open-source licensing

Stallman: GPL doesn't guarantee software freedom

The freedom to fork is the essential right of open-source software. Until Oracle's attempted acquisition of Sun/MySQL, however, few realized just how important it would be to retain the right to fork one's own code.

After all, just because you have the letter-of-the-law right to fork doesn't mean you have a meaningful ability to do so. So long as you're not the primary copyright holder, you're always going to be second place, with second-place commercial opportunities in the software.

MySQL co-founder Monty Widenius hints at this in his letter to the European Commission, citing … Read more

GPL 2 adoption falls among open-source set

The GPL version 2 has been in decline for some time, and has just dipped below a 50 percent adoption rate among open-source projects, according to new data released by Black Duck Software.

While some of this decline may be due to GPL version 3's increased adoption, at least some may derive from growing commercial interest in Apache-style licensing.

One of the best indications of this shift is Red Hat's decision to license the JBoss HornetQ project under an Apache license, rather than the Lesser General Public License, to which it had previously defaulted.

Having said that, it'… Read more

Open by default, but subject to interpretation

Red Hat marketing guru Chris Grams posits a simple but powerful key to Red Hat's strategy: default to open. It's not new to Red Hat--Tim O'Reilly's analogue is the "architecture of participation"--but it has apparently influenced everything from product design to office layouts at Red Hat.

In a nutshell, it means:

...[R]ather than starting from a point where you choose what to share, you start from a point where you chose what not to share.

You begin sharing by default.

It's a good principle for any company, open or not. It'… Read more

Apache and the future of open-source licensing

If most developers contribute to open-source projects because they want to, rather than because they're forced to, why do we have the GNU General Public License?

That's the question that hit me last night as I tried to sleep in the shadow of Richard Stallman's MIT. Stallman, of course, originated the GPL, a brilliant way to turn copyright on its head in order to force software to remain open.

But in the process, did Stallman simply create an alternative way to release proprietary software?

I'm not trying to be cute here. Think about it. If you … Read more

Open source gets its first legal journal

As a law student doing my thesis on open-source licensing (PDF), it was nearly impossible to find any substantive legal papers on the topic. In fact, the only one I can remember is Ira Heffan's excellent "Copyleft: Licensing Collaborative Works in the Digital Age" from Stanford Law Review in 1997.

This week, in a sign of just how far open source has come in the past decade, the International Free and Open Source Software Law Review (IFOSSLR) was launched, aiming to "bring the highest standards to bear in analysis and comment on all aspects of Free … Read more

GPL declines as open source moves to the Web

The GNU General Public License (GPL) used to dominate open-source licensing, but its hold appears to be slipping according to new research from Black Duck Software. While GPLv3 has seen a 400-percent increase in adoption, and though the GPL and its variants still claim over 65 percent of all open-source projects, Black Duck reports a 5 percent decline in GPL adoption.

This drop makes sense, given the GPL's decreasing relevance to the modern world of network-delivered software and the increasing value of data over software.

ZDNet's Dana Blankenhorn points out that there are no clear replacements arising for … Read more

Microsoft beating Mozilla...in open-source licensing

Microsoft's Internet Explorer continues to hemorrhage market share to Mozilla's open-source Firefox browser. But Microsoft is set to surpass Mozilla in one area: adoption of its open-source Microsoft Public License (MS-PL), according to research from Black Duck Software.

The MS-PL is now used by 1.02 percent of open-source projects. This is impressive given that it was only approved by the Open Source Initiative some two years ago. The Mozilla Public License (MPL), by contrast, has been around for many more years and is used by 1.25 percent of open-source projects, ranking ninth in terms of popularity. … Read more

Apache better than GPL for open-source business?

I have spent years advocating the GNU General Public License as the optimal open-source license for commercial open source.

Roughly nine years after I first became a fan of the GPL, I think I've been wrong.

My admiration for the GPL mostly stemmed from its ability to mimic, but then invert, proprietary licensing. The GPL is like opening a cannister of radioactive waste: while your competitors can touch it, you're dead certain that they won't.

Given that openness is increasingly a winning business model--if not the winning business model, as Red Hat executive Michael Tiemann argues--one … Read more

Why open-source licensing still matters

The Open Knowledge Foundation blog provides some excellent reasons to take open-source licenses seriously, especially for data on the Web, but these struck me hardest:

Together, a definition of openness, plus a set of conformant licenses, deliver clarity and simplicity. Not only is interoperability ensured, but people can know at a glance, and without having to go through a whole lot of legalese, what they are free to do...Thus, licensing and definitions are important, even though they are only a small part of the overall picture.

If we get them wrong, they will keep on getting in the way … Read more