The amount of this comfort needed varies hence things like the LGPL.

      IMHO there is an implicit fallacy here. The fallacy is if the copyleft licenses didn't exist then all FOSS developers would be content or at least have to be content with super permissive licenses. I think it more likely such developers wouldn't make their code available at all save perhaps under the only remaining option which is PMITA Federal Prison If You Flout The EULA.

      Speaking as someone who is an end user most of the time, I find the terms of most any FOSS license to be "fair enough" and find most arguing over "The True Nature Of Code Freedom" to be so much mental masturbation and flamebait.

    7. Re:Has The GPL Ever Been Proven by Anonymous Coward · · Score: 0

      Psst, any BSD contributed code REMAINS open as well. Only stuff never contributed to the code is closed and we never know that's around to care about it anyhow.

      FUD from GPL users that BSD code 'disappears' somehow is bullshit. Once code is under the BSD license, that code is under it forever. If someone forks off some proprietary code somewhere private, it doesn't affect the open code.

    8. Re:Has The GPL Ever Been Proven by Timothy+Brownawell · · Score: 1

      but in volume it seems pretty clear to me that people start GPL projects

      Why? Is it because they have seriously considered the alternatives and prefer GPL, or because they bought into the FUD ("unpaid employee", "your code can be taken away and made proprietary"), or just because the FSF has been successful in positioning the GPL as the "default" license for people who don't bother to care?

    9. Re:Has The GPL Ever Been Proven by Bruce+Perens · · Score: 1

      I am waiting for BSD kernel development and user popularity to overtake Linux, before I believe that the GPL hasn't played a very strong role in making something like Linux possible. Don't worry, I won't hold my breath.

    10. Re:Has The GPL Ever Been Proven by dirk · · Score: 1

      The GPL is to ensure that contributed code remains open. It's not about quantity.

      The question is, does using the GPL actually increase the contributed code? I think it is a safe assumption that a lot of code changes to GPL projects are never distributed, so they aren't required to be released (one person mods it for their use, a company mods it for internal use, etc). Are these changes more likely to be contributed back if the code is under GPL as compared to a BSD license?

      The original code is always open, whether you use GPL or BSD. It is always put out there that using the GPL encourages more sharing of modifications and that is a reason to use it. The question stands, has this ever really been looked into?

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    11. Re:Has The GPL Ever Been Proven by new-black-hand · · Score: 2, Informative

      That might be right, because Freshmeat is mostly desktop applications and small utilities.

      If you look at more recent projects, especially web-related projects (such as web frameworks) there is an increasing trend towards more permissive licenses. Looking at frameworks (from http://en.wikipedia.org/wiki/List_of_web_application_frameworks):

      RubyOnRails: MIT
      Django: MIT
      CakePHP: MIT
      Codeigniter: BSD
      Zend Framework: BSD
      Symfony: MIT
      Turbogears: MIT & LGPL

      jQuery: MIT & GPL
      Dojo: Academic free
      Prototype: MIT
      Script.aculo.us: MIT
      Y! UI: BSD

      All the apache javaEE projects: Apache

      Out of the top projects on GitHub, I could only count two that were GPL'd: http://github.com/popular/forked

      So out of all of those frameworks, which together cover the vast majority of web applications and web services being built today, not a single one of them is GPL only.

      So web projects are very much trending away from the GPL - and the reason why is what I discussed in this thread previously ie. allowing companies who build on top of these products more flexibility. The developers, by choosing a more permissive license, have elected more flexibility for users, and thus potentially more popularity, over a sharing restriction.

    12. Re:Has The GPL Ever Been Proven by new-black-hand · · Score: 1

      actually jQuery is a great example. Microsoft recently integrated it into Visual Studio - which wouldn't have been possible if it had been released under the GPL since they added intellisense support and integration into ASP.NET.

    13. Re:Has The GPL Ever Been Proven by new-black-hand · · Score: 1

      It has already overtaken when it comes to open source web applications and frameworks. See my other comment: http://news.slashdot.org/comments.pl?sid=1129863&cid=26875795

    14. Re:Has The GPL Ever Been Proven by Bruce+Perens · · Score: 4, Insightful
      Web frameworks are for supporting proprietary stuff, so they have to be under a license that allows it to be linked directly. Operating systems kernels don't generally have this problem, the license isn't transmitted to user mode. GPL was very effective with Linux because the main collaborators really were competitors, and considered operating systems to be of too high value to give away with no strings.

      Bruce

    15. Re:Has The GPL Ever Been Proven by mlinksva · · Score: 1

      So, after 10 years, has anyone proven that the GPL works?

      Unclear what would constitute proof. The anecdotes are fairly compelling. Personally I'd like to see econ lab experiments testing how various levels of copyleft strength work, but I don't have any brilliant ideas for what the experiments should consist of.

    16. Re:Has The GPL Ever Been Proven by Anonymous Coward · · Score: 0

      Clearly the mods have been applying the Stalin^H^Hlmanist approach.
      "Truth must be censored, and real freedom must be limited so that we can impose "freedom" on everyone else."
      Like other absolutists and reactionaries you will eventually be overthrown.

      History will mod me up.

    17. Re:Has The GPL Ever Been Proven by Anonymous Coward · · Score: 0

      Clearly the mods have been applying the Stalin^H^Hlmanist approach.

      Nope. You are just an idiot.

      "Truth must be censored, and real freedom must be limited so that we can impose "freedom" on everyone else."
      Like other absolutists and reactionaries you will eventually be overthrown.

      Right.

      History will mod me up.

      That's not likely. But if hoping makes you happy, go for it.

    18. Re:Has The GPL Ever Been Proven by Anonymous Coward · · Score: 0

      First they mod you down.
      Next they laugh at you.
      Then they flame you.
      Finally you win.

    19. Re:Has The GPL Ever Been Proven by Tacvek · · Score: 1

      None-core developers with little say about the submitted patches getting accepted, rejected, or just ignored.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    20. Re:Has The GPL Ever Been Proven by Tacvek · · Score: 1

      Not web-projects as much as web frameworks. For frameworks a very significant amount of value comes from market share (to somebody writing a web app, it is very desirable to have a framwork people are familiar with, as new developers having to first learn an unfamiliar framework before doing any real work is not very desirable. The GPL is not a good choice for maximizing marketshare in a framework, while Expat or Apache style licenses are pretty much ideal for that purpose.

      Very, very few of those top projects were not frameworks or framework components.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    21. Re:Has The GPL Ever Been Proven by Anonymous Coward · · Score: 0

      Linux developers stand on each others' shoulders, BSD developers on each others' toes. Almost all the person-years of work that have gone into BSD are lost to us, trapped in proprietary forks, hostage to our dysfunctional intellectual property system. Linux gains so much more shared work from tit-for-tat and self-interest that it overcame and surpassed BSD's huge head start. Fairness (give nothing? get nothing) is far more important than altruism in human nature.

    22. Re:Has The GPL Ever Been Proven by jbn-o · · Score: 1

      I'm not sure what that proof would be but I am sure there's no need to make such a proof. Believing that this claim needs proof highlights one of the reasons the open source programming methodology is inaccurate and why the GPL is better understood as a free software license, not a license that endorses the open source development methodology.

      The GPL was written so computer users would have software freedom. The open source methodology doesn't advocate for software freedom. Software freedom says that it is ethical to share with your neighbor, treat them as equals (limited only by their ability to do work or have it done for them), and build and defend community. The GPL is a kind of legal shield against those who would take our resources and exploit them without sharing with us. Open source methodology says businesses (chiefly) are better off to develop code along the lines open source lays out so they can have programs with fewer bugs, less expensive development (by getting the community to help), and gain these technical advantages faster.

      There's nothing wrong with those technical advantages as far as they go. But they don't go very far. They purposefully say nothing about developing and defending community, they purposefully don't encourage you to ask ethical questions such as the most important question anyone can ask: how should we treat other people? And even within their rather limited scope the claims on development you asked about are often simply not the case. Proprietors aren't incompetent and they sometimes write powerful reliable programs without following the open source development methodology.

      I'm not sure exactly what the proof you talk about would look like but the GPL is clearly doing what RMS set out to do with it—give people software they would be free to run, inspect, share, and modify anytime. Also, the GPL doesn't compel anyone to share code—there's nothing requiring the holder of a GPL'd program to share it with others, even if they improve the program themselves and use those improvements. What the GPL says is that you can't withhold improvements you convey to others. This is right in line with defending software freedom. We know that the GPL works to defend freedom because we can point to lots of free software licensed under the GPL and we can point to infringements that were turned around after the infringer was made aware of legal arguments for the GPL. More recently we can look at court cases in various countries around the world where the GPL was confirmed as a defensible software copyright license.

    23. Re:Has The GPL Ever Been Proven by SanityInAnarchy · · Score: 1

      Little say, maybe, but much to contribute -- without them, the core developers would accomplish a lot less.

      Your argument (and the GP's) seems to be roughly like saying that the employees of a company don't contribute nearly as much as the executives. And while executive salaries, bonuses, and golden parachutes might tend to support that theory, I call bullshit.

      --
      Don't thank God, thank a doctor!
    24. Re:Has The GPL Ever Been Proven by Anonymous Coward · · Score: 0

      Or lose, as in this case.

    25. Re:Has The GPL Ever Been Proven by Raenex · · Score: 1

      Software freedom says that it is ethical to share with your neighbor

      Which is why the movement is mislabeled. Freedom has nothing to do with sharing with your neighbor.

    26. Re:Has The GPL Ever Been Proven by jbn-o · · Score: 1

      History says just the opposite. The freedom to share, and the freedom to communicate, are human rights that everyone deserves.

    27. Re:Has The GPL Ever Been Proven by Raenex · · Score: 1

      Freedom says that you may share or not share with your neighbor, as you choose. It does not say "it is ethical to share with your neighbor".

    28. Re:Has The GPL Ever Been Proven by jbn-o · · Score: 1

      People say that because it's true. To deny someone software freedom is unethical. We want the freedoms of free software because they enable the social solidarity people throughout history need to exist harmoniously, not under a dictator. Society benefits from sharing and cooperation and it is ethical to share and cooperate. Proprietors deny computer users the freedoms they need to behave ethically. It's not a matter of making someone behave ethically, it's about giving people permission to behave ethically and trusting that they will.

    29. Re:Has The GPL Ever Been Proven by Raenex · · Score: 1

      It's not a matter of making someone behave ethically, it's about giving people permission to behave ethically and trusting that they will.

      Would you agree then, that if there were no copyright, freedom says that you have the right NOT to release source code? As examples, this means if you released a binary, somebody would have the freedom to copy and modify your binary, or if you released source code, somebody else could add in proprietary bits and just release the binary. However, under no circumstances would somebody be compelled to release source code.

  17. GFDL versus CC-BY-SA; noncommercial licenses by bcrowell · · Score: 2, Insightful

    In addition to software licenses, we have licenses like GFDL and CC-BY-SA, which are intended for books, software manuals, etc. That whole situation is a total botch. The GFDL (without any of the added options like invariant sections, etc.) is essentially philosophically and legally equivalent to CC-BY-SA. The fact that we have two licenses for a single purpose is not a good thing. For instance, I've written some physics textbooks that are copylefted. Sometimes I've taken diagrams and photos I did for the books and added them to WP articles. Other times I've taken photos from WP and put them in my books. What makes this all unnecessarily difficult is that although WP uses GFDL (for historical reasons, because CC postdates WP), various other people use CC-BY-SA. We all want to share, but the licensing creates problems. I've ended up dual-licensing my books for this reason, and as far as I can tell, this allows me to bring in either CC-BY-SA or GFDL materials. On the other hand, if other people want to use a photo from my book, they have to look in the photo credits section at the back, and they may find that it's a photo I got from someone else under GFDL, but their project is CC-BY-SA, so they can't use it. They might be able to switch their own project to a similar dual-license scheme to get around this, but that might not be possible; e.g., look at the Linux kernel, which could never change licenses even if Linus wanted it to, because there are too many copyright holders.

    One thing I would suggest to anyone uploading pictures to WP or Wikimedia Commons is that you use their recommended licensing option, which is now dual GFDL/CC-BY-SA.

    Another real problem in this area is the tendency of people to pick CC-BY-NC, with a noncommercial clause. I see tons of people doing this even for materials that have zero commercial value. For example, there's an innovative physics textbook from the 1970's that went out of print. Cool book, but it was just a little too controversial; the big sellers tend to be the plain vanilla ones that can make everyone in a university department happy enough to sign off on adopting it. It's been out of print for 30 years, and the rights reverted to the author. He scanned it and put it up on his web site as a PDF. I contacted him, told him how much I liked the book, and suggested that he put it under a CC license, because, e.g., otherwise it would have to disappear from the world on the day he got tired of paying a webhosting bill. He decided to do that, which is cool, but he picked CC-BY-NC, which means the book can never be used as the basis for further collaborative work. I think people have this emotional feeling that they don't want to risk having their work exploited commercially by someone else, because that would be a ripoff. The problem is that they don't seem to do a good job of realistically assessing the chances that that would happen. Although the guy I'm referring to is a published author, there are many other people who just don't have a realistic idea of what it's like to try to make a significant amount of money by writing. There are just too many people out there who think they have the next bestseller on their hands.

    1. Re:GFDL versus CC-BY-SA; noncommercial licenses by Anonymous Coward · · Score: 0

      Another real problem in this area is the tendency of people to pick CC-BY-NC, with a noncommercial clause. I see tons of people doing this even for materials that have zero commercial value.

      Then surely it is not a problem? No commercial value == no lost commercialisation by prevention of commercial derivatives? I fail to see your argument here.

      He decided to do that, which is cool, but he picked CC-BY-NC, which means the book can never be used as the basis for further collaborative work.

      Surely no further commercialised collaborative work? This could be extended by others willing ot license their material under a CC-BY-NC, because according to CC you are free:
      to Share - to copy, distribute and transmit the work

      to Remix - to adapt the work

    2. Re:GFDL versus CC-BY-SA; noncommercial licenses by Anonymous Coward · · Score: 0

      I've ended up dual-licensing my books for this reason, and as far as I can tell, this allows me to bring in either CC-BY-SA or GFDL materials.

      My understanding is that this is one or the other, but not both simultaneously. That is, you can have a GFDL edition with only GFDL materials, and a CC-BY-SA edition with only CC-BY-SA materials. But you can't have one edition with both.

      I would say, stick to CC-BY-SA -- it's easier, it has the "deed" concept, and people seem to be using it instead of GFDL in most places. Then, simply cite wikipedia as you would any copyrighted work, so it doesn't matter what license they use.

      Another real problem in this area is the tendency of people to pick CC-BY-NC, with a noncommercial clause. I see tons of people doing this even for materials that have zero commercial value.

      That actually makes a lot of sense. If it has zero commercial value, the NC will never be a problem, because it will only be used in noncommercial works. If you're complaining because you want to use it in a commercial work, then it obviously has commercial value -- he could potentially sell you the rights under a different license.

      he picked CC-BY-NC, which means the book can never be used as the basis for further collaborative work.

      Um, WTF? It's not even SA, which means it can be used as part of any collaboration, under any license, provided he gets credit, and it's not commercial.

      If it is commercial, you can contact him and make a deal. I imagine he'll be reasonable about licensing it.

      I think people have this emotional feeling that they don't want to risk having their work exploited commercially by someone else, because that would be a ripoff.

      No, I think it has more to do with the fact that if you're going to be a major contributor to someone else's commercial product, you should be compensated for that.

      If it's not going to be a significant chunk of your work, then again, cite it and use fair use, as you would any other copyrighted work.

      There are just too many people out there who think they have the next bestseller on their hands.

      Well, again, if NC is a problem, that means obviously I do have something of commercial value to someone. Why is it so wrong for me to want a cut?

    3. Re:GFDL versus CC-BY-SA; noncommercial licenses by spinkham · · Score: 1

      GFDL 1.3 has terms that allow Wikipedia to migrate all their content to CC-BY-SA, as long as they do it by the middle of this year. So score one for license consolidation.

      --
      Blessed are the pessimists, for they have made backups.
    4. Re:GFDL versus CC-BY-SA; noncommercial licenses by bcrowell · · Score: 1

      GFDL 1.3 has terms that allow Wikipedia to migrate all their content to CC-BY-SA, as long as they do it by the middle of this year. So score one for license consolidation.

      Interesting. I guess that still doesn't help much with material that was originally contributed to WP under earlier versions of GFDL, does it? Seems like it would make more of a difference for recently uploaded photos than for articles.

    5. Re:GFDL versus CC-BY-SA; noncommercial licenses by Bruce+Perens · · Score: 3, Informative

      I agree that GFDL is a botch. I used the Open Content License (otherwise mostly unknown today) for my own books. My problem with Creative Content is that it's one name over a broad spectrum of incompatible licenses that have few rights in common other than the right to read the text at all. Can/can't distribute, can/can't do it commercially, can/can't modify, and so on.

    6. Re:GFDL versus CC-BY-SA; noncommercial licenses by spinkham · · Score: 1

      Wikipedia has always used the verbage with the "or any later version published by the Free Software Foundation" clause, so they can at their convenience switch licenses.

      --
      Blessed are the pessimists, for they have made backups.
    7. Re:GFDL versus CC-BY-SA; noncommercial licenses by jonbryce · · Score: 1

      It doesn't allow you to bring in materials from both licences, because the materials you bring in aren't dual licenced and hence can't be combined together.

      Dual licencing allows other people from both camps to use your materials, so it is a good idea for that reason.

    8. Re:GFDL versus CC-BY-SA; noncommercial licenses by mlinksva · · Score: 1

      My understanding is that this is one or the other, but not both simultaneously. That is, you can have a GFDL edition with only GFDL materials, and a CC-BY-SA edition with only CC-BY-SA materials. But you can't have one edition with both.

      The copyright holder can offer any number of nonexclusive licenses. Though intuitively it may seem that a potential licensor can only accept one of the offers, this doesn't seem to be the case in reality, eg see adaptations of dual licensed images on Wikimedia Commons that are also dual licensed and dual- and triple-licensed software projects that remain in that state with multiple contributors and distributors. However, IANAL.

      That actually makes a lot of sense. If it has zero commercial value, the NC will never be a problem, because it will only be used in noncommercial works. If you're complaining because you want to use it in a commercial work, then it obviously has commercial value -- he could potentially sell you the rights under a different license. ... If it is commercial, you can contact him and make a deal. I imagine he'll be reasonable about licensing it. ... Well, again, if NC is a problem, that means obviously I do have something of commercial value to someone. Why is it so wrong for me to want a cut?

      You can want a cut, but you won't get one, and your work is less likely to be used as well. The bar isn't potential nonzero commercial value, it's actual commercial value greater than the transaction costs to clear the work.

    9. Re:GFDL versus CC-BY-SA; noncommercial licenses by bcrowell · · Score: 1

      You can want a cut, but you won't get one, and your work is less likely to be used as well. The bar isn't potential nonzero commercial value, it's actual commercial value greater than the transaction costs to clear the work.

      I agree with your economic analysis, and there are also noneconomic factors. Imagine if Linus had released the original Linux kernel under a license that forbid commercial use. His work had enormous commercial potential, but if he'd chosen a noncommercial license, I doubt that anybody else would have been interested in contributing. It would have remained a toy project, and the problem would have been ideological, not a problem with transaction costs. You can't get a collaborative open-source project going unless you can build interest among open-source enthusiasts. Look at the way the OLPC's supporters from the OSS world have been jumping ship following the controversy about Windows on the XO. "If I can't dance to it, it's not my revolution."

      The NC also has the effect of accentuating the unequal status of the original copyright holder and later contributors, because the NC isn't intended to make sure no profit can ever be made from the work, it's intended to make sure that nobody else can ever profit from it. A true copyleft can also have unequal legal status for the copyright holder and everyone else (e.g., the FSF requires copyright assignments from anyone who contributes to a GNU project), but nobody cares about that because you can still fork the project. After a fork, nobody cares that a big chunk of the copyrights are still owned by the original developer, because it doesn't interfere with the project's ability to go forward.

    10. Re:GFDL versus CC-BY-SA; noncommercial licenses by mlinksva · · Score: 2, Informative
      The http://en.wikipedia.org/wiki/Open_Content_License is/was a copyleft license, incompatible with both the FDL and CC-BY-SA, hence is a really bad idea for use with new works (but kudos for using it long before alternatives existed). The author has long recommended using one of the CC licenses instead.

      Creative COMMONS deprecated its two almost never used licenses which did not permit at least global noncommercial verbatim distribution, see http://creativecommons.org/weblog/entry/7520

      Incompatible licenses within the CC suite is of course a valid criticism. For those who get the requirements of the OSD/free software, the solution is to stick to using CC-BY and CC-BY-SA, which CC calls out with approved for free cultural works branding.

      Disclaimer: I currently work for CC.

    11. Re:GFDL versus CC-BY-SA; noncommercial licenses by mlinksva · · Score: 1

      The unequal status exists only for the original work, except in cases of assignment. Modified works with many contributors under a NC license -- indeed, nobody can ever profit (modulo fair use of course :)). At least for works with many contributors, NC creates a commercial anticommons. It's possible this is more damaging for software than non-software, at least partially explaining why noncommercial licensing is essentially nonexistent for software. See slides 15-27 of http://www.slideshare.net/mlinksva/how-far-behind-free-software-is-free-culture-presentation for some handwaving on this.

    12. Re:GFDL versus CC-BY-SA; noncommercial licenses by Anonymous Coward · · Score: 0

      What license would you have preferred?

      As I see it, there are two scenarios:
      * You're proposing a use that would allow for commercial use in the future, but the license prevents you. The license is appropriately effecting the authors wishes.
      * You're not proposing this, and you can do such whatever with impunity.

      I don't see the bad.

    13. Re:GFDL versus CC-BY-SA; noncommercial licenses by bcrowell · · Score: 1

      Thanks for the interesting link. The relevant slide seems to be #25, "Maybe some artists want a commercial anticommons: nobody can be 'exploited' ... but most want to exploit commerce. NC maybe does both."

      I can think of lots of examples where an NC license is perfectly reasonable. For instance, a lot of short story authors get their work published in traditional magazines, but then try to pull in a little extra revenue via ad-based podcast sites like escapepod.org. A lot of professional musicians may be happy to have their recordings freely distributed simply in order to keep up demand for the live shows where they make their money.

      I'm not saying that NC licenses are completely bad. I just think it's sad when people whose work is inherently noncommercial use it reflexively in inappropriate cases, cutting off the possibility of letting the commons benefit from it.

    14. Re:GFDL versus CC-BY-SA; noncommercial licenses by EvanED · · Score: 1

      The NC also has the effect of accentuating the unequal status of the original copyright holder and later contributors, because the NC isn't intended to make sure no profit can ever be made from the work, it's intended to make sure that nobody else can ever profit from it.

      Alternately, you could argue that the NC is intended to make sure that if someone else wants to profit from your work, they have to go through you and give you a cut too.

      Personally, I think it sounds way more reasonable when phrased that way.

    15. Re:GFDL versus CC-BY-SA; noncommercial licenses by maxwell+demon · · Score: 1

      Indeed, I consider it problematic that there are incompatible licenses for code and documentation (and as I understand it, GPL and GFDL are indeed incompatible). Of course, at first glance, you'd think that both are not related, because they apply to inherently different types of work, but in reality that isn't true.

      The most obvious way to see this is documentation generated by tools like Doxygen. If your code is GPLed, then of course the Doxygen-generated documentation is GPLed as well, and thus cannot be combined witth GFDLed documentation. While this isn't a problem for the original author (since he owns the copyright, he can simply license the generated documentation under the GFDL), but it's a problem for anyone creating derived code. He has to strictly separate generated and self-written documentation.

      However, it's not restricted to automatically generated documentation. You might want to manually add some text from a source code comment into your documentation. Or you might even want to inlcude some parts of the code itself in your documentation, to explain it (for example, if you write an internals manual). Again, if the code and comments within are GPLed and the documentation you want to change is GFDLed, you can't.

      On the other hand, you might also want to use code from documentation. The documentation might contain some example code e.g. to explain usage of a library, and you might find it useful to use that exact code or something derived from it in your own project. But being part of the GFDLed documentation, the example code is GFDLed, and unless you can and want distribute your code under the GFDL (quite unlikely, I'd say), you therefore can't use it.

      And then there's literate programming. In literate programming, code and documentation are written in the very same file (actually, one could also see it as generating the code from the documentation, i.e. actually being the reverse of tools like Doxygen). Now, what license do you give those files? GPL? GFDL? Or maybe a complex system which tells you which (interwoven!) parts of the file are GPL and which are GFDL (so you may violate the license even by editing inside a file)? Maybe GPL/GFDL dual-licensing would work, but then, maybe that would have other, unintended consequences.

      IMHO there should be one single license covering both code and documentation. It's probably not easy to write such a license, but that doesn't mean it is impossible. Instead of differentiating according to the type of the work, differentiate according to the usage types (producing an executable vs. producing a file or print in a format to be read).

      --
      The Tao of math: The numbers you can count are not the real numbers.
  18. Re:in the OSI, the GPL gets special treatment by Omnifarious · · Score: 2, Insightful

    Please be specific. How does the GPL not satisfy the OSI standard for non-discrimination. If you're going to throw around a random inflammatory accusation as an anonymous coward you should at least back it up with facts or reasoning.

  19. Licenses that address one attorney's fear by Bruce+Perens · · Score: 5, Insightful

    So, we ended up with a modified BSD license: the standard 3-clause plus one more to address the lawyer's concerns

    This is a problem. It seems that every attorney has their own fear, which they insist on writing into their own license that you must use.

    But IMO the largest part of the problem is that few companies are effective at managing their own attorneys. Many technical managers feel that law is a black art and that they can only manage what they understand. Top managers with this problem tend to structure the company so that middle managers can't push back on Legal, and must do whatever Legal says. And thus, company attorneys generally get their way even on small points. A general counsel who sits on the board is even able to do this to the CEO, if the other board members aren't good at managing attorneys.

    If it is imposed on the attorney that using an OSI-accepted license is important, the attorney can probably do a reality-check on their own fear. The fact that this doesn't happen is more an issue of management effectiveness than anything else.

    Thanks

    Bruce

  20. Just one by Anonymous Coward · · Score: 4, Funny

    You only need one license.. The WTFPL

  21. Still seems to me a little simplified by Moraelin · · Score: 1

    I have actually RTFA, but it still seems to me a little simplified.

    E.g., you yourself give the example of AFFERO GPL as a case where an extra tweak was considered needed because of the software-as-a-service phenomenon. That both are "sharing with rules" just glosses over a distinction that obviously someone thought relevant to their values. One camp basically says "I only want your sources if you distribute the software in binary form", while the other basically says, "I also want them if you run them on your servers." Over-simplified, but you get the idea.

    That's just the kind of fine points that make the tastes and values of person X differ from those of person Y or from those of company Z. Even if they both can be lumped under the same "sharing with rules" pot, there's always some aspect or detail that two different people see in two different ways. Different details or distinctions can lead someone to really needing yet another license.

    E.g., the LGPL you mention yourself is basically a case of wanting something in between "gift" and "sharing with rules". I don't think it's the only possible point between the two. Different people may well feel that a different point in that interval is the best for them.

    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:Still seems to me a little simplified by Bruce+Perens · · Score: 2, Informative

      One camp basically says "I only want your sources if you distribute the software in binary form", while the other basically says, "I also want them if you run them on your servers." Over-simplified, but you get the idea.

      I think it's more a matter of history. There was no SaaS when the GPL was written, or the GPL would have addressed the issue. In the first discussions leading to GPL3, way back in 2004, we were talking about addressing the "ASP problem" in GPL3, not the Affero version. Further GPL revisions stick to the basic principles of the first.

      It really breaks down into "sharing is possible" and "sharing is mandiatory", and everything else is an elaboration on that theme.

      Thanks

      Bruce

    2. Re:Still seems to me a little simplified by Anonymous Coward · · Score: 0

      I think it's more a matter of history. There was no SaaS when the GPL was written, or the GPL would have addressed the issue.

      Baloney. Renting access to software services was the main industry business model back in the mainframe days.

    3. Re:Still seems to me a little simplified by T-Ranger · · Score: 2, Informative

      Yes there was SaaS when the GPL was written. Significantly before it. Or at least attempts at it.

      The Multics project has the very specific purpose of making computing resources a service, just like phones and electricity. CompuServe was one specific example, setup in 1969, to provide time-sharing services to external companies.

      Arguably, pre-1975, SaaS was the default, not the exception. Computers were rented, perhaps on your premises, and tended to by vendor techs.

      Anyway, this mantra of "we didn't know about it" really makes [GPL supporters] look stupid. I mean really, are you trying to tell me that RMS had never heard of Multics?

    4. Re:Still seems to me a little simplified by Bruce+Perens · · Score: 1

      There isn't any question that RMS experienced Multics. But at the time he wrote the GPL, it was very unlikely that a modified version of the software it applied to would be performed to the public on a large scale and never distributed.

      Bruce

    5. Re:Still seems to me a little simplified by Tacvek · · Score: 1

      Bruce probably meant to say that there was no proprietary software as a service. Every Multics system shipped with the entire source ready to be pulled up by any user who wanted to look at at. By the time proprietary software was the norm, software as a service was largely abandoned, and remained only a minimal concern to Richard Stallman's ideals until somewhat recently.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    6. Re:Still seems to me a little simplified by drinkypoo · · Score: 1

      But at the time he wrote the GPL, it was very unlikely that a modified version of the software it applied to would be performed to the public on a large scale and never distributed.

      ITYM it seemed unlikely. Because the actual likelihood never changed.

      In fact, it was basically guaranteed to happen, and in fact it was the pervasive thinking in computing from the beginning when IBM estimated that there would only be a need for a small number of computers worldwide. The idea was always that computing would be centralized for efficiency and ease of upgrade, and that users (At any level) would simply have terminals.

      To suggest that SaaS should not in fact have been immediately obvious to anyone who understood computers and networks is an unnecessary and unwarranted apology.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:Still seems to me a little simplified by T-Ranger · · Score: 1

      I've been saying this basically for ever.

      Another specific example was the goal of ARPANET.. To allow remote access to centralized (scarce, and expertly managed) computer resources.

      On an unrelated matter, (this was pre-GPLv3 discussion) I remember reading a mailing list thread where RMS seemed suppressed at the existence of gaming consoles (paraphrasing: why would anyone want a computer they cant program?)

      A major debate these days is firmware blobs, if they count as source, if there existence in the kernel, in distros, etc. Personally, I don't see this as being any "worse" then actual firmware... But firmware has been around for... For ever. At a speech RMS gave locally a month ago, I kinda called him on this, and he more or less dismissed the issue as saying that firmware wasn't software, but loading a blob from disk clearly was.

      From a purely pragmatic point of view, 10 years ago things like SCSI HBAs were not upgradeable in the field (if at all); users could not change the code running on the board at all. Today, I can load bug-fixed firmware from the driver; I still can't make local changes to the code. Pragmatically I'm better off today. Freedom wise, I'm no worse off.

      I guess my point is that these things: SaaS, Tivos or Playstations, loadable firmware seem to be issues that the community is struggling with currently. But they are all pretty predictable.

      Also, how is Hurd going? "Zero know bugs" release policy for Emacs. GCC being basically forked (and un-forked).

      I'll take RMS over a "series of tubes" politician, but I think it is pretty clear that the leadership is out of touch with modern technology.

  22. standards by DaveGod · · Score: 1

    Consider the "branding" issue: fundamentally what does "open source" tell you about the software? As someone unfamiliar with coding and all these licences, I have no idea what "open source" is supposed to mean beyond the source code being viewable for inspection. I would ask forgiveness for my ignorance, but with 73 incompatible licences I can't imagine it can mean much more than that.

    I think that while people are (and should be) free to use whatever licence they wish, there should really only be a few which are encouraged, endorsed and in widespread use. Otherwise it does not carry the advantages from being a standard.

  23. RMS against "ownership", not copyright by jonaskoelker · · Score: 1

    Remember that Richard is against software being copyrighted

    Not quite exactly. What RMS opposes is the practice of not giving people freedom with respect to the software they run.

    To your credit, it's true that copyright as it's typically applied is part of what RMS is against---but I suspect that he won't be happy if copyright was abolished tomorrow: we could all share our binary copies of Windows, but without source code freedoms 1 and 3 in effect don't exist. The freedoms are the crucial part (to him).

    Whether the collective you agrees or not is up to you to decide; I'm just trying to present Richard's opinions and observations, as I understand them.

    1. Re:RMS against "ownership", not copyright by Plunky · · Score: 1

      ... if copyright was abolished tomorrow: we could all share our binary copies of Windows, but without source code freedoms 1 and 3 in effect don't exist.

      If copyright was abolished, you could download the Microsoft Windows source code from your nearest bittorrent tracker pretty well right away I would have thought, even if the people running the Microsoft corporation didn't release it themselves.. something that big can never remain a secret, and if they did by any means manage to keep a part of it secret, it would be rewritten by somebody else. Be sure of that.

    2. Re:RMS against "ownership", not copyright by Tweenk · · Score: 1

      I think that abolishing copyright would make Microsoft *less* likely to release their source. To date they have successfully prevented the public from obtaining Windows source code, except a small portion of Windows 2000 code. If copyright was abolished, they would immediately lose most of their business, and keeping the source code secret and living off contractual improvements and services would be their only chance at survival.

      --
      Those who would give up liberty to obtain working drivers, deserve neither liberty nor working drivers.
    3. Re:RMS against "ownership", not copyright by Tacvek · · Score: 1

      The way I see it, Microsoft has been doing a reasonable job keeping the Windows Source fairly secret. (They do have programs where researchers (Universities) can have access to most of the code, and other programs for companies with special reason to need windows source code access, but they do a good job at avoiding leaks through these programs).

      Only one major source code leak (albeit a double leak (NT 4.0 and W2K)) has occurred yet that I am aware of. Hmm. Somehow I must have missed or forgotten about a Vista Source leak.

      OK only two source leaks. Both missing very large chunks of the OS. Not bad for such a high profile target.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    4. Re:RMS against "ownership", not copyright by Anonymous Coward · · Score: 0

      Some universities have a copy of a part of a recent kernel (2k3 IIRC) and it should not be to hard to find on the black market...

      Some governments probably have access to the whole source code and a friendly employee of one would probably publish a copy on the Internet 10 seconds after abolishment of copyright.

  24. sounds kind of biased in the other direction by Trepidity · · Score: 2, Interesting

    I frequently hear them characterized that way, and I talk mostly to Windows-using academics who're discussing how to release their code, and could hardly care less about Linux or the Free Software Foundation.

    The general viewpoint of options that get bandied about is something like:

    1. "Research-only" or "non-commercial-use" license: minimal release that will ensure researchers who want it can get it, while retaining all commercial rights that default copyright gives.

    2. Copyleft licensing: release that allows code to be used commercially or non-commercially, but only in free-software projects using the same copyleft license.

    3. Permissive licensing: release that allows code to be used for any purpose, provided the copyright notice is maintained.

    The first is is probably, unfortunately, the most common release mode for research code (though this is changing), since it feels like "giving away" the least as far as potential commercial exploitation goes. The second is usually an easier sell than the third, because it at least guarantees that Microsoft can't put your algorithm into the next version of Excel without paying you, which is the main thing people who get cold feet about releases are worried about (that they're giving away a potential source of livelihood for free).

  25. The answer is yes (by anecdote) by jonaskoelker · · Score: 1

    I seem to recall that RMS, in one of his talks, highlights an example where a company uses libreadline in a program, and when finding out that libreadline is released under the GPL (I think through the FSF pointing it out), the company decides to release their product under the GPL.

    I know, [citation needed]. I apologize that I can't give it. The jury will disregard this post ;-)

    1. Re:The answer is yes (by anecdote) by skeeto · · Score: 1

      You may be thinking of CLISP. It was non-GPL and used libreadline, Stallman pointed out the GPL issue, a public e-mail exchanged ensued, and Haible eventually agreed with Stallman and decided to go GPL with CLISP.

    2. Re:The answer is yes (by anecdote) by Tacvek · · Score: 1

      IT is worth noting that in those very same emails, we discover that the reason GCC has an Objective-C front-end is because NeXT wanted to be able to re-use the gcc back-end, but thanks the the GPL, it could not unless it licensed the front-end under the GPL. So Steve Jobs decided that the Objective-C compiler was not really that important to keep proprietary, especially given all the work that would be needed to write a new back end, so he authorized releasing it under the GPL.

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
  26. Lincoln by Ogive17 · · Score: 1

    Abraham Lincoln says four score plus seven. It is President's Day afterall...

    --
    "Action without philosophy is a lethal weapon; philosophy without action is worthless."
  27. there's a number of pretty clear examples by Trepidity · · Score: 1

    The clearest examples, of course, are the "hardball" ones: code releases where the person in question did not want to release the code for their derived version, but was forced to do so as part of the settlement of a GPL-violation lawsuit. For example, Monsoon Media released their source code only after being sued by BusyBox developers. It seems pretty clear that had BusyBox not been copyleft-licensed, Monsoon Media wouldn't have released their code.

    1. Re:there's a number of pretty clear examples by new-black-hand · · Score: 1

      That is my point. Those who have no intention of releasing code are not going to regardless of what the license says.

      When you have a party that derives code but then becomes uncooperative, what value do they add to the community in any case?

      The key benefit of open source is that with an efficient ecosystem of code production and maintenance, developers have a readily accessible repository of code that solves known common problems.

      This code can be used so that wheels are not re-invented, and so that businesses become more efficient by instead focusing on 'differential' aspects of their service or product offerings rather than plumbing code.

      Since Linux, operating systems are now commoditized, and companies such as Google and Amazon have gone on to use this 'plumbing' to build great services. Without open source, both companies would have spent an extra 5-10 years on development, and likely would never have existed.

      The problem now is that the FSF looked at all these companies with billion dollar valuations who were all built on open source plumbing code and decided that it wasn't fair - so they are trying to put an end to it with GPLv3 and the new services provisions.

      These new forces being applied to what is an extremely efficient ecosystem of code sharing will completely break apart open source as we know it. The next Google or Amazon will have to look at either other commercial solutions, or more liberally licensed plumbing code in order to build their services platforms.

      Forced sharing is simply another restrictive force in the economics of open code. Companies will be a lot less likely to contribute and a lot less likely to participate in this environment if they are restricted in what they can do with the code they have built on open code.

    2. Re:there's a number of pretty clear examples by Timothy+Brownawell · · Score: 1

      These new forces being applied to what is an extremely efficient ecosystem of code sharing will completely break apart open source as we know it.

      Can't happen. Any movement in that direction would very quickly result in the instigators being widely ignored, regardless of their (prior) status.

  28. GNU/Linux Distros by chill · · Score: 2, Interesting

    I once too the time to put the core programs that make up a basic Linux distro into a spreadsheet, making notes on the programming language they used, file size and license. I used Linux From Scratch, so I could get an idea of a "core" working system, as opposed to thousands of packages. I think I narrowed it down to just over 60 packages to provide the basics. It taught me a couple of things.

    1. Richard Stallman is right, the correct term is GNU/Linux. I was amazed at the percentage of packages in the core OS -- not applications -- that were from the GNU project. It was something like 75% or so.
    2. C is by far an away the most dominant programming language. (Yeah, I know it should have been obvious. Duh!)
    3. There are too many licenses. Off the top of my head I bumped into: GPL2, GPL3, BSD-2, BSD-3, MIT, Artistic, OpenSSL's "thou must advertise us" variation, Vi's Charityware, and at least one public domain.

    Have you looked at it from this perspective? And would you consider approaching some of the existing projects with changing their license to one of your four?

    --
    Learning HOW to think is more important than learning WHAT to think.
  29. journal-article link by Trepidity · · Score: 1

    As an example of that viewpoint, this article (PDF), from a 2007 volume of the Journal of Machine Learning Research characterizes open-source license choices from the perspective of scientists releasing their software as follows:

    1. "A developer who wants to give away the source code in exchange for proper credit for derivative works, even closed-source ones, could choose the BSD license."

    2. "A developer who wants to give away the source code, is comfortable with his source being incorporated into a closed-source product but still wants to receive bug-fixes and changes that are necessary to his source when integrating the code could choose the GNU Lesser General Public License (LGPL)."

    3. "A developer who wants to give away the source code and make sure that his program stays open source, that is, any extension (or integration) will require both the original and the derived code to be released as open source, could choose the GNU General Public License (GPL)."

    1. Re:journal-article link by ClosedSource · · Score: 1

      I think that's a good summary except for the phrase "his program stays open source" in #3. "his program" doesn't include extensions other people have added to it. The code he has actually written will remain "open" in all 3 cases. It should just read:

      3. "A developer who wants to give away the source code and make sure that any extension (or integration) will require both the original and the derived code to be released as open source, could choose the GNU General Public License (GPL)."

      The idea that non-GPL licenses allow your software to become non-open source is just untrue propaganda.

  30. Different licenses for different business purposes by Bruce+Perens · · Score: 3, Insightful

    The Apache-style license is a gift because a company can use the work without any quid pro quo. Obviously, much Open Source is written as part of someone's employment, whether it is BSD or GPL licensed.

    Dual licensing does give some special rights to one party. In general, this one party is the main contributor, and their business purpose doesn't work without dual licensing - because they won't have a revenue stream that supports their creation of the software. A license that does not fulfill that purpose is hardly more "business friendly" than one that does.

    This is not a matter of philosophy, just business sense.

    Bruce

  31. He missed one: public domain by ljw1004 · · Score: 2, Interesting

    Bruce missed the one option I think is the most important: public domain. It's not a license and so captures the "giftiness" of the gift licenses better than any of them.

    1. Re:He missed one: public domain by Bruce+Perens · · Score: 1

      I don't like public domain because there's nothing to protect you from patent lawsuits.

    2. Re:He missed one: public domain by Hatta · · Score: 1

      There is no public domain in the US. There are very permissively licensed works, but there exists no mechanism in US law for renouncing ones copyright.

      --
      Give me Classic Slashdot or give me death!
    3. Re:He missed one: public domain by VGPowerlord · · Score: 1

      There is no public domain in the US. There are very permissively licensed works, but there exists no mechanism in US law for renouncing ones copyright.

      Sure there is. Anything prior to... 1912, I think, is in the public domain.

      Just because Disney^WCongress has been extending copyright length doesn't mean public domain is non-existent.

      --
      GLaDOS for President 2016! "Well here we are again. It's always such a pleasure." -- GLaDOS, 2011
    4. Re:He missed one: public domain by VisceralLogic · · Score: 2, Insightful

      I'm not sure how another license would protect you from patent lawsuits. If you've released your code publicly, the patent owner can review your code and sue you, not necessarily needing to run it or anything to determine patent infringement.

      --
      Stop! Dremel time!
    5. Re:He missed one: public domain by mr_matticus · · Score: 1

      Utterly false. All it takes is a simple, signed statement to the Register of Copyrights and the same note on distribution. "I hereby release this work into the public domain" works quite nicely.

    6. Re:He missed one: public domain by Twylite · · Score: 1

      Bruce, you've cited patent protection as a good reason to use the Apache License (in your article and in several comments here).

      But my understanding is that the Apache License v2 is "less free" than the newBSD/MIT licenses. That is, if I release a work under Apache License v2 it cannot be incorporated into another work or collection that is newBSD/MIT licensed.

      It seems to me that the patent protection clause splits the "gift" category into two. If the developer's intention is to allow the work to be as widely used as possible, is the Apache License v2 really the right way to go?

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    7. Re:He missed one: public domain by Bruce+Perens · · Score: 2, Interesting

      It won't protect you from everyone, only from companies that are actually making use of your software. There is language to that effect in all of the licenses I suggest.

    8. Re:He missed one: public domain by Bruce+Perens · · Score: 2, Interesting

      But my understanding is that the Apache License v2 is "less free" than the newBSD/MIT licenses. That is, if I release a work under Apache License v2 it cannot be incorporated into another work or collection that is newBSD/MIT licensed.

      There seems to be a persistent source of BSD licensing propaganda that says these things. IMO he or she is attempting to mislead you, or is self-decieved.

      It is entirely legal and ethical to combine work under the BSD and Apache 2.0 licenses. When you do so, part of the work is under the BSD license, and part is under the Apache license, and you have to follow the rules of both.

      What whoever-it-is is complaining about is that when you combine the two works, the part that is under the Apache license doesn't automatically become a work under the BSD license instead of the Apache license.

      This is also true for all other licenses. Unless there is a license somewhere that says "if you combine me with a BSD work, I automatically become the BSD license".

      I can't imagine what whoever-it-is expected would happen. I would rather have the Apache license anyway, because of the patent terms. Who wants to lose them?

      Bruce

    9. Re:He missed one: public domain by Twylite · · Score: 1

      Heh - I have not actually been advised of anything, although my understanding is based on the OpenBSD/Apache issue (who'd have guessed?).

      I think my phrasing here was bad - I am well aware that two such works could be combined, and the resulting work would be part under one license and part under the other.

      The problem is that the _effective_ license of the combined work becomes the Apache license. That is, in order to deal in the work you must follow the rules of both, and the Apache license completely encompasses the new BSD license and adds additional clauses (patent license, contribution clause, etc), so to "follow the rules of both" you must effectively follow the Apache license.

      So you release code under the Apache License v2, hoping for it to be widely reused. But a project that is BSD licensed will not use the code, because doing so will change the effective license of the project from BSD to Apache. (the project as a whole is now the combined work, and it must follow the rules of both licenses). That will probably not be acceptable to the project's maintainers. Neither will the code be used by the GPLv2 community as the Apache v2 is incompatible with the GPL.

      Assuming my primary concern is to allow anyone to use the code, is anything I've said here incorrect?

      --
      i-name =twylite [http://public.xdi.org/=twylite], see idcommons.net
    10. Re:He missed one: public domain by Bruce+Perens · · Score: 1

      I can't think of a license where the above is not the case. If you combine two of them, you get the rules of both. Whoever is complaining about this, IMO, has unrealistic expectations.

      Thanks

      Bruce

    11. Re:He missed one: public domain by Anonymous Coward · · Score: 0

      But then again, public domain is no legal option in some countries, e.g. Germany or Austria. You cannot give up your copyright there.

  32. the point seems the opposite of that? by Trepidity · · Score: 1

    I don't see how you can draw your conclusion that "Those who have no intention of releasing code are not going to regardless of what the license says."

    There are dozens of examples, one of which I linked, of them doing precisely that: people who had no intention of releasing code, like Monsoon, being forced to do so by the license.

    1. Re:the point seems the opposite of that? by dirk · · Score: 1

      While this is true, it has to be balanced with the fact a lot of businesses will not touch anything GPLed because of these very cases. SO while there are a handful of cases of people being forced to release changes, how many companies that might have considered open source aren't for the very same reason? Is the net gain more than the net loss?

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    2. Re:the point seems the opposite of that? by joib · · Score: 1

      OTOH, many businesses won't contribute to BSD licensed projects, since they don't want to spend time developing code that their competitors can then take and incorporate into their proprietary products.

      Is the net gain more than the net loss?

      Since neither you nor I have a statistically valid sample of the boardroom discussions that led to a companies deciding to release or not to release code under the XXX license, we can scream about this until we are blue in the face and be none the wiser.

      That being said, I don't think that is a particularly fruitful approach, as it seems to imply that there is the one true license, if only everybody else would see the light. However, different companies and different individuals have different values. How nice then that Bruce Perens has gone through the trouble of endorsing the best licenses that cover the major bases. While this won't of course make all those zillion other licenses go away, I hope they will at least become increasingly marginalized.

  33. Re:It's over 9000!!! by Anonymous Coward · · Score: 0

    Wow. Way to make a shitty joke even shittier.

  34. Just one more... by dubbreak · · Score: 2, Interesting

    This reminds me of a musician joke:

    q: How many guitars does a guitarist need?
    a: Just one more.

    There is always going to be someone that thinks they need something just a little bit different to suit their particular needs. In reality the number of open source licenses could be dramatically reduced, but the human condition makes us each think we are unique and have special needs and requirements for our unique project.

    Are there too many open source licenses? Yeah. It's way to complicated for the end user. Will this ever change? Most likely not.

    --
    "If you are going through hell, keep going." - Winston Churchill
  35. 42 by BlueYoshi · · Score: 2, Funny

    It could be this question!

    --
    "Use cases are fairy tales..." I. S. 2005
  36. Who cares? by SwashbucklingCowboy · · Score: 1

    Who cares what Perens thinks anymore? He's just not relevant anymore.

  37. Why 'protect' something you want to give away? by Anonymous Coward · · Score: 0

    Why the concern with protection on something you want other people to use, something you want to be well tested, perhaps a standard for interoperability? I don't get it. Any protection that prevents the code from being used in any situation will mean it won't be as well tested, it won't have as many opportunities for improvement, and it won't be used as a basis for interoperability. If you don't want those things, why not keep the code to yourself instead of trying to control everyone else with restrictions?

    1. Re:Why 'protect' something you want to give away? by SanityInAnarchy · · Score: 1

      Any protection that prevents the code from being used in any situation will mean it won't be as well tested, it won't have as many opportunities for improvement,

      Probably true. Or it might encourage some people who otherwise wouldn't to do those things, but with your restrictions, rather than in a completely proprietary fork.

      and it won't be used as a basis for interoperability.

      Actually, this part is not true. After all, there are plenty of standards under far more restrictive licenses than the GPL, which are used for interoperability.

      In fact, this part is complete bullshit. Can you name a single public domain web browser? Have you noticed that the w3c's published specifications for such basic technologies as HTML don't seem to be under any license at all -- meaning, by default, they are copyrighted to the w3c?

      And yet, can you name anything more interoperable than the Web?

      why not keep the code to yourself instead of trying to control everyone else with restrictions?

      I don't get it -- how can I be trying to control anyone by giving it away, moreso than by keeping it to myself? If you don't like it, don't use it. And like magic, you've broken my control!

      Personally, I'm finding that I would rather not let my code be used as part of systems I consider to be evil, like DRM. However, I'm also finding that every license has problems, and I especially would not like to see a complete rewrite just to get away from whatever license I chose. I would much rather developers spend more time improving my code (and sending patches back) than worrying about licensing issues.

      --
      Don't thank God, thank a doctor!
    2. Re:Why 'protect' something you want to give away? by SanityInAnarchy · · Score: 1

      Whoops, correction -- the w3c does have an explicit license. However, it does place a few restrictions on its use.

      Why not ask them your question? It's certainly not public domain.

      --
      Don't thank God, thank a doctor!
  38. slashcode by mlinksva · · Score: 1

    It appears slashcode has moved to http://github.com/scc/slash/tree/master

  39. Businesses and Lawyers by geoffrobinson · · Score: 2, Interesting

    Businesses and lawyers are concerned about CYA maneuvers. You are concerned about efficiency.

    No one got fired because there were too many licenses.

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    1. Re:Businesses and Lawyers by Bruce+Perens · · Score: 4, Insightful

      No one got fired because there were too many licenses.

      That's silly, lots of companies have failed that might still be here with a viable Open Source strategy.

      Attorneys are concerned with avoiding liability for their company and having enforcible licenses. If you had an employee who went around all day with his hands on his buttocks due to some irrational fear, your choice would be to terminate him or send him for psychological help. Attorneys can be more paranoid than systems programmers, and sometimes a manager must temper this.

      Bruce

  40. Original copyright law? by SanityInAnarchy · · Score: 1

    I was just reading up on copyright law, and it turns out that the original copyright law was 14 years, plus a possible (single) 14-year renewal by the author, if still alive -- which I believe they had to actively secure for themselves.

    How about a license which says "This work passes into the public domain in 28 years," or better, "This work passes into the public domain in n years."

    For anyone on Slashdot who has the legal expertise, I really don't know how to code that into law, or what pitfalls I should expect after that time. But I would like to at least dual-license some of my stuff under that, and it would be nice to know which of the existing licenses are compatible.

    I think software copyright should be something like 15 years, and software patents more like 5 years. Honestly, in software, if you haven't made a profit off a program in 15 years, you're not going to, and if you haven't made a profit from a patent in 5 years, all that's left is patent-trolling.

    --
    Don't thank God, thank a doctor!
    1. Re:Original copyright law? by mr_matticus · · Score: 1

      You can do this by selecting your license and setting its termination date on the day before you formally abandon your copyright. Include language that indicates that after this date, the work will enter the public domain and be freely available to anyone, for any purpose.

      Be sure to include a good warranty and liability disclaimer.

      On the day after your licenses terminate, submit your statement to the Copyright Office.

      Pitfalls? The obvious. It is irrevocable, period, and only applies in the United States. In other countries, you are automatically entitled to the full term of protection thanks to the Berne Convention. This is why a good disclaimer is important, because foreign users might otherwise turn to you. You can't release your copyrights in all countries in a single act, though you can decline to enforce them, and if you were to attempt to enforce one abroad, you can certainly bet that the license's mention of public domain, and your US abandonment would certainly be brought in as evidence against you.

      If you are actually considering this, sit down with a licensing attorney to determine specifically what you need to do (and pretend you never saw Perens' ignorant "lawyers don't get open source!" crock of shit--you can bet that those who specialize in license and copyright law know more about the reality of open source licenses than Bruce Perens and RMS do; it's a rare specialty beyond just copyright law, and just like you wouldn't take your database issue to a web developer, don't take your legal issues to the wrong kind of lawyer). We're going to advise against it, because the actual reality of having no recourse when creators see their works used in ways they believe are "wrong" will always leave people frustrated.

      This is why the whole article is absurd. There is no possible world in which everyone would agree what the important objectives are, and even if there were, there's no way that everyone would agree on the best balancing model. There are always going to be a glut of licenses. It's entirely hypocritical for open source advocates to deny creators the freedom of choice in what is an extremely personal question: how to share your own creation.

      We can categorize licenses and group them together based on their similarities, and there are a limited number of basic types, and the point is taken that it is better to use an existing license where possible, and that there is little need at this point in time for additional open source licenses since most conceivable combinations are indeed covered. But to say that it is either practical or desirable to use the iron fist of One (or Four) True Licenses is simply moronic and a needless furthering of pseudoreligious dogma.

    2. Re:Original copyright law? by Anonymous Coward · · Score: 0

      Pitfalls? The obvious. It is irrevocable, period, and only applies in the United States.

      That last part is interesting.

      Irrevocable is the point. It's both a way to make a statement -- that I believe copyright law should be much more limited than it is, and I'm willing to put my money where my mouth is -- and it's a way to make it harder to kill, even by me.

      I would assume, of course, that if I incorporated parts of it into a completely new work, with significant changes, I would hold copyright over the new work -- but, obviously, the original public domain work would remain so.

      In other countries, you are automatically entitled to the full term of protection thanks to the Berne Convention. This is why a good disclaimer is important...

      I'll take your word for that. I always found it odd, of course -- is there really an implied warranty on any piece of software in the first place, that every disclaimer must say "no warranty"?

      Of course, I would assume that for other countries, it would be relatively easy to draft a license which is functionally equivalent to public domain. From what I can tell, the MIT license is very close -- all I would have to do is remove the "above copyright notice and this permission notice shall be included..." language.

      If you are actually considering this, sit down with a licensing attorney to determine specifically what you need to do

      I'm hoping to avoid this for as long as I can, but I see your point.

      We're going to advise against it, because the actual reality of having no recourse when creators see their works used in ways they believe are "wrong" will always leave people frustrated.

      I imagine it will. But that is also part of the point -- freedom of speech means freedom to say things very offensive to me. Similarly, freedom to use my work includes freedom to use it in ways I don't approve of, and intensely dislike.

      However, I believe that after a certain point, I've lost my opportunity to do whatever I was going to do with the work, and it doesn't belong to me anymore.

      I'm also hoping that by doing this, I might encourage others to do the same, meaning more public domain works. And that's always a good thing.

      There is no possible world in which everyone would agree what the important objectives are, and even if there were, there's no way that everyone would agree on the best balancing model.

      The essential problem there is when we have licenses which really are functionally equivalent, but incompatible. For example, the Gnu Free Documentation License is probably functionally equivalent to the Creative Commons Share Alike license. However, they are also incompatible, unless there's some new language I'm not aware of.

      This means that there are some communities which cannot share and remix written work, despite the fact that they share the same objectives with the same balance, because the licenses are incompatible. And that seems absurd to me.

      You're right, of course, it's unlikely that there will be far fewer, and I don't think anyone's suggesting that we deny people the right to choose whatever license they want. But this is a case where fragmentation (of licenses) hurts everyone.

      And especially in open source, it can be that much more difficult. With a corporation, it's at least possible to change a license, but Linux is likely to be GPLv2 forever.

    3. Re:Original copyright law? by mr_matticus · · Score: 1

      I would assume, of course, that if I incorporated parts of it into a completely new work, with significant changes, I would hold copyright over the new work -- but, obviously, the original public domain work would remain so.

      If it's a completely new work, it can't incorporate an existing work. If you are contemplating the production of a derivative work, if the derivation is itself copyrightable (not usually a problem with software), then you would hold the copyright in the derivative work. This would not restore any measure of control over the prior work.

      I'll take your word for that. I always found it odd, of course -- is there really an implied warranty on any piece of software in the first place, that every disclaimer must say "no warranty"?

      Yes. It's called an implied warranty because it's unstated, and if you create a product of commercial use (whether sold or given away), it is presumed that it carries all applicable implied warranties. Lay people tend to gloss over the point, and developers in particular, because they assume that "oh, everyone knows there's no liability for software bugs". The reason for this is because all commercial software specifically disclaims all warranties and all civil liability to the full extent that it can be disclaimed in any given jurisdiction. Nothing is released unto the public "as is" unless it's labeled that way.

      Of course, I would assume that for other countries, it would be relatively easy to draft a license which is functionally equivalent to public domain.

      License and public domain are mutually exclusive. You can write an exceptionally permissive license, but the function of public domain is total surrendering of control, which a license by definition is not.

      The question becomes what your purpose is in retaining a copyright for any period at all. This is why you have to sit down with an attorney--what is it that you want to do for 15 years that requires a copyright, and is what you want to do, in fact, a license or a license agreement (the GPL is in fact the latter, as are proprietary SLAs). The BSD and MIT licenses are much closer to true licenses in the legal sense, whereas the GPL's active participation requirement must be bound by assent. You must accede to the conditions and perform an overt act in order to qualify for the license grant. It's a true license only as long as you are not modifying or distributing. That's far too subtle a distinction for most people to grasp, though, even most attorneys working outside the field. Again, it's a worthwhile hour to spend.

      I imagine it will. But that is also part of the point -- freedom of speech means freedom to say things very offensive to me. Similarly, freedom to use my work includes freedom to use it in ways I don't approve of, and intensely dislike.

      Yes, and that's what everyone says in the beginning. You would not believe the number of people who then stumble across something that "crosses the line" a few years later and come back crying, hoping there was some loophole. It's a good intention, but as an advocate on your behalf, an attorney is going to challenge you to make sure that you really will be able to live with having absolutely no control, no right of attribution. Someone else can take credit for all the work, and unless you can pin civil fraud on them (which is a whole 'nother can of worms), there's nothing you can do to force them to retract the claim.

      If you're certain that's what you want and you're willing to live with the consequences of truly no control, more power to you. But it does tend to be something that doesn't quite have the mileage in reality that it does in rhetoric for most people.

      The essential problem there is when we have licenses which really are functionally equivalent, but incompatible. For example, the Gnu Free Documentation License is probably functionally eq

    4. Re:Original copyright law? by Aluvus · · Score: 1

      What you are describing is in the same vein as the Creative Commons Founders' Copyright, although I am not sure that there is a workable way to also offer the work under a permissive license until the conversion to public domain. Alternately, you could simply wait 14 years (or what have you) and then declare your work to be in the public domain. CC can help you with that too. Of course, all of this assumes that they will still exist in 14 or however many years.

      --
      Never mistake "can" for "should".
  41. GPL currently wins the popularity contest? by Anonymous Coward · · Score: 0

    GPL currently wins the popularity contest. But it seems to me that incompatibility is too big a cost if the benefit is just the popularity contest.

    That depends on where you live and what you consider differences in licensing. I would think the "we haven't even thought about that" and "if you are willing to pay, we can talk about what you want" license families are both larger than GPL.

  42. How many Open Source licenses do I need? by Chris+Mattern · · Score: 1

    Well, that depends on how computers I need to install it on, doesn't it?

  43. Hell no by Anonymous Coward · · Score: 0

    I really expect that no one will get inspiration from Stallman. He is just a radical geek without any idea of how work the real world.

    1. Re:Hell no by Improv · · Score: 1

      He started some pretty successful projects (even if some of the most notable examples are no longer directly maintained by the FSF), and provided the world a license that's at least one player in keeping computing open (for one definition of open, anyhow). I'm not sure how you're judging "radical" or "no idea how the real world works", but the products of his approach suggest he's successful by at least some measures.

      Likewise, some people might consider Jordan Hubbard or Theo de Raadt to be radical geeks who don't understand how the real world works, but when we look at what they've produced, it suggests that by at least some measures they're successful (while OpenBSD and OpenSSH are my particular favourites for the high-visibility things, the code audits done by the OpenBSD folks are probably more important over the long run when they end up making their way back upstream into the large number of separate high-visibility projects).

      --
      For every problem, there is at least one solution that is simple, neat, and wrong.
  44. A short list is important by dwheeler · · Score: 1

    I agree that a short list is important. I'd add "GPL version 2 or greater", "LGPL version 2 or greater", the BSD-new, and the MIT licenses to the short list of "reasonable licenses"; that list is still really short. I would recommend using the MIT license instead of the Apache 2.0 license; one problem with the Apache 2.0 license is that it's not compatible with the GPLv2 (though it is compatible with GPLv2 and GPL "version 2 or later"). In contrast, the BSD and MIT licenses are compatible with GPLv2.

    It's particularly important to choose a license that's compatible with the GPL. The GPL is the most popular license, by far, so if every component is compatible with the GPL (of a specific version), then you can combine them all. I go into this in Make Your Open Source Software GPL-Compatible. Or Else.

    You can see how that list of licenses (above) is compatible by examining my article, "The Free-Libre / Open Source Software (FLOSS) License Slide". Bruce is right, life becomes too complicated by trying to handle 70+ licenses. A short list, which are mutually compatible (or nearly so), is far more reasonable.

    --
    - David A. Wheeler (see my Secure Programming HOWTO)
  45. The License Proliferation Straw Man by Weasel+Boy · · Score: 3, Insightful

    Bruce's article discusses license proliferation from the perspective of how-do-I; I'd like to confront those who use it to say why-should-I.

    I used to work for a company whose lawyers argued that we must avoid Free Software because there were too many licenses to understand. Really.

    Okay, so hundreds or thousands of Free Software products tend to use one of a few dozen licenses. We get that.

    When you use proprietary software, every software product is governed by its own unique license. This is an improvement?

    License proliferation is a totally bogus reason not to use Free Software.

    Epilogue: My former employer has since seen the light. The legal team (whole executive team, actually) was sacked, and the company now uses and writes software under the GPL.

    1. Re:The License Proliferation Straw Man by radtea · · Score: 1

      Thanks for making this point--I was scanning the thread to see if I was going to have to make it (again) myself.

      Every proprietary app uses its own unique license. There are thousands, possibly tens of thousands of them. Anyone who says, "There are too many open source licenses, I'm so confused, I can't handle it, let's buy from Microsoft" is either an idiot or hiding an ulterior motive the size of as small spacecraft. Maybe even a large one.

      --
      Blasphemy is a human right. Blasphemophobia kills.
  46. Re:It's over 9000!!! by Anonymous Coward · · Score: 0

    Good job making a shitty joke even shittier.

  47. The GPL is difficult to understand by james_gnz · · Score: 1

    I disagree with this statement: "Understanding licenses isn't really an Open Source issue." Even for someone who understands the basic idea of the GPL, understanding the finer details of how the licence is intended to achieve this may be difficult, IMHO. For someone who doesn't understand the basic idea (and outside the world of GNU/Linux this is the norm), the GPL is undoubtedly even more confusing.

    IMHO, the GPL would be easier to understand if it was arranged to list the rights it allows, and all the responsibilities associated with each right, something like as follows (numbers in braces refer to corresponding sections in the GPLv3):

    Preamble
    0. Definitions. [0, 1]
    1. Receiving a Licence.
      1.1. License grant is given upon receiving the Program. [10p0s0, 2p0s0, 11p0-2&7, 3p0]
        a. License acceptance is implied by modifying or propagating. [9]
        b. No warranty is provided, unless in writing for a fee. [15, 16, 17]
        c. Additional liability disclaimers may apply. [7a]
        d. Additional publicity restrictions may apply. [7d]
        e. License adherence is not excused by other obligations. [12]
        f. License termination may result from license breach. [8]
      1.2. Additional permissions may apply. [7p0, 7p9s0-1, 14]
    2. Using the Program.
      2.1 Using the unmodified Program and fair use are unlimited. [2p0s1-3]
      2.2 Making and using covered works is permitted. [2p1, 2p2s0]
    3. Conveying Source.
      3.1. Conveying verbatim copies of source is permitted. [4p0s0, 4p1]
        a. Licensing restrictions may not be imposed. [10p0s1&p2, 2p2s1]
        b. Patents, if they protect you, must protect everyone. [11p3-6]
        c. Technical measures may not be enforced. [3p1]
        d. Notices must be retained and made conspicuous. [4p0s0]
        e. Additional names and marks terms may apply. [7e]
        f. Additional liability indemnification terms may apply. [7f]
        g. Transfer of control requires transfer of rights. [10p1]
      3.2. Conveying modified source versions is permitted. [5p0s0 parts]
        a. Above terms of Section 3.1 apply. [5p0s0 part]
        b. Licensing must be available under this License. [5c, 7p1-2, 7p9s2]
        c. Notices must be included and prominent. [5abd, 7p10-11]
        d. Additional notices terms may apply. [7bc]
    4. Conveying non-source forms is permitted. [6p0s0 part]
        a. Above terms of Sections 3.1 and 3.2 apply. [6p0s0 part]
        b. Source code must be made available. [6p0s0 part, 6p1-6, 6p11]
        c. Installation information is required for User Products. [6p7-10]
    5. Conveying Non-GPL Works.
      5.1. Conveying linked Affero GPL works is permitted. [13]
      5.2. Conveying aggregates is permitted. [5p5]
    How to Apply this License

  48. depends on the goal by portscan · · Score: 1

    the BSD license is the ideal license for openssh, since the goal is maximum use of the code. the code already works and does not need much improvement. ssh was designed to kill the clear text rsh/rcp/rlogin/telnet protocols which made the internet a much less safe place. now openssh is a de-facto standard. it can be put in proprietary products or modified however developers see fit. but the protocol remains and more people use it b/c it has a very simple (2 clause) license. nobody has to be afraid of using however they like. if it were gpl, it would be incorporated into fewer other products and it would be more difficult to achieve the goal that everyone use ssh instead of crappy, insecure r-protocols.

    seems like gpl is for maximum openness of software where it is used; bsd is for maximum adoption of software.

    i think the openbsd/openssh guys don't view themselves as "unpaid labor" -- rather they are developing tools to make the internet (and various sub-networks) a safer place for all users. they are non-commercial so they don't have to worry about "competitors"--they just want maximum adoption of their high-quality code and of their excellent security practices.

    1. Re:depends on the goal by Ash-Fox · · Score: 1

      the BSD license is the ideal license for openssh, since the goal is maximum use of the code. the code already works and does not need much improvement

      I agree, however, I think this issue is truely unique to OpenSSH. Most other software wouldn't benefit the same way from this in my opinion.

      seems like gpl is for maximum openness of software where it is used; bsd is for maximum adoption of software.

      It does seem that way, but practically, I think about what software is used more by the people, it seems that more people use GPL software than BSD. Just look at the adoption usage of Linux kernels over BSD kernels, GPL userland over BSD-ish userland, GPL desktop environments (Gnome, KDE), over BSD-sh (Fluxbox - okay, it's MIT, but it's essentially the same as BSD in this case) - it shows that, this is not what happens practically.

      --
      Change is certain; progress is not obligatory.
    2. Re:depends on the goal by portscan · · Score: 1

      all windows machines have--or at least used to have--a (Free)BSD TCP/IP stack, and MacOS X is FreeBSD (+hacks). What about the X.org license itself, which is a BSD-type license. All of these are more used than linux or are the plumbing enabling things like GNOME and KDE.

      As for userland (and I think it's true for desktop environments, too) the GNU project is just including more features in their tools, while BSD licensed tools stick to the standard (or minimalist appearance in the case of desktops). Either way, I would say there is far more BSD code running on people's machines than GPL code, although such a claim could never be proven.

      I don't think that the issue is true of OpenSSH. It is true of any internet/server/protocol technology. Web servers, database servers, firewalls, ftp servers, email servers, and even web browsers would all benefit from having robust and secure code freely available to anyone who wishes to incorporate them into their products. The computing world would be more secure, but the developers would not get the credit they want.

      Eh, I'm not sure where I stand on the GPL vs. BSD debate, but each probably has their own benefits.

    3. Re:depends on the goal by Ash-Fox · · Score: 1

      all windows machines have--or at least used to have--a (Free)BSD TCP/IP stack

      Actually, Windows 3.11 for workgroups had winsock 1.x which was really a commercial product that provided TCP/IP under Win9x. It was a fairly bad port of BSD's TCP/IP stack and Microsoft's only intention at the time was to make it easy to port Unix socket based applications to Windows with it. Winsock 1.x was a unstable piece of doodoo.

      However winsock 2.x came out, and while it retained a significant backwards compatibility with Winsock 1 and still emphasized on make it easy to port Unix applications to Windows (even though it still wasn't 1:1 par on compatibility with certain things), by that time, the majority of the original Winsock 1.x code was pretty much gone and from the leaked sources of Winnt, win2k that spread out through the web, the winsock sourcecode did not look at all derived from any BSD implementation. In Windows Vista, the socket implementation was completely rewritten from scratch.

      As far as I am aware, the only BSD code you will find in Windows these days is "C:\windows\system32\ftp.exe". I can't think of a single person who has used it, ever.

      As for userland (and I think it's true for desktop environments, too) the GNU project is just including more features in their tools

      I am theorizing here, so don't take this all as fact:

      I think it's more than that. I think GNU generally has a following of people who want to work on it, improve it, continue going further and publicly, there is more of a following on that too. I believe that to be the reason of why GNU licensed software have succeeded more in the world than BSD licensed software. It could also be all stemming from the fact that many developers don't want to make BSD code, which may also be why GNU licenses have had greater penetration.

      Either way, I would say there is far more BSD code running on people's machines than GPL code, although such a claim could never be proven.

      Well, if you want to count ftp.exe which nobody runs... And just one instance doesn't really prove much. We've got a huge amount of home routers running Linux and a GNU userland, home set top boxes that run on a Linux kernel, DVRs running on a Linux kernel.

      I don't even think netbsd runs on as many platforms as I can run Linux on any more. I have been playing with Linux on my mobile phone, my Nintendo DS, my Nintendo Wii, my home router - I can't seem to find netbsd ports for most modern things any more.

      Eh, I'm not sure where I stand on the GPL vs. BSD debate, but each probably has their own benefits.

      My own position on the matter is really that "I don't care as long as it works". I am a developer, I admit to having contributed only to GPL projects rather than BSD ones, but that's only because there isn't any BSD projects I am interested in (I have also contributed to other kinds of licenses and proprietary software, but not really relevant here).

      --
      Change is certain; progress is not obligatory.
  49. clearness and the GPL .. by viralMeme · · Score: 1

    I disagree with this statement: "Understanding licenses isn't really an Open Source issue." .. For someone who doesn't understand the basic idea .. the GPL is undoubtedly even more confusing.

    Only if you're a lawyer. It seams clear enough to me, I get 'a license from the original licensors, to run, modify and propagate that work', without responsibility for 'enforcing compliance by third parties with this License'

    "The GPL, however, is a true copyright license: a unilateral permission, in which no obligations are reciprocally required by the licensor. Copyright holders of computer programs are given, by the Copyright Act, exclusive right to copy, modify and redistribute their programs. The GPL, reduced to its essence, says:

    'You may copy, modify and redistribute this software, whether modified or unmodified, freely. But if you redistribute it, in modified or unmodified form, your permission extends only to distribution under the terms of this license. If you violate the terms of this license, all permission is withdrawn.'"

    1. Re:clearness and the GPL .. by james_gnz · · Score: 1

      Only if you're a lawyer. It seams clear enough to me, I get 'a license from the original licensors, to run, modify and propagate that work', without responsibility for 'enforcing compliance by third parties with this License'

      It seems clear? :-/ As an introduction to the GPLv3, you've quoted the first paragraph of Section 10, paraphrased to make it clearer. I think the first paragraph of Section 10, if thus paraphrased, would be an excellent introduction to the GPLv3. However unfortunately it is not worded quite how you worded it, and rather than being at the start of the GPL, it's buried down in Section 10.

      There are 242 lines of licensing text (not including the preamble and definitions sections) before the paragraph which you quoted (paraphrased) to demonstrate that the GPLv3 seems clear. What is abundantly clear is that you've not just looked at the GPLv3 for the first time, because no one doing so would, without sarcasm, say "It seems clear."

    2. Re:clearness and the GPL .. by viralMeme · · Score: 1

      "I think the first paragraph of Section 10, if thus paraphrased, would be an excellent introduction to the GPLv3. However unfortunately it is not worded quite how you worded it"

      Well, that's lawyers for you, always use ten words where the one would suffice. Maybe someone should write an app to perform Lexical Analysis on it ...

  50. Creative Commons by Anonymous Coward · · Score: 0

    For me it's the CC BY-NC-SA. Simple and straight forward, yet allows me to retain copyright, but is completely free for users.

    While some licences will limit the options available to a develeper, stop being so selfish and for once think about the users!

  51. Apache 2.0 license and OpenBSD by Cronopios · · Score: 1

    Hi Bruce,
    aren't the OpenBSD guys at odds with the Apache 2.0 license?
    AFAIK, that's the reason they still provide only Apache 1.3.x.

    Wouldn't be better to recommend the ISC license?
    Thanks for your insight.

    --
    Windows users:
    Internet Explorer is obsolete. Please upgrade to Google Chrome or Mozilla Firefox.
  52. I want sw freedom, chiefly, not fewer licenses. by jbn-o · · Score: 1

    All licenses do not say the same thing about how to treat people. Free software licenses allow sharing and modification which is permission to build community. Proprietary licenses forbid these things. The politics of all licenses exist, but you're using the word "politics" to describe something you don't like. The practical problems of non-copylefted free software licenses are also well known. The danger isn't in seeing non-copylefted free software vanish ("BSD/MIT licensed code is in danger of being locked up, never to be seen again, regardless of the wishes of the original coder"), that's a misstatement of the argument. The danger for the user is that they will end up using a proprietary variant of a non-copylefted free software program losing their software freedom. Improvements to the non-free variant do not return to the free variant, so one ends up contributing to one's own competition. The free variant still exists but that variant is less capable and thus less desirable to those who don't value their freedom (which is why we need to teach people to value software freedom for its own sake). Non-free variants might also be better advertised.

    1. Re:I want sw freedom, chiefly, not fewer licenses. by geminidomino · · Score: 1

      I might have been taken you more seriously if you hadn't used the same GNUFUD I was talking about.