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Open Sources | Rodrigues & Urlocker » Infectious licensing: helpful or hurtful?

November 18, 2005 | Comments: (0)

Infectious licensing: helpful or hurtful?

Despite the title, Greg Vetter's paper on open source licenses [PDF] ("'Infectious' Open Source Software: Spreading Incentives or Promoting Resistance") has less to do with a rigorous analysis of the pros and cons of infectious licenses, and much more to do with an explication of what, exactly, the GPL/LGPL mean. Vetter does a great job on this and should be a required read if you're hazy on open source licensing.

Vetter does, however, make a claim that interoperability should trump infection in open source licensing:

Some estimate that infectious terms promote open source software growth by supporting community development norms and preventing proprietary poaching of the software, or converting proprietary software to open source. Even if some of these viably benefit open source, my analysis is skeptical that infectious terms, on balance, have beneficial effects. They adversely increase legal uncertainty for open source licenses and produce incentives detrimental to interoperability, compatibility, and coexistence between open and closed source software. As a result, open source licensing should precisely define infectious terms in order to support open source development without countervailing effects and misaligned incentives. (58-59. Footnote references omitted.)
I agree. Once you move out of operating system land, it becomes increasingly important to clearly delineate how different software can interoperate with yours.

Indeed, it is the operating system (or rather, the Linux kernel) that most clearly exemplifies this. Linus Torvalds (in The Linux Edge, page 108) identifies his decision on linking (allowing programs to make normal system calls into Linux without being GPL-infected) as one of the most important non-technical decisions to contribute to Linux's success. (See Vetter 114, as well as 158-159.)

While we live in a heterogeneous software world (and I assume we will for some time, and probably forever), it's important that one's license reflects this heterogeneity. This is why, for example, Alfresco opted for the MPL (Mozilla Public License) rather than the GPL. We wanted a more clearly written license that "infects" individual files, and not the "whole" of a program (as the GPL does). As Alfresco is both an application and a platform, this was critical for us - we wanted to maximize third-party integration into Alfresco.

I believe there are excellent reasons to use the GPL (as I've argued), but easy embeddability into other applications is not one of them. Consider MySQL. A large percentage of its revenue derives from those who want to embed the MySQL database into their applications...and so pay MySQL (under its dual-license scheme) to get a non-GPL license to the code.

Does this mean MySQL (and Alfresco, and Sugar, and...) is not open source? Of course not. No less so than Linux. What it means is that such companies recognize, like Vetter, that the road to open source is not through force/compulsion but rather through interoperability.

Posted by Matt Asay on November 18, 2005 04:14 PM


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This is a non issue. It is about freedom of choice.

It is the copyright holders choice to license out code under GPL or LGPL. What GPL and LGPL do for the copyright holder is to require that any any improvements to code licensed out under GPL or LGPL is made available to the original copyright holder and others who wish to improve it. This gives protection to the author, by preventing someone else taking the author's work improving it and then using the improved work to put the author out of business. With GPL and LGPL, any improvemenmts made by others will be available to you also. BSD is problematic in this respect and so is not as popular among copyright holders.

GPL and LGPL allows copyright holders to release software under multiple licenses. GPL or LGPL for those who want it under GPL or LGPL, and under propeietary terms under those who want it proprietary.

If you need to license software under another terms other than those offered by the copyright holder of the code concerned then you need to reach an agreement with the copyright holder to license it to you under these other terms. Many copyright holders make money by dual licensing - eg Trolltech with the QT libraries used in the KDE desktop, and MySQL. It is down to the copyright holder. You can't force MySQL to license under the BSD license if they don't want to any more than you can force Microsoft to license Windows or MS Office under BSD license.

As for the title of the piece, it is never necessary to license GPL code for interoperability. The method is not protected by the copyright. If you want, you can look through the code to find the method, and write your own code from scratch using the same method and license it under a proprietary license if you want. You can talk to the copyright holder and ask for a license as you would with proprietary code, but as with proprietary code, you can't copy it without a valid license.

You do have a major point though. The problem for interoperability is not GPL, LGPL or copyright, but patents. These protect the method, and therefore can prevent interoperability. What you/Vetter should be saying is that interopeability should trump parents.

Posted by: SPM at November 22, 2005 07:07 AM

"Does this mean MySQL (and Alfresco, and Sugar, and...) is not open source? Of course not. No less so than Linux. What it means is that such companies recognize, like Vetter, that the road to open source is not through force/compulsion but rather through interoperability."

I would say quite the reverse. As the copyright holders, MySQL and people using similar strategies can dual-license. For commercial purposes, that gives them the best of both worlds. Having the programs out under an open source license creates a general universe of users and a general realization that there is something there that would be worth embedding. But if it were not GPL, they wouldn't pay MySQL for its use--the compulsion of the GPL is what MySQL depends on to make people who would use the code for closed purposes to come to MySQL and pay rather than simply appropriating the code. Arguably it's also what ensures that the original, open source version remains the primary one.

Posted by: Rufus Polson at November 22, 2005 12:32 PM

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