Response to the APSL

Bruce Perens has written a response to Apple's Public Source License (APSL). The essay discusses reasons why the license does not consitute an open source license (ala the Debian Free Software Guidlines (DFSG) or the Open Source Definition (OSD)). The essay has been endorsed by the Debian Project Leader (Wichert Akkerman), and Ian Jackson, president of SPI. Many people, including myself, feel that one of the biggest threats to the free software community is almost-free software.

Comments

Keep a clear cut position

[Anonymous Coward]

I agree with Bruce and Justin that ESR may have gone too far on this one. By not allowing Jikes to be Open Source, but allowing APSL to be, he's made the term meaningless. Since Open Souce appears to be whatever Eric says, he is acting no less arbitrarily than a despot. Perhaps that was why Bruce left opensource.

The clearest threat to Free Software is disolving the term to such an extent that it is meaningless. This will result in no one working on the "open source" and companies deciding it was a bad approach. The chance we would have had to change the way in which we all work would have been lost forever. Better stick with a strong radical position like RMS's which at least is clear than to have a politically swayed realpolitik position which is more business friendly, but will only result in failure

too bad Bruce left OSI.

[Bruce Perens]

I left after Eric overruled the entire board on another issue. From my discussions with them, it does not appear my vote would have mattered in this issue, and had I remained on the board I would not have been free to comment on the APSL as I have.

Thanks

Bruce

I spoke with people at Apple today

[Bruce Perens]

I spoke with people at Apple today - their director of OS development and also the specific person responsible for Open Source development. They welcome suggestions about the license and certainly did not have any problem with my making one. Let's give them some time and see if they can improve the license.

Thanks

Bruce

He's right though.

[MushMouth]

The code is not free, and it was very appropriate of Bruce to point this out.

That is utter bullshit!

The code is free and Apple is free to protect themselves, their employees and shareholders from liability. Bruces problem with 2.2 was very nit picky, he simply wants clarification should Apple have an unhealthy demise, and his problem with 9.1 seems to be a non issue, since removing the Affected code is the last resort for an infringemnt claim according to Apple's license

9.1 Infringement. If any of the Original Code becomes the subject of a claim of infringement ("Affected Original Code"), Apple may, at its sole discretion and option: (a) attempt to procure the rights necessary for You to continue using the Affected Original Code; (b) modify the Affected Original Code so that it is no longer infringing; or (c) terminate Your rights to use the Affected Original Code, effective immediately upon Apple's posting of a notice to such effect on the Apple web site that is used for implementation of this License.

It seems that the spirt of the license is that workarounds, and deals would be the first wave of correction. Also he seems to have missed the term Affected which implies Lines of code

Verse 7 of the GPL
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

According to the GPL all that is needed for termination distrubution is an allegation of infringement or any other reason

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

I put forth this last bit to show everyone that even in the GPL there IS an owner of the code, the original copyright holder, whoever that may be.

too bad Bruce left OSI.

[navindra]

If Bruce was still at the OSI, maybe he could have vetoed Open Source (TM) certification of the APSL.

He's right though.

[sakti]

Apple's announcement was nothing but a PR stunt. The code is not free, and it was very appropriate of Bruce to point this out. I agree that Bruce has had problems controlling his ego in the past, but this is not one of those occasions (or if it is, then he's at least using it towards good ends ;).

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"A society that will trade a little liberty for a little order will deserve neither and lose both."