Four New Open Source Licenses 117
Russ Nelson writes "OSI has approved four new Open Source licenses. The X.Net is BSD with jurisdiction specified (note that RMS says that the GPL is not compatible with such licenses,) the New Artistic, currently that used by Perl (one paragraph added), the Sun Public License is Mozilla 1.1 with minor differences, and the Eiffel Forum License. We also modified the rationale for Open Source Definition clause 9 to remove the word "contaminate" referring to the action of the GPL."
Re:The Saturday that will live in infamy (Score:1, Offtopic)
Yes, according to this article [thetimes.co.uk], there is indeed some risk. However, according to the same article, the FBI is aware of it, and are stepping up security. In any case, it'll be prudent to avoid planes, high-rises, subways and huge crowds.
Re:France (Score:2)
According to Libération [liberation.com], the explosion was due to an accident, rather than terroristm.
Who Cares? (Score:2)
You're right. (Score:2)
-russ
Re:You're right. (Score:2)
I appreciate the OSI providing a repository for licenses, and some comparitive analysis. But I think that function would be better served by an organization that did not exclude certain licenses. The distinction of a license being declared "open" by the OSI really doesn't mean anything to me.
Re:You're right. (Score:2)
-russ
Re:You're right. (Score:2)
Well, as my sig subtly suggests, I personlly favor the GPL. That said, I also favor choice. I think that it is the developer's perogative to choose any license he or she chooses, up to and including the most restrictive proprietary licenses. Good licenses, like good code, should stand on their merits.
Your question is somewhat difficult to answer, because I already know what license I personally prefer. I'm trying to put myself in the shoes of someone who doesn't know what license to use. In that case, I think it's more useful to be able to review the panoply of available licenses, rather than a select few. I feel like the terms "open" or "open source" tend to confuse matters somewhat, because even among those licenses that qualify (according to the OSD), there can be vast differences.
Generalizations can be useful, but they can also be misleading. All "open source" licenses are not alike. For those about to enter the muck, I think this categorization might confuse more than enlighten. If I were starting from scratch, I would prefer to see an unbiased (ha;) collection/comparison of any/all available licenses, not just a clubbish few.
Re:You're right. (Score:2)
-russ
Re:Who Cares? (Score:2)
Re:Who Cares? (Score:2)
Lord of the Open Source.... (Score:4, Interesting)
With this many licenses around its getting a bit silly. A friend of mine runs the Scope HMVC project Scope [sourceforge.net] over at Sourceforge and had to change the license slightly so as to enable work to pay him to do it. As more and more licenses come on board it just means more work for the lawyers. Isn't it time that there was a dynamic Open Source license which had a series of checkboxes that dumped out the license appropriate to your project at the end of it.
This is meant to be high tech, but our foundations are still paper.
Re:Lord of the Open Source.... (Score:2)
Re:Lord of the Open Source.... (Score:2)
This is indeed worrisome, but some proliferation of licenses is necessary.
For example:
I was "around" (reading the mailing lists) when the Eiffel Forum License was created. Because of the nature of OO software development, it was felt that existing licenses (such as the LGPL) would not be appropriate. I don't recall all the discussions, but there were some good reasons why people didn't want to use the existing ones.
This is the "downside" to freedom; everyone tends to go off in their own direction. Of course M$ and the other industry players would be glad to consolidate end-user licenses down to just one. That would make things very simple... but not desirable or pleasant.
Re:Lord of the Open Source.... (Score:1)
I think that a Dynamic Open Source License (DOSI) could solve a lot of problems, but if not done right it could also turn into an unwieldy mess (imagine filtering through ten or twenty pages whorth of checkboxes).
But then again, I am an idiot, and really have
Re:Lord of the Open Source.... (Score:2)
OSI has recently instituted new rules for submitting new licenses. One new rule is that the submitter must state what existing license it is closest to, and why the license is inappropriate.
Hang out at license-discuss at opensource.org for a while. You'll find that the community does a very good job of weeding out the cruft, and that quite a few new license submitters have been persuaded to use and existing license instead.
But there is one big problem looming, which the OSI is working on right now. And that is someone wanting to use an existing license, but with the trivial change of using their own name instead of the license's name. For example, the Apache License is very appropriate for many projects, except that it specifies the Apache Project and Developers. What is needed is a set of license "templates". An example of a license "template" is the BSD license as presented at www.opensource.org.
p.s. Do you really think that the OSI is approving too many licenses? Have you checked at the FSF to see how many free licenses they have approved? I count FORTY!
Re:Lord of the Open Source.... (Score:1)
I think they realize that -- whenever the OSI/ex-OSI figures speak on a panel, they always emphasize that there are now enough licenses out there that an existing one will work for just about anyone, and discourage new ones as unnecessary and confusing.
It's always good for a laugh when an OSI board member attacks license proliferation, without the slightest recognition that that's largely what the organization was founded to facilitate.
Re:Lord of the Open Source.... (Score:2)
Is the picture referenced in your signature for real or is it edited??? Hard to believe that people could be that unconscious.
-russ
OT: Mideastern Laker fans (Score:1)
I'm sure it's unedited. The Israeli site it's on had it on a page with a bunch of similar pictures, with no reference to the clothes.
It looks to me (not the original poster) like a real picture of non-protesters. Where are the signs?
Supposedly (I can't vouch for it, and the site is pretty right-wing, but I still bet it's true) the picture is of Palestinians in Lebanon celebrating the WTC attack. "celebrations" had too many characters for the sig so I went with "protests" until I can think of a more accurate word of appropriate length.
Re:Lord of the Open Source.... (Score:2)
But there are three problems with your agrument:
Simple free market -- and evolutionary -- thinking: advances do not come to fruition in a timely manner when there are only one or two main competitors. If someone wants a different license, they have the right to use it, or make up one suited for their particular project from scratch. Conclusion: multiple, conflicting licenses are healthy.
Lastly, your idea of a "dynamic" open source license has a few major flaws (which, if they could be worked out, would make your idea incredibly feasible). Most contracts, and licenses, only work to protect the parties involved when the document is taken as a whole, and one clause from one section reinforces another clause from another section. By mixing and matching sections, you could easily lose this reinforcement, making your license full of loopholes or "ambiguous" terms. You would not believe how many cases are in arbitration over "ambiguous" clauses in contracts. You must avoid this problem at all costs, but I cannot see a way around this problem, without having to pay a lawyer to sit there, go over your custom contract by hand, and fine-tune it for your project. Your idea provides a baseline contract to work with, and could save people large ammounts of money in legal fees if they needed a custom contract, but would not work well for the individual developer.
The Raptor license does that (Score:3, Insightful)
>had a series of checkboxes that dumped out the license appropriate
>to your project at the end of it
The Raptor licenses do that. Noone uses them (ok, and if I'd put them all in one place it might help
Roughly as follows. Add up the clauses used to specify a license as "Raptor n"
Section 0:
You may do anything you damned well feel like with this source code, save as restricted under later clauses.
Section 1:
Any derived work must retain the copyright notices contained herein.
Section 2:
Any derived work must be under this license.
Section 4:
You must make the source code available in the same manner as the binary distribution for no more than duplication and shipping costs.
Section 8:
No derived work may link to any code not assimilible by this license.
Section 16:
No derivative work may be released under a license which restricts the ability to combine software under differing licenses in any manner.
Section 32:
Any distributions of source code or binaries must be made without modification: all modifications must be patches to source code unless written permission is obtained from the copyright holder.
Section 64:
No modified version may be distributed under the same name as this software.
Section 128:
Any advertising or packaging for this product must contain the acknowledgement
"RMS is a nunu-head" [phrase will vary]
Section 256:
The authors have realized that their actions conflicted with the terms stated in the original license. The original license was Raptor [number], while the correct and binding license is Raptor [number] with the following additional provisions
[provisions]
Section 512:
Changes to this license may be made by the following entities in the following manner:
[governance terms]
Notes:
Raptor 0 is all but public domain (it doesn't assign the copyright).
Raptor 1 is pretty much BSD/X
The GPL is pretty close to Raptor 15.
Clause 16 is a poison pill to prevent assimilation by the GPL for those who object to its proprty of only taking code from other licenses but not sharing back.
32 is Pine-ish
64 is Artistic License-ish
128 is old BSD
256 is for situations such as where software purports to release under GPL, but from day 1 had dependencies upon closed source software. The current Lyx license is like this.
I'm perionally partial to a stock 145, but . . .
:)
hawk, who reluctantly left the phrase "including coordinating nuclear attacks on Australia, plotting the overthrow of your government, or exterminating an endangered species" out of clause 0.
Re:Lord of the Open Source.... (Score:1)
Using more than one license like mozilla will try now could be a good idea for some projects.
Re:Just use the bloddy GPL or LGPL (Score:1)
I agree standardization is a good thing, unfortunatly the GPL and LGPL will probably not be that platform for many people. Although both of these licenses are well thought out and purposefull, the social agenda bound up with them is anathma to many open source developers. That being said, please realize that though I disagree fundamentally with the agenda I do respect the FSF, its licenses and its adherants.
Re:Just use the bloddy GPL or LGPL (Score:2)
> Although both of these licenses are well thought out and purposefull, the social agenda bound up with them is anathma to many open source developers.
FWIW, every license is bound up with some social agenda.
Re:Just use the bloddy GPL or LGPL (Score:1)
(CHNSA has no social agenda)
1. This license must accompany any Software to which it is affixed. Any attempt to circumvent this restriction will result in the effect of this license upon said Software to be null and void.
2. This license has no social agenda. Any insinuation that it does, in fact, have an agenda will result in the effect of this license upon aforementioned Software to be null and void.
3. This license entitles the User to distribute any software under this license as said User sees fit. Any attempts to restrict a user in this right will render the license null and void in the presence of the Restrictor for so long as the Restrictor continues restricting the User.
Enjoy!
Dancin Santa
RMS Can Lick my Balls (Score:1)
Everyone is encouraged to look at licenses like the Artistic License (Written by Perl God Larry Wall) and the BSD License available at opensource.org.
Maybe if everyone ignores this GPL crap RMS will take his bullshit elsewhere.
Re:RMS Can Lick my Balls (Score:1)
chill already
Re:RMS Can Lick my Balls (Score:1)
Yes, RMS and the FSF have been vocal in moving the Free software movement; but its also things like insisting we call it "GNU/Linux" that make them look like a bunch of fucking lunatics.
Re:RMS Can Lick my Balls (Score:1)
then don't use GPL code? i don't.. thus no problem.
Re:RMS Can Lick my Balls (Score:2)
Re:RMS Can Lick my Balls (Score:1)
Re:RMS Can Lick my Balls (Score:1)
i mean, we do need them to be as vocal as only rms can be on things like the dmca - but here its important everyone backs them up, they can't do it by themselves. so whats left?
i've been reading lots of articles about how business is really getting fedup with ms and how expensive things are nowadays in terms of licences. that tells me there's a lot of money available, if people are unwilling to spend x on licences they will probably be willing to spend x/2 or x/4 to solve that problem once and for all. and there's a lot of companies in this situation, they want to move out of ms's upgrade cycle but gnu/linux doesnt quite cut it in the desktop yet. at the same time, the open source dudes seem to be morally bankrupt (just look at esr...); why doesnt the fsf negotiate with companies to create sort of a fund where everybody chips in and they re-distribute the money according to the votes of the community? (i mean ALL of the community, not only the gnu people). they're like a foundation, so you probably get some tax of that contribution and perhaps a list of sponsors on the website could be done, to make their names more visible. and with the community overseeing it, no one will monopolise the cash, which means gnome/kde people would get a proportional share to the number of developers who vote. also, we could give companies that contribute a vote as well, so that they can say where they'd like the money to be spent.
what y'all think?
Re:RMS Can Lick my Balls (Score:1)
If you're using SOMEONE ELSE'S code in your work, you should damn well obey their wishes that it remain GPLed. You don't own it, and you're not doing THEM any favors by using their code; they're doing YOU a favor, all they ask in return is that you preserve their existing licensing wishes. If you wanna become the next Bill Gates, go ahead - but write your own damn code. "Free" doesn't mean "sucker". I'm not about to write the code to build you an empire with which to enslave my family. If you want to build an empire, ask Bill Gates if you can use HIS code, see what he says.
Re:RMS Can Lick my Balls (Score:1)
If i use a piece of GPLed code; that code should remain GPLed. It shouldn't virally infect my own code if I don't choose to use the GPL. I contribute to several Open Source projects and choose not to use the GPL; I think it is a horrid license. And FTR, I *USE* BSD, thank you for the suggestion. I also use Linux in several places; I make sure not to license any code I write under the GPL because it sucks.
I am not looking to build an evil empire, or steal anyones code. But I think that an Open Source license should allow me to use it under its terms, without it infecting my code.
Re:RMS Can Lick my Balls (Score:1)
If I put GPLed code into a product that also includes my own code, how can I respect the GPL guy's wishes to keep his work free when my desire is to release a proprietary product? Unless I contact the GPL guy and arrange some sort of dual-licensing arrangement, I can't see how his code is still under his original license.
Re:RMS Can Lick my Balls (Score:2)
> The way it would work:
> You license your code such that it is Open.
> I take your code gratefully and change it a
> little.
> I build the binary and release the binary as
> my own product with attribution given to your
> product.
There's the problem. The people who write GPL code (myself included) explicitly don't want you to be able to "release only the binary" if you're using our code.
If you don't like it, don't use our code, write your own. I don't see you complaining that you can't use code from Microsoft, Sun, Oracle, etc. Why do you think GPL code is any different ?
If you don't like the costs of the license, don't use the code.
Regards,
Jeremy Allison,
Samba Team.
Re:RMS Can Lick my Balls (Score:2)
Everybody has a right to try and sell their point of view and to lobby whoever they want. MS and other software companies are lobbying right now to try and make open source developement a crime and you fret over the FSF. Get some perspective
Re:RMS Can Lick my Balls (Score:2)
But at least I have a brain! Why would anyone choose to use the GPL? That's easy! I may not agree with them, but it's not my choice to make. I can think of several projects where the GPL is the most appropriate license to use.
All the BSD and Artistic License fans just wish you would go away, because you aren't helping the cause any. Hmmm, maybe you really are RMS in disguise trying to make it seem like we're all irrational fanatics.
Open Source licenses are so confusing... (Score:1)
BTW (by the way), under whatever open source license it proceeds, the Open Source AI Mind is now teetering on the brink of being if not the first True AI then at least the first public domain True AI, because as of today's PD release, all the major algorithmic bugs have been worked out and it remains apperently only to adjust the various activation-level weights in the simulated neural net. You have read about it first here on Slashdot.
Caution suggested (Score:2)
Much better just to license your code under one of the licenses whose only restriction is "Don't remove this copyright."
-russ
Re:Caution suggested (Score:1)
OK.. ok. No score +1 bonus for this post ;).
Re:Caution suggested (Score:2)
-russ
Re:Caution suggested (Score:1)
Re:Open Source licenses are so confusing... (Score:2)
Human: What license should you be released under?
Robot: I BE RELEASED
Well, there you go!
Multiple licences (Score:1)
Complaining about diversity is not constructive - that way leads Windows.
Once again: "Variety, my friends, variety" (Score:1)
I'm very happy to hear this. AsI've said before for Mono x GNU fight [slashdot.org], variety means freedom, freedom of choice.
If we had only one license, GPL, it would be horrible, we would have no choice but use GPL. But we have choices, we can choose between many kinds of FreeSoftware/OpenSource Licenses.
I prefer a hard argueing about which license is better, then a discussion about how nice would be to have at least an option for GPL
Let's fight, let's defend our point of view, our preferences. Let's build a comunity with variety and freedom of choice
Re:Once again: "Variety, my friends, variety" (Score:1)
> Let's build a comunity with variety and freedom of choice
Actually, I'm building a beowulf cluster of OSS licenses.
Shame (Score:1)
Any license is only as effective (Score:1)
Re:Any license is only as effective (Score:2)
-russ
Great! (Score:1)
Re:Red Software (Score:2)
nazism, fascism, and totalitarianism...
well, i don't see any of those having any effect on 'communist philosophy', so no, the FSF HQ should not worry about being bombed (at least by GWB).
Re:Red Software (Score:2)
communism: a theory advocating elimination of private property.
totalitarianism: A totalitarian political system is dominated by a monopolistic political party suffused with the ambition to transform society, gripped by a single chiliastic and 'totalistic' ideology which pulverizes all rival and local belief systems, and which uses organized terror systematically to crush its opponents, maintains a monopoly of the mass media of communications, subordinates the legal system to political imperatives, presides over a centrally controlled economy, and is territorially expansionist.
they don't look very similar to me...
Why can't you read before you opine? (Score:1)
Why they choose the GPL (Score:2)
The reason is simple: they want developers. There seem to be more people coming out of the woodwork to contribute to a fledgling GPL project than for any other type. This is especially true for new projects with few developers.
Its also a guaranteed way to get users. If your project is useful or fun at all, then the license
will attract at least a few eyes. Users certainly like to recieve GPL programs- even if they never download the binaries.
Ironically- most sucessfull large OSS projects fall under less restrictive yet gpl compatible licenses. (Xf86, perl, python, apache, postgresql, moz, libpng)
On the other hand- Gnome, KDE, samba, gcc, glibc, vim, emacs, and the linux kernel themselves are exceptions. The desktop environments are easy to explain- theyre a collection of small projects. And the linux kernel has exceptions- such as for loadable modules.
Personnaly I license my stuff under the GPL or LGPL. Ive been burned by shareware with small bugs that I was dying to fix- so I try not to make anything that contributes to that model (no bsd/artistic). I just want people to have the source- and I dont know hov that could offend anyone.
MGPL (Score:1)
A "work based on the Program" hereinafter means either the Program itself or a work containing a portion or the totality of the Program either with or without modifications, translations, transliterations, or transformations. (Hereinafter, the term "modification" shall include, without limitations, the last four terms of the previous sentence excluding the term "or" unless "or" is used to refer to a boolean function applied to modify the Program or any part of it.) Each licensee is addressed as "you", as in the statement "You are a licensee". (The statement "You are not a licensee" will hereinafter have no logical meaning.)
X.Net does NOT specify jurisdiction (Score:3, Interesting)
Thankfully, the X.Net license does not do this. What it has is a Choice of Law provision which is drastically different. It specifies that no matter where a dispute is litigated, the court must apply California state law and United States (federal) law.
I can see where this could potentially lead to problems, however -- courts generally (especially state courts)don't like to have to use another state's laws in their own courtrooms. Also, what happens if California decides to enact the UCITA?
All in all, the X.Net license is a model of simplicity and clarity.
Code re-use (Score:2)
Re:Code re-use (Score:2)
That's one reason why I choose to use the BSD license. Everyone can use my code without having to worry about running afoul of any legal clause.
It's a pain in the butt having to reinvent the wheel just because the only wheels you can find are proprietary and closed. But it's every bit of a pain to reinvent the wheel because the existing wheels are open but legally incompatible with the axles.
Solution? Let the free market of licenses decide. If you take a good look, there are a great many licenses but only a small handful that are used by more than one project. It seems to me that the market is deciding upon (L)GPL, MPL, and BSD/MIT as the major licenses, with a few more minor licenses. If you look at those big three, you'll see that they can be classified as "strong copyleft", "weak copyleft" and "unrestricted". They balance nicely.
If you don't want people having to reinvent the wheel with regards to your own code, then choose one of those "big" three. Choose (L)GPL if you want strong copyleft, MPL if you want weak copyleft, and BSD or MIT if you want unrestricted.
Re:Code re-use (Score:2)
To me, it looks like the market prefers some version of the Artistic license to the MPL.
Re:Code re-use (Score:2)
I would have mentioned that, except that virtually all AL licensed code is also dual licensed with the GPL (ala Perl). The MPL though is used by quite a bit of code outside of Mozilla, and is very popular in the Java community.
Dual licensing is an interesting concept, and I have no doubt that we will see more of it.
No good solution (Score:2)
If you're not going to distribute the software, you have no problem. But I think you want to be able to give the software away without charging for it.
-russ
screw licenses (Score:1)
Why remove the word "contaminate"? (Score:1)
Also, from http://opensource.org/docs/definition.html#9 [opensource.org]:
Then, they go on to say:
A single work? This sort of thing always chaps my hide. Let's say that your program will operate with any libc other than GNU's. Arguably this means you should have written things differently, but let's go on.
Now, it's my understanding that any package which will not function without a GPL'd package must be GPL itself. If this is true, then your program now must be GPL'd, even if you don't include Gnu libc in your distribution.
Am I correct? And if I am, how is this not contamination?
Re:Why remove the word "contaminate"? (Score:1)
Jo
Re:Why remove the word "contaminate"? (Score:1)
Blast. That's what you get for posting comments which should be +1 Insightful while you are -1 Intoxicated.
Re:Why remove the word "contaminate"? (Score:1)
The Real Problem With License Proliferation... (Score:1)
I wanted to burn my friend a copy of my RedHat 7.1 CDs, but I had to break a warning sticker when I first opened the 7.1 package, and there was a click-through EULA when I installed, so I'm assuming there's non-free stuff on there. I ended up *giving* him the CD's (I don't even know if THAT'S legal), Install Guide, even the receipt, and I swore allegiance to Debian GNU/Linux, and their "Use non-free software? [y][n]" during install. For me, as a user, the GPL is peace of mind. I don't have time to research the 2000 licenses out there, sorry. I know the GPL, I know the BSD, and I know the MS-proprietary licenses. I don't have time to learn the intricacies of all the other licenses.
Multiple licenses are both a strength (diversity), and a pain (diversity). At least it's all available in English for me, linguistic diversity would be insane. What I mean by this, is that diversity is good, but it can interfere with order and progression if used improperly, or if it's diversity for diversity's sake. And *one* non-free piece of software on a distro can destroy the freedoms the others provide, if, for example, that license doesn't allow copying. And then we'll end up pirating stuff, just like we did when we were Windows users.
Re:The Real Problem With License Proliferation... (Score:2)
Great! You've just reinvented OSI Certified Open Source. If we've approved the license, then you can copy it. That's the whole point.
-russ
The Real Problem With License Proliferation... (Score:1)
I wanted to burn my friend a copy of my RedHat 7.1 CDs, but I had to break a warning sticker when I first opened the 7.1 package, and there was a click-through EULA when I installed, so I'm assuming there's non-free stuff on there. I ended up *giving* him the CD's (I don't even know if THAT'S legal), Install Guide, even the receipt, and I swore allegiance to Debian GNU/Linux, and their "Use non-free software? [y][n]" during install. For me, as a user, the GPL is peace of mind. I don't have time to research the 2000 licenses out there, sorry. I know the GPL, I know the BSD, and I know the MS-proprietary licenses. I don't have time to learn the intricacies of all the other licenses, sorry. If you're close to GPL, I'll treat you like GPL. If you're like BSD, I'll treat you like BSD.
Multiple licenses are both a strength and a pain. What I mean by this, is that diversity is good, but it can interfere with order and progression if used improperly, or if it's diversity for diversity's sake. And *one* non-free piece of software on a distro can destroy the freedoms the others provide, if, for example, that license doesn't allow copying (can't legally burn my RedHat CD because of RealPlayer or whatever). And then we'll end up pirating stuff, just like we did when we were Windows users. And personally, I think that one reason Linux is superior *IS* the ethical factor built right in via the GPL. Ethical Software! Who woulda thunk it? Very cool.
What's With the GNU? (Score:1)
I know that a lot of people consider RMS's requests to not confuse Free Software and Open Source to be pedantic, and that confusion is possible because so much software is both Free and Open Source.
But, come on! When you're talking about the organizations themselves, there's really no excuse for mixing them up. If slashdot can't even get this basic stuff right, how can we expect the mainstream media not to screw it up?
May I suggest either an "Open Source" or a "Licensing" category.
If you're not careful, you'll be sorry when RMS starts using the term GNOSI/Linux.
Re:What's With the GNU? (Score:2)
-russ
Licensing licenses (postersubj lameness?) (Score:1)