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The Free Software Foundation Releases New Comments About Licenses (fsf.org)

"We recently published a number of updates to our licensing materials," the Free Software Foundation announced Thursday, adding that "While we generally post individual announcements for these types of important changes, there were so many in such a short span that we needed to combine them all in one place." We added the Commons Clause to our list of nonfree licenses. Not a stand-alone license in and of itself, it is meant to be added to an existing free license to prevent using the work commercially, rendering the work nonfree. It's particularly nasty given that the name, and the fact that it is attached to pre-existing free licenses, may make it seem as if the work is still free software.

If a previously existing project that was under a free license adds the Commons Clause, users should work to fork that program and continue using it under the free license. If it isn't worth forking, users should simply avoid the package. We are glad to see that in the case of Redis modules using the Commons Clause, people are stepping up to maintain free versions.

There's also a new addition to their GNU Licenses FAQ which explains what the GNU GPL says about translating code into another programming language. ("If the original program carries a free license, that license gives permission to translate it. How you can use and license the translated program is determined by that license. If the original program is licensed under certain versions of the GNU GPL, the translated program must be covered by the same versions of the GNU GPL...") And they've also clarified how to handle projects that combine code under multiple compatible licenses.

The FSF has also updated a document commenting on various licenses, clarifying that the Fraunhofer FDK AAC free software license "is incompatible with any version of the GNU GPL. It has a special danger in the form of a term expressly stating it does not grant you any patent licenses, with an enticement to buy some.

"Because of this, and because the license author is a known patent aggressor, we encourage you to be careful about using or redistributing any software under this license..."

57 comments

  1. Will it hold in court by Anonymous Coward · · Score: 1

    I don't think a translated program is a derived work. If I draw a picture of a picture, the original artist has entitlements to it?

    1. Re: Will it hold in court by Anonymous Coward · · Score: 0

      If you draw a picture of Mickey Mouse, you can bet your balls Disney thinks theyâ(TM)re entitled to it.

    2. Re:Will it hold in court by jarkus4 · · Score: 1

      Depends on the extent of your translation. If you just copy functionality with your code, then you created independent product (ignoring all those weird api copyrights issues). If you copy original code basically function by function then you just created derived work and original copyright influences your work.

    3. Re: Will it hold in court by Anonymous Coward · · Score: 1

      If you draw a picture of Mickey Mouse, you can bet your balls Disney thinks theyâ(TM)re entitled to it.

      That's under trandemark law, not copyright law.

    4. Re:Will it hold in court by Dragonslicer · · Score: 0

      I don't think a translated program is a derived work.

      You (don't) think incorrectly. If you read someone's copyright-protected source code and use that as a guide for writing your own version, it is still copyright infringement. This is usually referred to as "non-literal similarity" (see, e.g. Wikipedia's article.

    5. Re: Will it hold in court by nadaou · · Score: 0

      Ok, fine. Then here's another example: If you translate Harry Potter into Klingon and try to sell it in your popular sci-fi bookstore you can expect to get a nasty letter from JK's lawyers.

      Fair Use has its limits just as Derivative Work does. You can not whole-hog rip off another work's implementation or port code line by line to a new language without permission of the owner.

      --
      ~.~
      I'm a peripheral visionary.
    6. Re: Will it hold in court by HiThere · · Score: 1

      IIRC, "Dan O'Neil's Comics and Stories" was enjoined from further publication under copyright law even though the characters drawn were clearly distinct from anything Disney ever did. It was decided that there were sufficient similarities that copyright law applied. Possibly if he'd had better lawyers....but he didn't.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    7. Re: Will it hold in court by Carewolf · · Score: 1

      If you draw a picture of Mickey Mouse, you can bet your balls Disney thinks theyâ(TM)re entitled to it.

      That's under trandemark law, not copyright law.

      No, copyright. It is considered a derived product of the original Mickey Mouse animated cartoon. This why we got the Sony-Bono act, or Mickey Mouse law, to prevent Mickey Mouse from falling into public domain.

      While I agree it should be trade mark as well as copyright. At least in the US, the supreme court ruled that when copyright finally expires on a work of art, it is no longer protected by trademark laws either.

  2. Freedom within limits by Anonymous Coward · · Score: 0

    All these licenses are basically bait-and-switch plays. They seem to provide a little freedom but there's always a catch.

    Only go with GPL for real freedom!!

    1. Re:Freedom within limits by Anonymous Coward · · Score: 0

      Except for the freedom to not use the GPL.....

    2. Re: Freedom within limits by reanjr · · Score: 1

      The GPL restricts rights. BSD is the path to freedom.

    3. Re: Freedom within limits by nadaou · · Score: 1

      And vi is better than emacs.

      --
      ~.~
      I'm a peripheral visionary.
    4. Re:Freedom within limits by HiThere · · Score: 1

      The GPL protects the freedom of the descendants of the code. BSD is more free, and allows the descendants to be sold into slavery.

      This is an invalid analogy mainly because code isn't sentient, but also because if you don't distribute the descendants of GPL licensed code you aren't required to share it.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    5. Re: Freedom within limits by Anonymous Coward · · Score: 0

      It did seem hypocritical for the Free Software Foundation to whine about a restrictive license when they usually whine about permissive licenses.

    6. Re: Freedom within limits by Anonymous Coward · · Score: 0

      FSF isn't exactly the same set as GPL zealots even if there is an overlap.

    7. Re:Freedom within limits by Anonymous Coward · · Score: 0

      and allows the descendants to be sold into slavery.

      That word doesn't make sense i software context.
      It might even be more dishonest than calling copyright infringement for theft.
      Congratulations, you have reach RIAA level of reasoning.

    8. Re: Freedom within limits by Anonymous Coward · · Score: 0

      > The GPL restricts rights. BSD is the path to freedom.

      The only right GPL restricts is the right to close the code, i.e. to deny others the rights you received when you got the code.

      GPL is for people who want to share their code.

      Why do you want to rip off other people's work? Write your own damn code if you want to keep it closed.

    9. Re: Freedom within limits by reanjr · · Score: 1

      Yeah... right..e

      I'm not asking people to change their licenses. If you don't want people to use your code, just don't license it at all.

      I license all my code MIT. I want people to have the freedom to use the code. If I used GPL, there's a lot of people out there who can't use the code.

      As you even admit, GPL removes the freedom to use the code how you want.

    10. Re: Freedom within limits by Anonymous Coward · · Score: 0

      As you even admit, GPL removes the freedom to use the code how you want.

      I did not admit that, because it's not true. The license itself says you can use the code for any purpose.

      BUT distributing binaries of it (or a derived work) is not allowed. When you say there are people who "can't use it," you really mean they won't use it, because they don't want to share their own code.

      Seems to me you just want the benefits of other people's work without giving back. You can be greedy if you want, just stop whining when other programmers won't play ball with you.

    11. Re: Freedom within limits by Anonymous Coward · · Score: 0

      GPL removes the freedom to use the code how you want.

      GPL does no such thing. You don't have that freedom under copyright law, unless a license permits it. GPL removes nothing, it just doesn't grant all rights unconditionally.

    12. Re: Freedom within limits by reanjr · · Score: 1

      How the fuck am I benefiting from other people's work by writing and giving away code? Wtf is going on in your brain to draw that conclusion?

    13. Re: Freedom within limits by reanjr · · Score: 1

      "The only right GPL restricts is the right to close the code". So, you admit the GPL removes your freedom to use the code how you want.

    14. Re: Freedom within limits by reanjr · · Score: 1

      This is just a sign of how the GPL has poisoned minds into confusion.

    15. Re: Freedom within limits by Anonymous Coward · · Score: 0

      "The only right GPL restricts is the right to close the code". So, you admit the GPL removes your freedom to use the code how you want.

      Clearly you are confused about how copyright works. Copyright law grants that exclusive right only to the author. It is copyright law which prevents you from using other people's code any way you want - not GPL.

      Your complaint is that GPL doesn't grant you as many rights as you would like. However, it does NOT take away any rights from you, since you never had them in the first place.

    16. Re: Freedom within limits by Anonymous Coward · · Score: 0

      > How the fuck am I benefiting from other people's work by writing and giving away code?

      Huh? You're only bound by GPL if you're using someone else's GPL'd code in your project. If it's all your own code, you can do whatever you want with it and license it any way you want.

      If you're using someone else's code, you're benefiting from the work they put into it. Capisce?

    17. Re: Freedom within limits by reanjr · · Score: 1

      "I'm not asking people to change their licenses." -Me, a couple comments up

      But if you value freedom and do not want to restrict people from using your software, as I do, then you release using the MIT license. That's not trying to benefit from other people's work, no matter how you want to spin it.

    18. Re: Freedom within limits by Anonymous Coward · · Score: 0

      You're contradicting yourself. You say you aren't asking people to change their licenses, but then you go on to say people should use the MIT license instead of GPL.

      Again, the only thing GPL disallows is distributing binaries without source. The only reason you would do that is because you want the exclusive right to modify the source and distribute the binaries without sharing your code - i.e. using other people's work and not giving back.

      As I said, GPL is for people who want to share their code. If people can't use your software because they don't want to share, tough cookies.

      This reminds me of a time I was playing some ball at a family picnic. My sister's boyfriend was a sharp batter and wanted to hit a few pitches, but he didn't want to take a turn fielding. We told him to stick it.

    19. Re: Freedom within limits by reanjr · · Score: 1

      I say that if people care about the freedom to share the software, they should use the MIT/BSD style. But that's no call for everyone to use those licenses. If you don't care about sharing software, use whatever license your want: GPL, proprietary, etc. There's nothing wrong with restricting people from using your work as they see fit. You created it, you have the control. But if you don't wish to exercise that control, then use a license that permits it such as the MIT or BSD license.

    20. Re: Freedom within limits by Anonymous Coward · · Score: 0

      Well, in that case I'm not sure what your beef with GPL is. It seems you think it's too restrictive, because it doesn't grant you all the rights that BSD/MIT does. You then go on to say it's fine for people to use it?

      I just pointed out that the only restriction GPL makes is that you can't distribute binaries without source, which IMHO is better for people who want to share their code because it ensures that people who use your code get the WHOLE package, source included.

      You said "GPL restricts rights," which is false. Copyright law restricts rights.

      You said "BSD is the path to freedom," but it's better suited if you DON'T care about sharing your software, because people can take your code and close it off.

      If you have proprietary BSD-derived code in your system, and you can't look at the source, you are less free (to tinker, to improve, to fix bugs) than if it were under GPL.

  3. e tu by Anonymous Coward · · Score: 0

    ah for the hedy days of GPL2.

    1. Re:e tu by Anonymous Coward · · Score: 0

      > ah for the hedy days of GPL2.

      That's HEDLEY!!

  4. Re: AC Releases New First Post by Anonymous Coward · · Score: 0

    Needs more CoCs and balls, imho

  5. Translating is not copying by Anonymous Coward · · Score: 0

    If the original program carries a free license, ... the translated program must be covered by the same versions of the GNU GPL

    The Free Software Foundation may want this to be true, but I doubt that it's legally sound. Copyright covers copying, not translating.

    1. Re:Translating is not copying by jarkus4 · · Score: 1

      Translation is generally considered derived work and so covered by copyright

    2. Re:Translating is not copying by Anonymous Coward · · Score: 1

      Translation is generally considered derived work and so covered by copyright

      Not necessarily. A person may rewrite an algorithm, and that rewrite is not covered by the original copyright. This is because copyright governs the expression of an idea, not the idea itself. That is, copyright governs the way that an algorithm is written, not the algorithm itself.

      A translation between closely-related languages (from C# to C++) may involve a lot of copying. But a translation between distantly-related languages (from Assembly to LISP, for example) is much more like rewriting than copying.

  6. clause of doom by Anonymous Coward · · Score: 0

    i think the clause that everybody is afraid of but hasn't been included yet, is that clause that states that you can do whatever you want with the code but you have state that there indeed is a totally free version of the code you are trying to rape for profit : ]

    1. Re:clause of doom by jarkus4 · · Score: 1

      People that read all this legal stuff are already aware of it, so such clause is entirely superfluous. All the rest will just press "Next" anyway.

  7. Licenses != Free by Anonymous Coward · · Score: 0

    If you really want your code to be free, abandon licenses altogether. All you're doing is increasing the probability that some lawyer will get a new Porsche. Instead, say that you're giving the code away, no restrictions, no rights reserved, no credit required, period — and then have the stones to stick to your word.

    You will never get away from these parasites until you stop enabling them.

    One more thing: if you demand credit, that's a required payment, and what you're doing is not free. People may give you credit on their own, and that's fine, but the former is just another way to throw sand in the gears of progress. Progress is what moves us all forward. Aim there.

    1. Re:Licenses != Free by Anonymous Coward · · Score: 0

      I'd rather trust a legal document than someone's stones.

      If you want to give your work away unconditionally, use Creative Commons Zero (CC0) to do so.

    2. Re:Licenses != Free by Dutch+Gun · · Score: 4, Insightful

      If you really want your code to be free, abandon licenses altogether. All you're doing is increasing the probability that some lawyer will get a new Porsche. Instead, say that you're giving the code away, no restrictions, no rights reserved, no credit required, period — and then have the stones to stick to your word.

      Trying to avoid legal entanglements by simply ignoring the fact that we actually have a legal system is terrible, terrible advice. No one cares about "your stones" - they want stronger guarantees than that.

      If you want your software to remain legally protected and as free as possible for all types of use, use an MIT or BSD style permissive license. If you wish your software to remain open source only, use GPL. And like AC said, there's Creative Commons Zero for an unconditional giveaway. By not choosing a license, you're simply choosing legal ambiguity.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    3. Re: Licenses != Free by reanjr · · Score: 1

      That doesn't actually work in many (most?) legal jurisdictions. Public domain doesn't even work in some jurisdictions. It needs a valid license for the public to use it in such places.

    4. Re: Licenses != Free by HiThere · · Score: 1

      IIUC public domain became obsolete except upon the expiration of copyright terms when works became automatically under copyright. So unless you use a license explicitly granting rights, nobody else has the right to copy your program (except for fair use, which can always be challenged in court). This is true even if you publish it on the web.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  8. Fraunhofer FDK AAC by Gravis+Zero · · Score: 2, Informative

    But what is the Fraunhofer FDK AAC you ask?

    Fraunhofer FDK AAC (Full title Fraunhofer FDK AAC Codec Library for Android) is an open-source[5] software library for encoding and decoding Advanced Audio Coding (AAC) format audio, developed by Fraunhofer IIS, and included as part of Android. It supports several Audio Object Types including MPEG-2 and MPEG-4 AAC LC, HE-AAC (AAC LC + SBR), HE-AACv2 (LC + SBR + PS) as well AAC-LD (low delay) and AAC-ELD (enhanced low delay) for real-time communication. The encoding library supports sample rates up to 96 kHz and up to eight channels (7.1 surround).[6]

    You're welcome internet.

    --
    Anons need not reply. Questions end with a question mark.
  9. And this is why the FSF is a joke by Anonymous Coward · · Score: 0

    This is a ridiculous waste of effort just because somebody might be able to use the source under the "wrong" license. The CC isn't a very good license for software development, but if it's licensed under multiple licenses, just use the license that best suits you and be done with it. It's not like changing the license on these projects is particularly viable.

    1. Re:And this is why the FSF is a joke by jarkus4 · · Score: 1

      Common Clause is NOT creative commons. Its a clause that you put on other license to mark it "forbidden to sell or commercially profit from"

  10. Compiled? by DrYak · · Score: 1

    So by the same logic, a compiled executable of GPL code isn't covered by the GPL anymore ?
    See because a compiler is also translating, merely to machine code.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Compiled? by Anonymous Coward · · Score: 0

      We can extend that logic even further if we bring in automated translations.

      There were decades ago since that argument were made for music and someone wrote a program to generate all possible note sequences within a specific length.

      If we allow automatically generated sequences to be covered as work of art as required by copyright law then all music have been copyrighted and no more new melodies can be created.

  11. In the real world... by Anonymous Coward · · Score: 0

    ... anything "open source" means "I can take this and use it however I please and never mention where I got it from". This is how people think and how things are in reality.

    It has always baffled me to see how much time and effort is spent on wording/changing/talking about all these "licenses" that nobody cares about anyway. If the source code is available, it's going to be taken and used. Please understand that humans are vile, egotistical creatures. If you truly want "free" software, you wouldn't have any license whatsoever.

  12. Creative Commons by Anonymous Coward · · Score: 0

    Typically, I only use Creative Commons licensing on artistic works, such as pictures, music, or movies. There are plenty of examples of Facebook posts ending up in commercial products (another reason not to use social media).

    For programs and scripts, I use GPLv3. Hadn't even considered using Creative Commons, as it isn't much of a license.

    1. Re:Creative Commons by jarkus4 · · Score: 1

      Commons Clause is NOT creative commons

  13. The communists are gonna have a fit by reanjr · · Score: 0

    The anti-corporatist communists who think all software should be free up until the point a big corporation figures out how to make profit will be apoplectic.

  14. Hey, look, a sycophant by Anonymous Coward · · Score: 0

    Trying to avoid legal entanglements by simply ignoring the fact that we actually have a legal system is terrible, terrible advice.

    Let's look at this more closely, recast to make the point:

    Trying to avoid legal entanglements pre-civil war by simply ignoring the fact that helping people escape slavery was illegal was terrible, terrible advice.
    Trying to avoid legal entanglements pre-civil rights by simply ignoring the fact that riding in the front of the bus was illegal was terrible, terrible advice.
    Trying to avoid legal entanglements pre-superstitious idiot / moral cripple law by simply ignoring the fact that sex with a same-sex partner was illegal was terrible, terrible advice.

    So we have established (at least for anyone who can think their way out of a paper bag) that "the law" isn't always in the right, nor should it be supported when it clearly isn't.

    Turns out, when you support bad law, you are the culprit working to keep it in play. When the system is corrupt, you fight it, or you are the system. And while it means that you are "legally in the right", it also means that you are working against everyone else's best interests.

    Someone else had this to say about it:

    in so far as [law] deviates from right reason it is called an unjust law; in such case it is no law at all, but rather a species of violence

    (Thomas Aquinas) .

    1. Re:Hey, look, a sycophant by BadDreamer · · Score: 1

      Nice bait and switch there. Starting with a number of cases where following the law was the wrong thing to do, then switching "following" to "supporting" to try to make some kind of point.

      Following the law is not supporting the law. it is working within the system. FSF, EFF and others are also working to change the law, and spending a lot of money and effort to do so. Until the law is changed, handing money over to lawyers by breaking the law will do nothing except give money to lawyers.

      And you know, your examples are non-examples. By riding in the front of the bus, or helping people escape slavery, one is doing the opposite of avoiding legal entanglements. Same as if one decides to try to not use a license. That is ASKING for legal entanglements - which will not lead to any kind of good thing in any way. No slaves will be freed from that.

  15. Licensing is needed to grant and ensure SW freedom by jbn-o · · Score: 2

    If you really want your code to be free, abandon licenses altogether.

    We've been through this discussion throughout the 1980s and 1990s and there's no clear way to do this without licensing, even if only to forgo the very powers you say one should forgo.

    and then have the stones to stick to your word

    If you relinquish all copyright power in the work (say by putting it under Creative Commons Zero which is effectively placing the work into the public domain in the US and like regimes, and forgoing all copyright power in other regimes) you won't have anything to "stick to". If someone does something with the code you could have objected to on copyright grounds you will have forwent that power. If you want to object to something based on patent power (with any patents you hold which could read on the work) you'll need licensing to grant others the freedom to use those patent ideas—to forgo that power too.

    So it only makes sense to talk about "sticking to your word" if you have something to stick to. For instance, one thing you might want to stick to is looking out for the software freedom for derivative works so that you ensure the software freedom you carefully chose to respect remains intact when someone builds on that code and distributes their derivative. This too requires the licensing power you eschew with attention paid to copyright and patent power (possibly more).

    I think your willingness to publish more free software is helpful but more needs to be said and done to make your view practical. Yours is a rather inchoate expression of (perhaps) frustration with the complexity of what one needs to do to come close to forgetting about legalistic considerations and enjoy one's time spent programming. But what you've offered is not a practical way to look at the world as it is and has been for decades.

  16. 20 years same arguments repeated - dumb GNU GPL by Anonymous Coward · · Score: 0

    A non-issue here. Interest in the GPL vs MIT vs closed source licensing will decrease as the early proponents age and retire.

    Expect a shrill set of voices for the next few years as the early proponents feel they get less and less recognition/face time for this debate.

    It's a few pages in the software history book now, and will shrink over time to a 1 line footnote much like other historical topics.