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license diversity

akrowne has previously made it clear that he doesn't like a GNU-only version of free-as-in-freedom, and, overall, I agree with this point of view.

Not wanting to start a flamewar – I would like to have some discussion about the pros and cons of various licenses.

To get this started, my preference for my own work is to use the GPL or the FDL for things I want to get feedback on. If someone improves my GPL or FDL work, I'm reasonably sure I'll get wind of it, and stand to learn something. I'm also attracted by the public domain for things that I am not interested in tracking. In terms of "politically motivated" sentiments (capitalist overthrow, social justice, and whatnot), I think that the public domain has at least as much potential as the GPL domain, but the latter is more convenient for the short term. (These remarks only really apply to codebases and codegenerators of significant quality and usefulness; for other things, the license may not be all that important.)

BUT - there are plenty of other licenses (including BSD and Creative Commons) that I don't really understand at all. Maybe others can say what they think the pros and cons of these licenses are, and give some other feedback on the GNU licenses.

Three Issues

Here are three issues which might be worth considering with respect to free license agreements:

Compatibility

While the aim of free licenses is to make a work freely available and keep it free, unfortunately different free licenses can conflict with each other and thereby unintentionally work against the goal they were designed for. A good example is the creative commons license which states "you may distribute the resulting work only under a license identical to this one". If a math book were released under such a license, we would not be able to use it for PM or HDM because those projects are released under the GNU license, not the Creative Commons license.

I feel this is unfortunate considering that both the GNU license and the Creative Commons license were drafted with the same ends in mind. Moreover, this problem could be avoided rather easily with some forethought. Instead of "license identical to this one", one could say "license which grants the public the following rights:" and list the rights which the license allows. This would convey the same intent as the original license (unless whoever wrote it was perverse enough to think that everyone should only use that particular license and no other) while allowing reuse under other licenses (such as GNU licenses) which have the same aim even if they are worded differently and include slightly different provisions.

Comments

I agree with your motivation here, and in these comments, I'm going to talk about how various distinct licenses that share similar ends could be made compatible.

But I'll also talk about some of the challenges associated with trying to make two licenses compatible, and why it seems, at least at first, that maybe even wery similar licenses can't be made compatible.

Some "rights" read as "if…then" statements – including the copyleft clause, that basically says "if you want to redistribute a modified version, then you can, but you must do certain things, like provide source code and make this offer, subject to the same demand, to all subsequent down-stream users, and furthermore, you must also impose no additional demands on down-stream users."

Clearly, one can word this as a list of granted rights: "you have these rights…" where each right is an ordered pair of actions and conditions on those actions (so, really, just a fancifed action).

But if the allowed actions all demand the release of the code under the same license (in particular, release with all the same rights, and no other conditions), then it seems like we can't really avoid license lock-in, even from licenses that are very similar in spirit. The only conceivable ways for two different licenses like this to be mutually compatible is for them to either be semantically equivalent, or for each to explicitly allow for relicensing under the other - which, really just means that they are one license (a hypertextual license, if you wish).

Since it is somewhat unlikely that two distinct licenses would be semantically equivalent, even if very similar in motivation, I don't think that case will come up much. The only remaining option (at least of the ones I've noticed so far) is for the similar licenses to "assimilate" one another by explicitly allowing relicensing. One might can imagine that while, not impossible, there are some challenges, including egos but also some fairly substantial differences even in similarly-spirited licenses.

I can't imagine the GPL or FDL ever saying "or you can just use the creative commons by-sa license instead" because that license doesn't include the stuff about source code! Similarly, I have a somewhat hard time imagining a future version of the CC by-sa license saying "or you can just use one of the GNU licenses instead" – although I think that is somewhat more believable, since the GNU licenses include all the restrictions of the CC by-sa license (and more). But still, I can imagine that some CC people might not like this change, or would not want to include that GNU-friendly clause, because they don't like the idea of downstream users adding more requirements.

(But BSD is GPL-compatible and not too different from the CC by-sa license, so maybe CC by-sa is actually GPL-compatible already?)

In general, it seems like moving from a "less restrictive" to a "more restrictive" license should work (assuming less and more are taken in the sense of inclusion). But in some cases, it isn't 100% clear (at least to me) when a given pair of licenses actually bears this relationship to one another. --jcorneli Thu May 12 17:45:55 2005 UTC

Avoiding Red Tape

In crafting provisions to ensure freedom of use and reuse, there is the possibility that the conditions one imposes on users can become burdensome and even discourage people from using a certain work because doing so would mean having to jump through various bureaucratic hoops.

Sunset Clauses

(I will finish this tomorrow or so.) --rspuzio


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