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Most Projects On GitHub Aren't Open Source Licensed

PCM2 writes "Kids these days just don't care about open source. That's the conclusion of the Software Freedom Law Center's Aaron Williamson, who analyzed some 1.7 million projects on GitHub and found that only about 15% of them had a clearly identifiable license in their top-level directories. And of the projects that did have licenses, the vast majority preferred permissive licenses such as the MIT, BSD, or Apache licenses, rather than the GPL. Has the younger generation given up on ideas like copyleft and Free Software? And if so, what can be done about it?" Not having an identifiable license is one thing, but it seems quite a stretch to say that choosing a permissive open source license is "not caring"; horses for courses.

80 of 630 comments (clear)

  1. Open Source License by bestgjs · · Score: 5, Insightful

    The vast majority preferred permissive licenses such as the MIT, BSD, or Apache licenses, rather than the GPL. Has the younger generation given up on ideas like copyleft and Free Software?

    No, they haven't. They've just noticed that licenses like BSD is better open source license than GPL. There's a simple reason for it too - BSD license is truly in the spirit of freedom. Anyone, either open or closed source projects, can use BSD licensed code.

    This means younger generation haven't forgotten about open source licenses (BSD is one), they've just chosen the better one of them.

    1. Re:Open Source License by Anonymous Coward · · Score: 5, Insightful

      In other words: this generation doesn't care for limiting other developers' choices in development in the way Stallman wanted. They prefer to just give away the code instead of forcing everyone who uses it to open their own work. Good for this generation, I'd say. They've seen the outcome of a "GPL-only" world, and they didn't like it.

    2. Re:Open Source License by h4rr4r · · Score: 3, Insightful

      Nice troll.

      You will get many bites.

    3. Re:Open Source License by Microlith · · Score: 5, Informative

      They've just noticed that licenses like BSD is better open source license than GPL.

      I love it when people take subjective opinion and present it as if it were fact. Going BSD does mean you give up on copyleft.

      BSD license is truly in the spirit of freedom. Anyone, either open or closed source projects, can use BSD licensed code.

      It depends on your goals. GPL is very clear in its intent to keep the sources of the software it covers open, and that necessarily excludes closed source projects.

    4. Re:Open Source License by Microlith · · Score: 4, Informative

      Unfortunately, commentary on licenses, particularly BSD vs. GPL, falls into the purview of Poe's law. They could be trolling, or they could be totally serious and there's no way to tell.

    5. Re:Open Source License by jedidiah · · Score: 3, Insightful

      The GPL doesn't exclude closed source projects.

      Otherwise stuff like Word Perfect, Oracle, SimCity 3000, and Steam wouldn't exist for Linux. Free Software can co-exist quite peaceably with coders that want you to pay for their work.

      Problems only arise when you want to treat someone else's work like your own exclusive property. That's usually not necessary.

      Although it's ultimately about keeping contributors happy. It's not about your personal crusade. Nor is it about Stallman's really.

      If you are a project of one with no one else to keep happy, of course you can be much more flexible with your licensing. I suspect this is the case for most of the stuff on GitHub.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    6. Re:Open Source License by Microlith · · Score: 5, Interesting

      this generation doesn't care for limiting other developers' choices in development in the way Stallman wanted.

      Ooh, I can twist this one around:

      this generation doesn't care to preserve the freedom of others in using their computers, the way Stallman wanted

      That's a good one!

      They've seen the outcome of a "GPL-only" world, and they didn't like it.

      What exactly would be the outcome of a "GPL-only" world?

    7. Re:Open Source License by Registered+Coward+v2 · · Score: 2

      The vast majority preferred permissive licenses such as the MIT, BSD, or Apache licenses, rather than the GPL. Has the younger generation given up on ideas like copyleft and Free Software?

      No, they haven't. They've just noticed that licenses like BSD is better open source license than GPL. There's a simple reason for it too - BSD license is truly in the spirit of freedom. Anyone, either open or closed source projects, can use BSD licensed code. I also think they have seen how valuable an idea and the supporting code can be and want to be able to cash in on that while still sharing what they're doing. The BSD license is very amenable to that; unlike the GPL. It's not less free tahn teh GPL and an argument can be made, and is being made on /., taht it is less restrictive and thus freer than the GPL. This means younger generation haven't forgotten about open source licenses (BSD is one), they've just chosen the better one of them.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    8. Re:Open Source License by drakaan · · Score: 4, Informative

      Closed-source projects can't be distributed under the GPL (that would be in direct conflict with the terms of the license...you have to make source code available, including any modifications you have made...at least for code that you distribute)...I think that's the degree of exclusion the OP was talking about.

      That doesn't mean you can't run a closed-source program on a GPL-licensed OS stack.

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    9. Re:Open Source License by Microlith · · Score: 4, Informative

      The GPL doesn't exclude closed source projects.

      It does. You can't take GPL sources and integrate them into a closed source product.

      Otherwise stuff like Word Perfect, Oracle, SimCity 3000, and Steam wouldn't exist for Linux. Free Software can co-exist quite peaceably with coders that want you to pay for their work.

      This suggests that you don't understand the point you're trying to make. The GPL does not cover the products you listed.

    10. Re:Open Source License by GameboyRMH · · Score: 2

      True, with a brand new account and a highly up-modded comment there's a chance he's a shill too...all I know is he's full of shit and forgets (or willfully ignores/hand-waves away) the conditions that led to the creation of the GPL. I could draw a very nice political comparison here but I'd rather stay on topic.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    11. Re:Open Source License by Trepidity · · Score: 5, Insightful

      That's in fact the key difference, and interestingly each side more or less agrees. The "free software" side's key interest is the freedom of users to modify their hardware and software, and distribute those modifications: the freedom-to-hack. The "open source" side's key interest is the freedom of developers to reuse software in a distributed, "bazaar" manner. Sometimes the goals overlap, and sometimes not.

    12. Re:Open Source License by HiThere · · Score: 4, Informative

      If you write the code, the GPL doesn't prevent you from including it in commercial products. You're the copyright holder, so you can relicense it to suit yourself.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    13. Re:Open Source License by verbatim · · Score: 5, Funny

      I much prefer Godwin's law. After all, Hitler supported the GPL.

      --
      Price, Quality, Time. Pick none. What, you thought you had a choice?
    14. Re:Open Source License by rmstar · · Score: 2

      Here is a nice article that includes a historical writeup by Evgeny Morozov on how the concepts of Open Source and Free Software ended up meaning something different (and fas less interesting and progressive) than initially. Warning: It is a long read.

    15. Re:Open Source License by Millennium · · Score: 2

      Actually, going BSD pretty much does mean you give up on copyleft. It doesn't mean you give up on open-source, of course, but copyleft -the idea of using copyright to enforce the openness of your code- is not a part of BSD, and is in fact the Big Sticking Point of the GPL for many people.

    16. Re:Open Source License by nametaken · · Score: 4, Insightful

      this generation doesn't care to preserve the freedom of others in using their computers, the way Stallman wanted

      You can complain all you like, but it doesn't change the fact that a lot of people want their code to be more open and available than gpl allows, when they think it's appropriate. That their decision.

      What exactly would be the outcome of a "GPL-only" world?

      A world with less freedom than a world where we can choose the license we want? Why are you so upset by people doing what they want with their own work?

    17. Re:Open Source License by Microlith · · Score: 2, Insightful

      a lot of people want their code to be more open and available than gpl allows

      That's on them, then. They do give up leverage in many respects, such as the ability to re-license it.

      A world with less freedom than a world where we can choose the license we want?

      Of course, the unrealistic explanation would be the first.

      Why are you so upset by people doing what they want with their own work?

      I'm not. I'm just annoyed by posts like the one I responded to where people deliberately misinterpret and bash the GPL for no good reason.

    18. Re:Open Source License by LordLimecat · · Score: 4, Insightful

      Most will be serious, and most will be AWARE that their posts are making strawmen of the license they disapprove of, but that wont stop the posts.

      Seriously, who among GPL proponents is not aware of the BSD arguments / goals? Who among BSD proponents doesnt get what Stallman et al are going for? Do you REALLY think they hate freedom, do you REALLY not understand that they are concerned with different "freedom" than you are?

    19. Re:Open Source License by elfprince13 · · Score: 2

      *eyeroll* FUD troll is FUDdy. Also...how's that LLVM/Clang/WebKit/CUPS you're using?

    20. Re:Open Source License by Microlith · · Score: 2

      Lawyers love to abuse non-legalese. This is why the FAQ and preamble exist. And even at it's length, the GPL is shorter than virtually any commonly found EULA or other license agreement I've ever seen.

    21. Re:Open Source License by Bob9113 · · Score: 5, Insightful

      BSD license is truly in the spirit of freedom.

      The BSD license says, "I will not use copyright to impose regulatory monopoly restrictions on you, but you can incorporate my work in a derivative work which imposes regulatory monopoly restrictions on others."

      The GPL says, "I will use the regulatory monopoly restriction of copyright in the narrowest way that prohibits the use of my work in any greater exercise of monopoly restrictions on others."

      The BSD license uses your copyright to maximize the freedom of primary recipients of your work. The GPL uses your copyright to maximize the freedom of secondary recipients of your work. Claiming that one is objectively more free betrays a lack of comprehension.

    22. Re:Open Source License by TemporalBeing · · Score: 3, Informative

      The GPL doesn't exclude closed source projects.

      It does. You can't take GPL sources and integrate them into a closed source product.

      While generally true, you can if it is for internal use only b/c then you are not distributing.

      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    23. Re:Open Source License by beelsebob · · Score: 2

      I'm not. I'm just annoyed by posts like the one I responded to where people deliberately misinterpret and bash the GPL for no good reason.

      No misinterpretation happened – both you and he interpreted it correctly, he just felt that a different freedom was more important than the one the GPL encodes, and pointed out that many other people feel the same way.

      As an aside –I find it funny that the GPL guys are the ones taking offence here –after all, the article is the one with the aggressive stand point of "what can be done about" people using more permissive licenses than the GPL.

    24. Re:Open Source License by Anonymous Coward · · Score: 2, Interesting

      I think the younger generation has discovered exactly what the older generation discovered, then lost and tried to reclaim.

      Stallman has talked about his time in academia and described the way that software worked. Everyone who wrote software shared it with each other and the ecosystem thrived. Then other interests realized that software was valuable and tried to lock it down. The GPL grew out of attempting to keep code from being locked down. But there was no GPL in those early days, only an informal way things were done.

      Github is the rediscovery of that way things are done. It encourages people to share software by providing tools (fork, pull request and such) that make sharing and contributing easy. For them, the complexities of the GPL just get in the way. It's easier to just give everything away under the most permissive license. Github, to programmer geeks, is another vector of Twitter, Facebook or LinkedIn...it's part of your online reputation. The more impressive your Github, the easier it is to find work or have your opinion respected online. And unlike LinkedIn where you can claim to know things just by saying you do, Github offers proof through code samples. We've actually had great results in hiring by using Github's search API to search for projects and then limiting that list to developers in our area.

      What remains to be seen is whether the same thing that happened to the older generation will happen to the Github generation. Will entrenched interests realize the value of what's being produced and try to control it or steal from it? If so, there may be a movement towards using the GPL or something similar that forces people to either opt into the spirit of Github or opt out entirely. However the complete lack of licenses might actually be a plus in this regard. Big companies will shy away from using code on Github because of the liability it creates. Small companies that are willing to do things the Github way will benefit from code created there and enrich the community.

      For example, the latest feature I worked on was made much simpler by a project I found on Github. It's very well done, but has some rough edges that I spent a week or so fixing. I submitted a pull request which was accepted and the developer was friendly and genuinely seemed happy that his code was being used and others were participating in his project. There's no license for the project, but I know we're not going to run into problems because we're not a user of the project, we're a participant in the project and have helped to make it better.

      The Github community seems to be attempting to recreate Stallman's programmer utopia by simply ignoring copyright law entirely rather than attempting to wrangle it to that purpose. Only time will tell which approach works better.

    25. Re:Open Source License by ceoyoyo · · Score: 2

      Yeah, that's NOT a good argument. Apple contributes to or created a bunch of BSD licensed projects, as the other reply pointed out. The part of OS X that is not open is Aqua, which is the equivalent of X and was never BSD licensed. If Mach, and all those other projects, had been GPL licensed Apple would never have used them, and never have contributed to them. CUPS in particular really benefitted when Apple bought it and hired Michael Sweet to develop it. WebKit also took off when Apple got involved, and now Google.

    26. Re:Open Source License by PhamNguyen · · Score: 3, Insightful

      In GPL only world, the entry costs to producing and selling software become a lot higher. I cannot use an GPL code, so I must replicate all that functionality. You might think this is great since people will produce free software instead, but most people are motivated by money so what it really means is that people are more likely to work for a big company (which can overcome these entry costs) than start their own company.

      To give a concrete example, I was working on some software (that I planned to sell) that would use matrix operations. I first considered Gnu Scientific Library, but if I used this I would have to GPL my own code. Not very conducive to selling it! Then I found out about Eigen which is BSD licensed.

      Economically BSD is usually optimal (in the sense of maximizing societal welfare) because it creates a competitive market in the use of your software. You forgo your profits (usually when creating a library or framework) in order that the market can make use of the in the most efficient way. For example, your BSD software with a CLI and someone writes a GUI for it. That person can only charge more to the extent that people prefer a GUI. And furthermore, they can't charge too much more cause someone else might come along and write a GUI and sell it for cheaper.

      GPL *might* have some advantages in preventing commercial forks, and therefore be a better license for things that require economies of scale, and are under threat of forking, like Operating Systems.

    27. Re:Open Source License by BasilBrush · · Score: 2

      In fewer words: BSD is a license which benefits creators. GPL benefits consumers.

      At least that's the theory. In practice most consumers prefer commercial software.

    28. Re:Open Source License by istartedi · · Score: 2

      The "free software" side's key interest is the freedom of users to modify their hardware and software,

      Wow, 10-year flashback from Slashdot of old, arguing about how this freedom is about as important as my right to appear pro se in a court of law. Anyone who is a user and does this with hardware or software has a fool for an engineer. If they are not a fool, they are a developer and then the developer freedoms espoused by permissive licenses become more important.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    29. Re:Open Source License by BasilBrush · · Score: 2

      Indeed. So people should stop pretending the GPL is about freedom and admit it's about restriction.

    30. Re:Open Source License by tlhIngan · · Score: 2, Interesting

      In other words: this generation doesn't care for limiting other developers' choices in development in the way Stallman wanted. They prefer to just give away the code instead of forcing everyone who uses it to open their own work. Good for this generation, I'd say. They've seen the outcome of a "GPL-only" world, and they didn't like it.

      Or maybe they're tired of license confusion?

      You can have two codebases that are "GPL" but which cannot be mixed together because they violate the GPL.

      Yes, you can end up in this situation very easily, because GPLv2 is not compatible with GPLv3. You can combine GPLv2+ code with GPLv3 code (producing a GPLv3 work), GPLv2+ with GPLv3+ (producing GPLv3+ work), but NOT GPLv2 and GPLv3 because GPLv3 contains clauses that violate other clauses in GPLv2.

      Anyone with a reasonably large codebase has to re-verify that there is no GPLv2 code in there before moving over to GPLv3.

      Of course, there's also a chance that they're doing it because companies are scared of GPLv3 - I've seen companies enforce open-source policies because of GPLv3 where you're not allowed to use any GPL'd code - whether it's for internal use only or distribution without engaging lawyers and all that stuff.

      Of course, things like Android have also helped raise the profile of alternative open-source licenses - I'm sure a lot of GPL'd projects used the GPL because that's all they knew - that all FOSS software was GPL'd.

      (And for the record, I tend to use a mix of BSD, MIT and GPLv2 (not v2+ or v3) for my code. Heck, you can even use unmodified BSD (the GPL-incompatible one)).

    31. Re:Open Source License by beelsebob · · Score: 2

      Right, and my point was that the article itself is aggressively pro GPL, so it's no real surprise that the response was aggressively anti GPL.

    32. Re:Open Source License by PlusFiveTroll · · Score: 2, Informative

      Wait, your first statement makes no sense. In a GPL *ONLY* world, you'd write GPL software. You'd use other GPL code to do so lowering your development costs. You'd likely charge for support and new additions of the software, but not selling it.

    33. Re:Open Source License by hazah · · Score: 2

      So how does a user without freedom get to *hire* developers of their choice? Analogy fail.

    34. Re:Open Source License by radarskiy · · Score: 2

      "do you REALLY not understand that they are concerned with different "freedom" than you are?"

      For the Right-wing "Libertarians", they really don't understand. They believe that rights cannot conflict, therefore if two things that look like rights are conflicting then one is not a right.

    35. Re:Open Source License by Spazmania · · Score: 4, Interesting

      I first considered Gnu Scientific Library, but if I used this I would have to GPL my own code

      If you think so, you're suffering a major failure of imagination. You can always find a practical way for non-GPL code to interact with GPL code that doesn't subject it to the GPL. Worst case, you build a light-weight wrapper around the GPL code and run it in a separate process. The beauty of it is that the authors of the GPL code can't even say nay: the GPL expressly forbids them from modifying it terms to disallow that higher level interaction.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    36. Re:Open Source License by idontgno · · Score: 2

      So, your argument is... circumvention?

      According to your reasoning, the LGPL has no place.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    37. Re:Open Source License by Anne+Thwacks · · Score: 2
      Do closed source people share code with BSD people?

      Well, yes they do. They may not share all their code, but they often share fixes and enhancements. For infrastructure software, it makes a lot of sense to share your software - you need the infrastructure, others need the infrastructure - and you probably prefer to share the task of maintaining infrastruture rather than do it on your own.

      Applications may be a different case: and the GPL might be more appropriate.

      --
      Sent from my ASR33 using ASCII
    38. Re:Open Source License by KiloByte · · Score: 2

      Until you find your own piece of software closed so you can't use it, and a majority of users switch to that enhanced version by FooCorp.

      Or, try to cross-compile anything to OS X.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    39. Re:Open Source License by Kjella · · Score: 2

      Anyone who is a user and does this with hardware or software has a fool for an engineer. If they are not a fool, they are a developer and then the developer freedoms espoused by permissive licenses become more important.

      No, they aren't. How is a developer going to change the BSD code in OS X? The BSD freedom is the freedom to find all the little bits and pieces that are BSD code, recreate all the other parts and ship it on their own hardware. It doesn't do anything to enable a developer to modify any closed source project made with open source. The BSD fans just like to flip-flop on this subject, yeah either tons of people are using BSD but they have none of the open source freedoms or they have the BSD freedoms but almost nobody uses any of the *BSD distros. Maybe you can argue that the BSD code helps improve the quality of closed source software, but to the developer the BSD in the closed source software is just as closed as the rest.

      --
      Live today, because you never know what tomorrow brings
    40. Re:Open Source License by Spazmania · · Score: 4, Interesting

      No my argument is that if the FSF wanted GPL software to be used only with other GPL software, they'd have written the license that way. They didn't. They wrote the license so that if you link with the code yours becomes GPL but if you merely use the programs together, it doesn't. So, make your improvements to the GPL code, release your improvements to the GPL code and if you want to keep the rest of your application closed source then do it. We'll appreciate what you chose to contribute and those of us with a brain will respect your choice for the things you chose not to contribute. We probably won't use the closed source parts, but we'll respect your choice.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    41. Re:Open Source License by istartedi · · Score: 4, Interesting

      This line of reasoning also brings us down another familiar path--the cognitive dissonance among Free Software folks concerning "theft". When you discuss "piracy" they are all on board with the idea that "IP can't be stolen because it isn't property, and you still have the first copy", but when you mention permissive licensing they immediately complain that it allows companies to steal code.

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  2. It's a matter of trust by SuperKendall · · Score: 5, Insightful

    I really like the GPL, I like what it is trying to do.

    But over time I've gravitated to BSD like licenses, because I really do want as many people as possible using something.

    It's a matter of trust - I trust that generally others will do the right thing, and good changes will come back. It's re-enforced by the fact that contributing code back makes it was easier to absorb updates to the main codebase, selfishly keeping your updates private makes lots of extra work for you over time.

    The GPL tries to enforce something that will happen naturally, which I feel is overkill.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:It's a matter of trust by phantomfive · · Score: 2

      But over time I've gravitated to BSD like licenses, because I really do want as many people as possible using something.

      This is basically the distinction that determines whether you should use BSD or GPL. If you want as many people as possible using it, then go with BSD.

      If you're self-centered like me and don't want anyone using your work without giving back, then use the GPL.

      --
      "First they came for the slanderers and i said nothing."
    2. Re:It's a matter of trust by Trepidity · · Score: 5, Insightful

      It depends on the kind of code for me. With machine-learning or statistics code, I generally prefer GPL, because I don't really think Mathematica, Matlab, or Excel should be able to use my work for free without giving something back. If they don't want to GPL their own software, they can purchase a proprietary license from me, just like I have to purchase one from them to use their products. But I ain't giving them a free one.

    3. Re:It's a matter of trust by Microlith · · Score: 4, Interesting

      In the case of commercial applications, I like to think of the GPL as the asking price for my software. You're always free to re-negotiate if it's too high.

    4. Re:It's a matter of trust by ArsonSmith · · Score: 5, Insightful

      Forget who said it:

      I learn politics and war now, so my children can learn math and engineering, and my grandchildren art and poetry.

      RMS fought for the GPL, so the next generation could have the BSD/Apache likes, and the next generation could not have to worry about licenses at all.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    5. Re:It's a matter of trust by phantomfive · · Score: 5, Informative

      It's a matter of trust - I trust that generally others will do the right thing, and good changes will come back.

      This is optimistic, like the tragedy of the commons. It's also worth mentioning that there are several times in history when companies used open source code, and wouldn't have given back if it weren't for the GPL requiring it. For example, that is why GCC includes Objective-C support. NeXT wouldn't have given that back at all if they weren't required.

      Microsoft released it's Hyper-V code due to the GPL. They wouldn't have if the kernel had been BSD licensed. Many mobile companies only release the modifications to Android that are required under the GPL. If it weren't for the GPL, they likely wouldn't release the drivers either, and projects like CyanogenMod would be a lot harder. There's a long list of source code that we have because of the GPL.

      --
      "First they came for the slanderers and i said nothing."
    6. Re:It's a matter of trust by h4rr4r · · Score: 3, Interesting

      Go compare Linux and BSD then think about it for a while.

      Some folks will not contribute back if they can avoid it.

      I like BSD for somethings, boring stuff that gets shared and used everywhere. SSH, SSL that sort of thing, but if you want your new whiz-bang thing to get code back GPL is better for that.

    7. Re:It's a matter of trust by elfprince13 · · Score: 3, Insightful

      This is why I LGPL most everything I release. You're welcome to do whatever you want with my software, but if you make changes to my code, I want to see them.

    8. Re:It's a matter of trust by dargaud · · Score: 2

      I trust that generally others will do the right thing, and good changes will come back

      OK. Question: how much BSD code did Apple contribute back after milking it for 13 years ?

      --
      Non-Linux Penguins ?
    9. Re:It's a matter of trust by wagnerrp · · Score: 2

      Apple hired one of the original creators of the LLVM compiler, and put him in charge of a team to maintain and develop LLVM. The team working at Apple subsequently wrote and open sourced the Clang frontend for C-like languages (C/C++/ObjC). Clang/LLVM has recently supplanted GCC as the primary tool chain used by FreeBSD.

    10. Re:It's a matter of trust by cant_get_a_good_nick · · Score: 2

      So.. there was this college student named Linus. He wanted to play with UNIX. Licenses too expensive, forget that. He looked at BSD (back when there was really just the BSD). It was in a lawsuit, so he didn't want to mess with that. So he started his own. He called it Linux.

      Then he had to pick a license. The BSD license was already a well established license. But he went with the GPL instead. Why? Because he was worried about Freedom-as-in-speech and all that? No. He was being very pragmatic.

      When you use the GPL, you get to see a lot of the cool stuff that people play with. Interesting changes and forks get pulled back into the main source. That might spur other people to new ideas, which then need to get folded back. He's not hard core about licenses, he's hard core about being able to see things folded back in.

      One thing I never see discussed is how license affects those mechanics. Forget the my-free-is-more-free-than-your-free wars, what does the license do for adoption and code sharing? As a general broad swath, BSD may be better for code dissemination, but does BSD-vs-GPL mean anything for code movement?

      And remember that this isn't black and white. The Cathedral and the Bazaar was a comparison of two GPL licensed code bases, the Cathedral being gcc (at the time, not the newer egcs forked line which took over gcc) with Linux as the Bazaar model.

  3. The GPL isn't free by Anonymous Coward · · Score: 2

    It is, in fact, very restrictive. If one wants truly free software, one uses a more free license or makes one's code public domain.

  4. Missing the point. by Microlith · · Score: 5, Insightful

    I see the two comments up top completely missing the point, as does the original submitter.

    only about 15% of them had a clearly identifiable license in their top-level directories.

    This is why. And this is because they don't understand copyright law and don't realize that unless they explicitly put the code into the public domain or apply a license, no one can touch it without violating copyright law.

    It's probably a mixture of that and outright laziness.

    1. Re:Missing the point. by larry+bagina · · Score: 2

      Wikipedia is poorly worded. They have paid accounts (with private repositories) and free accounts (with public repositories). You can have an open source project in a private repository. You can have a closed source project in a public repository.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    2. Re:Missing the point. by Jonner · · Score: 2

      I see the two comments up top completely missing the point, as does the original submitter.

      only about 15% of them had a clearly identifiable license in their top-level directories.

      This is why. And this is because they don't understand copyright law and don't realize that unless they explicitly put the code into the public domain or apply a license, no one can touch it without violating copyright law.

      It's probably a mixture of that and outright laziness.

      I don't think it was explained well enough in either TFA or the Slashdot summary. However, it does say that only about 15% had clearly identifiable licenses and that GitHub's default is "all rights reserved". Therefore, it's reasonable to assume that the vast majority of code on GitHub is not Free or Open Source software, but is licensed as "all rights reserved". If I understand correctly, that means that technically, no one has permission to even download the code from GitHub, let alone extend and share it.

  5. I agree with all but the flame bait.... by Anonymous Coward · · Score: 3, Insightful

    BSD Licenses aren't "better" just different.

    For the little bits of Perl and C that share with the world BSD licenses are just fine. I'll lose no sleep if they end up in Microsoft's or Apple's O/S.

    But if I take the time to write a difficult Kernel driver I'm contributing arduous, "real," "could have been paid for it," work to a specific ecosystem that I want to protect. That's a different level of effort and a different license needed.

    Just different.

    1. Re:I agree with all but the flame bait.... by Anonymous Coward · · Score: 4, Interesting

      Meh, there's plenty of substantial work (coulda-been-paid-for-it) on GitHub.

      However, it's is nearly all web-related. And the GPL doesn't offer much for web code, because the resulting application is rarely "distributed" beyond the company who built it. BSDish licenses are just a better fit for what they're trying to accomplish.

    2. Re:I agree with all but the flame bait.... by Grishnakh · · Score: 2

      For web code, they have the Affero GPL.

  6. real software projects? by ssam · · Score: 5, Informative

    I am sure most of those 1.7 million projects have no aspiration to become a real software project. do they have a website, mailing list/forum, releases, users? or are they just random little scripts, snippits and exercises, just put on line for the education of others?

    For a large piece of coding i might care about getting bug fixes back. for the script i use to sort my digital photos in to folders based on the date in their exif, and is 50% lines pasted from documentation or stack exchange, i don't care. if you want to know which licences are used for serious projects then grab the top hundred or thousand from ohloh and check them.

    1. Re:real software projects? by metrometro · · Score: 3, Informative

      Most of what I've posted to Github was a snip of example code that I needed to share with exactly one person. The only real project I have there was AGPL, and it's an enormous piece of work. By project, I'm 5% open licensed. By lines-of-code, it's more like 99%.

  7. No license by Ceriel+Nosforit · · Score: 4, Interesting

    I have uploaded the meagre, puny code that I've written in a small number of projects without bothering with a license. I expect people to steal it and be quiet about it, because I am the noise floor of github.

    Frankly for most projects on github (1.7 million is not a small number of computer software projects), legalese is a bother. It is simply uncouth and considered harmful.

    --
    All rites reversed 2010
  8. The Public Domain by Rob+Riggs · · Score: 2

    Personally, this is why I feel that the recent invention of the "automatic copyright" grant is an epic fail. By default all published works should be in the public domain. Only those that are explicitly marked by the author with a copyright and a license should be protected.

    --
    the growth in cynicism and rebellion has not been without cause
    1. Re:The Public Domain by Great+Big+Bird · · Score: 2

      The previous to 'automatic copyright' was registered copyright. The amount of paperwork required for that would be amazing overall.

  9. Re:BSD license by geek · · Score: 4, Informative

    I personally prefer the BSD license. To me freedom means "do whatever you want with it," as soon as you start attaching strings and restrictions it's no longer free.

    Then why not make it public domain? Why attach a license at all?

    Good question. Because without a specific license attached companies and individuals alike wont touch it. The default is "all rights reserved" meaning its not open unless specifically stated. You retain rights until you explicitly give them up. Hope that makes sense, I'm not a lawyer and may not have explained it in the best of terms.

  10. False Dichotomy by slackergod · · Score: 5, Insightful

    I'm sorry, but the entire premise that there is one "best" open source license is completely wrong. Where did this obsession arise to see one license crowned victor over all others, in all situations?

    BSD (and MIT and variants) -- I've found they work best for providing backend and reference libraries, which by their nature are trying to provide a standard implementation of something, or at least a standard API. Open and closed sourced projects alike can use and modify it to suit their needs. This means such a library gets the widest adoption over the alternatives (all other factors being equal). This is especially great for server-side programs which want to promote multiple third-party clients - just release a BSD reference client.

    LGPL -- A step down, for when you want the adoption level of a BSD license, but your project is complex and high maintenance enough that it needs to keep all the developers focused on a single api and codebase in order to thrive. Graphics libraries like GTK, audio processing libraries like LAME, are a great example of this.

    GPL -- Finally, for the same reasons as LGPL, your want everyone contributing back to a single codebase, whether it's because you don't want to give the codebase away to closed source products that then profit from it, prevent brand confusion, or just maximize developer contributions. Mind you, closed source projects *will* choose an LGPL/BSD alternative over this or closed source, so it doesn't make much sense for libraries, etc. Primarily, this is useful for applications, which are vying for user (not developer) eyeballs.

    So given they all have different uses that fit better for different project types and target markets, who in their right minds thinks only one of these licenses is correct?

  11. Re:BSD license by Half-pint+HAL · · Score: 2

    I think there's two very different justifications for one or the other.

    By contributing to "truly free" software (BSD) you're raising the floor, because it's work that no-one ever needs to repeat again. As such, I consider the LGPL something of a hack: it starts with Stallman's notion of free meaning "never closed", then realises that no-one would use a compiler that doesn't let you make proprietary code (on the grounds that the libraries are GPL code) and hacks it so that it's GPL "but not really".

    GPL is useful for "pushing the boundaries". If you've done something new and different, sure, keep control, because something that can just be picked up, rebranded and sold by a marketing company is worth protecting from exploitation.

    But most software doesn't push the boundaries. Most software is just the same all stuff in a different suit. The difficulty of modifying existing software is a cost. Restrictions are a cost too. Most GPL software is in effect more expensive than just rewriting from the ground up -- only very high utility-value software isn't (think Linux, OpenOffice). And yet, these too contain many elements that could "raise the floor" -- task schedulers, text renders etc -- that if released under a BSD license could be used everywhere. Someone, some day, will now have to repeat that work.

    --
    Got them moderator blues I blieve I walk out the do', With these mod-points I been gettin', I 'most never post no mo'
  12. Re:BSD license by Hatta · · Score: 4, Insightful

    To me freedom means "do whatever you want with it,"

    That's exactly the freedom the GPL guarantees. The GPL guarantees that every user of the software will have the freedom to do whatever they want with it. The only things prohibited by the GPL are actions that remove the freedom of others.

    --
    Give me Classic Slashdot or give me death!
  13. Free Software in its working clothes by SirGarlon · · Score: 5, Insightful

    Actually, even RMS refers to the BSD and Apache licenses as "GPL-compatible free software". So the GPL and other two popular licenses, BSD and Apache, are all free software by the Free Software Definition. The difference is that GPL is a copyleft license and the Apache and BSD licenses aren't.

    Why are the Apache and BSD licenses becoming more popular than the GPL? Because free software has grown up. Where I work, we would not dream of implementing the whole software stack from scratch. We use lots of open-source libraries. My company's legal department is allergic to the full GPL because they want to keep open the option to do exactly what the GPL is designed to forbid -- make a proprietary product using open-source code. Usually our code is custom developed for a specific client but we might want to re-use that and/or make a general purpose product some day.

    So, for us, using Apache/BSD licenses is easy. It's almost frictionless. Legal is comfortable with them, and pretty much all we have to do is include the license file and do a quick audit to make sure we've complied with it. GPL is much harder for us to work with because we have to justify to legal why we're signing away the rights before the product is even developed.

    The whole point of the Open Source Initiative, as I understand it, is to promote adoption and use of free software. It turns out that copyleft is {sometimes, often} a barrier to that in the business world. So I would say that "open source" (aka non-copyleft) has simply beaten "copyleft" in the marketplace.

    Copyleft was a brilliant idea but non-copyleft free libraries are what I use in day-to-day development work. And I say that as a dyed-in-the-wool, sandals-wearing, free-as-in-freedom, latte-sipping, corporation-hating hippie wannabe.

    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  14. Re:I think people are recognizing the hypocrisy by GameboyRMH · · Score: 2

    And no true Scotsman would murder his wife. The GPL's strings will never get in anyone's way unless they're trying to take a piece of free software, closed source it and redistribute it - typically with the intention of profiting on others' work while contributing nothing in return.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  15. Re:GPL is too Restrictive by Hatta · · Score: 2

    The GPL was created with the notion that every strata of software must be free and open. That's fine and lovely for Stallman but it provides unrealistic restrictions for commercial use.

    You could say the same about all of our rights. The fact that a right is inconvenient for businesses to respect is not reason to abandon that right. You might as well say "That's fine and lovely for Lincoln, but it provides unrealistic restrictions for plantations".

    Businesses and individual developers alike donate resources to these communal properties for the benefit of all in a share and share alike manner so that we can focus resources on our real goal--the software we actually want to write and sell.

    So, go ahead and write and sell your software. Nothing in the GPL prevents that, and there are people who make a living today writing and selling GPL software. If businesses were restricted by law from infringing on the four software freedoms, it would be even easier to make a living writing and selling free software.

    In Stallman's idealistic world perhaps everyone would be communist and no one would care about money and possessions because we'd just step up to a replicator and say "earl grey, hot."

    What a ridiculous strawman. Protecting the rights of consumers is not communism. There's nothing more communistic about the four software freedoms than any of the other consumer rights we protect by law.

    --
    Give me Classic Slashdot or give me death!
  16. Re:GPL is poison to many business models. by AuMatar · · Score: 5, Insightful

    Welcome to the point. If you aren't willing to open source your code as well, then I don't want you to use mine. You can pay someone to write your own version. Pay in cash or pay in code, but no free ride to businesses.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  17. Younger? Er, what? by seebs · · Score: 4, Interesting

    I am pretty sure I'm not the younger generation.

    And yes, I've pretty much abandoned the GPL, because the GPLv3 is to open source what the anti-circumvention cause in the DMCA is to copyright. RMS had a vision of a cooperative paradise. Then he realized that some people wouldn't play nice, and did what everyone else does when they realize that not everyone will voluntarily adopt the business models they want everyone to use. Tried to figure out a way to make it happen by force.

    So, yeah, I'll use the GPL where it's the established license, and some of the stuff I work on ends up being put out under LGPL. But for stuff I write because I want it to be open source? Permissive licenses. Usually the lightweight BSD (no advertising clause) or Artistic, or heck, public domain. My goal is to give stuff away, not to force other people to give stuff away.

    It's the same thing that's happened to my morality over the years; I've started focusing more on living according to my own moral beliefs, and less on trying to find ways that society can force other people to do so too.

    --
    My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
  18. Re:BSD license by Hatta · · Score: 2

    The BSD license enables additional freedoms that fit into things people may want to do with software that is specifically prohibited by the various GPLs.

    Which specific freedoms do you refer to here? Are there any such "freedoms" that don't amount to a restriction on the freedoms of end users?

    --
    Give me Classic Slashdot or give me death!
  19. Correct by Gazzonyx · · Score: 2

    I agree.

    I have three projects on GitHub. One of them is practice code I was writing for when I interviewed with Google (don't worry, they didn't ask me a single question that was on the study sheet - but I did have fun writing a splay tree). It was just a bunch of functions with a description of "nothing to see here".

    Another project is eventually going to be a GPL project that runs a football pool. Currently it's just a parser that scrapes nfl.com and puts info into data structs. I haven't bothered putting the license file in it yet. It uses another GPL library, so it's already implied that it will be GPL code when it matures past being a bunch of functions sewn together just enough to test them. Why would I put a license on that? So I can be sure that I get changes back for incomplete interfaces? The interfaces aren't even defined yet.

    The last project, I can't even recall what it is. I'm not maintaining it and I don't care if anyone swipes the code. It's probably code that scratched an itch that I had that was unique to me.

    --

    If I mod you up, it doesn't necessarily mean I agree with what you've said, sorry.

  20. ain't no such thing as IP by odigity · · Score: 2

    I haven't had an opportunity yet to publish any non-trivial open source projects, but when I do, my LICENSE.txt file will simply contain the sentence "There ain't no such thing as intellectual property." and the following link:

    https://mises.org/document/3582

    Do what you want with my code, and don't bother me about licenses. If you're going to badger me about fantasy concept X vs fantasy concept Y, at least make it fun, like who would win in a fight -- Aragorn or Han Solo?

  21. Re:I think people are recognizing the hypocrisy by Lundse · · Score: 2

    Because some people think "free" can only mean that they are personally free to do whatever they want. Just like any free society has no laws against murder.

    --
    IAIFARSIJDPOOTV - I Am In Fact A Reality Star; I Just Don't Play One On TV
  22. Re:BSD license by ceoyoyo · · Score: 2

    The BSD license guarantees that just as much. The difference is that it doesn't guarantee that you can do anything you want with a modified version of the software that was never BSD licensed in the first place. The GPL addresses that issue by removing the freedom for someone to create such a thing in the first place.

  23. Re:Modula 3 License by hendrikboom · · Score: 2

    One of my favourite programming language is implemented in a non-GPL-compatible way. There are are a few quibbles about SRC's rights to use it and redistribute it as if it were their own if a modified versino ever gets back to them, but basically says that you ca do anything you want with it, provided you release an modified code under the same licence.

    Now for technicalities, this is incompatible with the GPL, and it becomes difficult to write software using both Modula 3's libraries and GPL'd libraries. I'd like to distribute binary object code for those benighted platforms where ordinary users don't have development tools, but I can't.