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












