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Getting Through the FOSS License Minefield

dotancohen writes "Here's an exercise: Write a GPLed server for solving Freecell that the graphical game would communicate with using TCP/IP or a different IPC mechanism. Easy, right? Except for that pesky licensing bit. Our own Shlomi Fish gives an overview of the various options in picking up a licence for one's FOSS project, and tries to give some guidelines choosing one."

30 of 96 comments (clear)

  1. What exactly is "tricky" about said scenario? by TofuMatt · · Score: 3, Insightful

    You write a piece of software, and you license it. Making something GPL might be a pain for other users who aren't interested in that license, but them's the ropes, right? It's not like GPLing your software will lead to its demise (see: Linux, WordPress, etc.).

    --
    -Matthew Riley "TofuMatt" MacPherson
    I have a website
    1. Re:What exactly is "tricky" about said scenario? by tepples · · Score: 2, Insightful

      You write a piece of software, and you license it. Making something GPL might be a pain for other users who aren't interested in that license, but them's the ropes, right? It's not like GPLing your software will lead to its demise (see: Linux, WordPress, etc.).

      If it's video game software, GPLing it could limit its market. Some genres aren't traditionally suitable for PCs, and the software development licensing arrangements on game consoles are GPL-incompatible.

    2. Re:What exactly is "tricky" about said scenario? by kinnell · · Score: 3, Informative

      The trouble comes when you're mixing and matching software with different licenses. GPL might seem like the shangri-la of open source licensing, but it's actually very restrictive. This is not to say that it's bad - it's very good for encouraging people to share their code, and preventing abuse of said code by comercial interests, but then you try and embed some other non-gpl code in your project and find yourself in a legal minefield. That's why the LGPL was written - if only the GPL existed, GNU/* would be missing a lot of really good software.

      --
      If I seem short sighted, it is because I stand on the shoulders of midgets
    3. Re:What exactly is "tricky" about said scenario? by tixxit · · Score: 2, Insightful

      In this case, I believe he is referring Slashdot story posted earlier this year where a company used GPL'd software (ScummVM) in a kids game. Basically, the shit hit the fan once the lawyers at Atari found out that the Wii SDK licensing agreement explicitly prohibits open source software licenses, like the GPL.

  2. Writing Freecell? by stillnotelf · · Score: 3, Funny

    If we're rewriting freecell, shouldn't that be a license minesweeper, not a license minefield?

  3. "minefield" ? GPL or FreeBSD by IBitOBear · · Score: 5, Insightful

    GPL if you want to make people play nice.

    BSD if you don't care if people play nice.

    if GPL then GPL3 if you think corporate interests may be sniffing around later.

    Something else if you are building upon something that is licensed some other way.

    And gee, I didn't hear an explosion anywhere.

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
    1. Re:"minefield" ? GPL or FreeBSD by paxcoder · · Score: 2

      if GPL then GPL v3 *and higher* (don't forget).

      But basically, what you said sums it all up, no need for the questionable article above.

  4. What's the Problem by pete-classic · · Score: 2, Insightful

    I only skimmed the article, but I don't understand the problem proposed by using a GPL licensed freecell solver that communicates over IP. Is he complaining that it's not "viral" enough in this case? Because this case carries no restrictions. In fact, the user, end user or server administrator, doesn't even have to agree to the terms of the GPL in this case!

    This is what he calls a minefield?!

    -Peter

    1. Re:What's the Problem by The+Moof · · Score: 3, Insightful
      The GPL problem spelled out in TFA is compatibility with other licenses (IE, none). An example he even uses is OpenBSD's past quarrels with the GPL community. Instead of simply using GPL code, the BSD folks have to rebuild the same things and license them under the BSD license. They could use, the GPL'd code if they were willing to re-license the entire project under BSD (which I'm not sure is allowed under the BSD license). Here's the jist of the article:
      1. Don't use closed source
      2. Don't attempt to write your own
      3. Don't use one that isn't clear in international law
      4. Make sure GPL projects can use your licensed code
      5. Make sure non-GPL projects can use your licensed code
    2. Re:What's the Problem by TheRaven64 · · Score: 4, Interesting

      Not a minefield, but it's a case that's commonly overlooked by GPL advocates. It's trivial to take a GPL'd program and make it communicate with a proprietary program using a well-defined IPC mechanism, which subverts the intent of the GPL. If you are a big proprietary-software company you can easily use GPL'd code with a (relatively) small investment in building the abstraction layer. If, on the other hand, you're a Free Software developer wanting to use GPL'd code with some other GPL-incompatible Free Software license (e.g. porting ZFS to Linux) then you have problems.

      --
      I am TheRaven on Soylent News
    3. Re:What's the Problem by minsk · · Score: 2, Insightful

      Make sure non-GPL projects can use your licensed code

      Except, you know, when you don't want non-GPL projects to use it. :)

    4. Re:What's the Problem by IBBoard · · Score: 3, Informative

      Exactly. I recently changed some of my code from LGPL to Affero GPL because they could be used as a back-end to a web service as well as being the back-end for an app. I'd started with LGPL because I didn't want to force a license on people, but then I changed my mind because the on-going freedom of the code was more important than what license people used. What would be ideal would have been to have had a "LGPL/GPL but allowed to link with anything else as long as it is open source", but since that isn't possible then not letting non-GPLed apps link to my library is the only option. C'est la vie.

      I think the article is summed up in one of his later headings: "Why I Prefer the MIT X11 Licence". Basically the whole thing is a "why you should use X11 and anything else is bad" article.

    5. Re:What's the Problem by HiThere · · Score: 2, Insightful

      Not specifically. The GPL largely relies on copyright law. There's LOTS of copyright law. Basically, the GPL says "Either you agree to my terms, OR you are allowed to use normal copyright terms." As such, it doesn't need (or have room for) much GPL specific case law.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:What's the Problem by minsk · · Score: 2, Informative

      There would be more, but the companies taken to court over GPL violations keep deciding to comply and settle.

      Which should tell you something :)

  5. But will it run on SCO? by goombah99 · · Score: 3, Interesting

    Can a lawyer ever give a definitive answer?
    A appeals court yesterday overturned the assignment of UNIX to NOVELL giving SCO clearance to sue IBM for billions. I'd imagine the android handset makers and most linux-based router makers have reasons to be nervous as well. SCO also has a new deep pocket backing it's legal team. it's on again!.
    I doubt even lawyer could really give you a definitive answer on licensing.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:But will it run on SCO? by minsk · · Score: 2, Insightful

      Maybe not definitive, but they stand the vague chance of actually being right :P

      Like, for example, the summary judgment in SCO v Novell which just got tossed out, so a jury will probably need to consider to issue. Leaving the rest of your paragraph a work of creative fiction...

  6. Boiling it Down by _Sprocket_ · · Score: 3, Informative

    The final paragraph is a pretty good summary of the author's viewpoint:

    Finally I'd rather have a proprietary derived work than no derived program at all, or that instead someone will duplicate my effort in creating a BSD-style or a proprietary replacement for my work.

    The author doesn't trust regional variations in the treatment of the public domain. The author doesn't really care about Free Software, much less Open Source software. And as such, his opinion is to use a license that enforces the general understanding of the public domain.

  7. WTF ?? by tuxgeek · · Score: 3, Insightful

    Agreed
    You write an app. To protect your work from being stolen/copied into some proprietary app later, GPL3.
    Done. What's so hard about that?

    --
    "Suppose you were an idiot...and suppose you were a member of Congress...but I repeat myself." Mark Twain
    1. Re:WTF ?? by N3Roaster · · Score: 2, Insightful

      It's even easier in this case. The spec says GPL so you don't even need to think about the issues that might compel you to choose one license or another. Client wants GPL, client gets GPL. Copy, paste, done.

      --
      Remember RFC 873!
  8. Re:Do you even need a license? by minsk · · Score: 3, Informative

    Not a lawyer. IMO.

    Problem being that without a license, nobody else is permitted to distribute your software. Depending on your and their local laws, they might not be allowed to copy or run it. And if the software causes any damages, you're quite likely liable for them. So, to protect both yourself and the recipient, always specify an explicit license.

    The other part is that licenses need not be complicated. The Simplified BSD and MIT licenses are about as trivial as it gets: keep this label, and don't sue me bro. The GNU GPL is much longer, because it's approaching a harder problem: making sure that people who extend your software don't limit their users.

  9. Useless article by russotto · · Score: 2, Insightful

    Here I was expecting something about how license problems impeded the development of the server mentioned in the summary, and instead I just get the latest round in the BSD v. GPL controversy. Yawn.

  10. And the point was? by kisa2000 · · Score: 5, Insightful

    The author mentions on one occasion that he read the GPL v2 once and didn't understand it. And then he goes on to write an entire article about choosing the right licence for your FOSS code.

    Thats a little like me telling people that they shouldn't program in Pascal and that C is the best... even though I tried to program in Pascal once but just didn't get it.

    Is it just me?

  11. Re:Misuse of the GPL is a problem by Dionysus · · Score: 2, Informative

    ...and what "GPL" libraries would those be EXACTLY?

    GNU SASL, Lib Gtop. Of course, the classic one is ReadLine.

    Now that's wasn't too hard was it?

    --
    Je ne parle pas francais.
  12. How much trust is it asking? by Anonymous Coward · · Score: 2, Insightful

    Go on.

    Tell us.

    If the FSF go all world-domination then release a GPL that says you shall sacrifice your first born to Molech, you just get the code under the version BEFORE the Molech-clause. You then FORK any further development to a new GPL compatible license that *doesn't have* the Molech clause in.

    Job done. People will leave the molech-clause-GPL alone and it will die.

    Now people who trusted BSD will find their code is unusable because the code is patented and the BSD doesn't cover it. So leaving out the patent poison pill is trusting the entire patent office not to screw you over. In EVERY country.

    1. Re:How much trust is it asking? by Fourier · · Score: 2, Interesting

      Not sure how serious you are, but you've got it backwards. A future FSF could create a GPL with more liberal terms of distribution. Suppose the license permitted binary-only distribution in exchange for a generous donation to the FSF--probably most developers would have a problem with that.

      It's difficult to imagine such a scenario today, but I'm sufficiently paranoid to expect that the FSF may not always be trustworthy. All it takes is a gradual shift in the voting membership.

      If the FSF continues to release reasonable licenses, a developer can retroactively relicense old software releases under the new versions of the GPL. No risk to the developer, just a little more bookkeeping work.

  13. LAME is a development tool by tepples · · Score: 2, Informative

    LAME was used in many cases for playing MP3 music.

    Like oggenc, LAME (license: LGPL, which is GPL with an exception) is an encoder, not a decoder. It does not run on the console; MP3 player software does. This makes LAME a development tool, which console makers allow to be GPL.

    If you don't think your license allows you to use FreeCell on the other end of a pipe, how about WRITING YOUR OWN Solitaire???

    What you say applies to FreeCell, but it does not apply to games that use external data. For example, if I wanted to make a game that solves levels in a platformer, I can't make my own version of the platformer that uses the same levels.

  14. Re:Proprietary by burnin1965 · · Score: 4, Insightful

    The idea that it is a "minefield" is just inflammatory nonsense.

    I suppose that depends on how you look at it.

    If your considering using open source code to add value to your product rather than invest in the development of your own software and have no desire to contribute back to the open source project that made the code available in the first place because you realize this will only make it easier for a competitor to create a competing product in the market place, then the the open source licensing options are a minefield. That pesky GPL keeps getting in the way.

    Of course that is not how this article was worded, it seems to be making an argument that for an open source developer who does not choose a license that makes it possible to create derivatives of their project as closed source is somehow stepping on a mine. So yes, it appears you are right, just a GPL troll article.

    I wonder sometimes what the motives are behind these articles that profess the importance of avoiding the GPL for your own personal open source projects. I find this one ludicrous as it boils down to "if you license your source code using the GPL then you can't use my source code".

    Well, that works both ways, and with the vast source of GPLed code out there it seems to me that this argument supports the use of the GPL in your open source projects to ensure you have access to that pool.

    And for those who don't want to use the GPL for whatever reason they don't have to, but they really should stop drooling over other peoples GPLed code and it does them no good to continue the endless whining about the GPL. They should spend their time writing their own software and releasing it under whatever license they want instead of writing inane articles about the GPL.

  15. Re:Proprietary by Magic5Ball · · Score: 2, Insightful

    The idea that a "minefield" is effective because of secrecy is just inflammatory nonsense.

    The intent and effect of these loud explosion-causing devices to deter opponents from using a mined area isn't exactly subtle.

    The article, the concept of a legal minefield, and the actual area denial strategy of laying mines, is that careful planning is required to how to navigate the known unknowns if the potential reward of doing so is sufficient. The article points out some issues with various non-proprietary licenses, and advocates using a particular one of those because risk/reward ratio is adequately balanced.

    In response to Hatta, which license has fewer risks or untested unknowns? A) GPL; B) MIT; C) "You may not redistribute this in any way."; D) public domain.

    --
    There are 1.1... kinds of people.
  16. Re:simple by maxwell+demon · · Score: 2, Funny

    Simply ask that man with the beard.

    If it is a minefield, it may indeed be a good idea to ask Osama bin Laden. After all, he should have experience in explosives.

    --
    The Tao of math: The numbers you can count are not the real numbers.
  17. Sleepycat by tepples · · Score: 2, Informative

    What would be ideal would have been to have had a "LGPL/GPL but allowed to link with anything else as long as it is open source"

    Then use the GPL, with the Sleepycat license as a GPL linking exception.