The Basics of Navigating FLOSS Licenses

Bradley M. Kuhn

Thursday 28 March 2013

Who Am I?

• President and Executive Director of Software Freedom Conservancy.

• A 501(c)(3) not-for-profit charity dedicated to promoting, advancing, defending, and developing Free, Libre and Open Source Software.

• I used to be software developer.

• I was Executive Director (2001–2005) of the Free Software Foundation (creator of GPL)
  • I’m still on FSF’s Board of Directors as a volunteer.

Ye Ol’ Four Freedoms

• to use.

• to learn and modify for yourself.

• to copy and share.

• to modify and share modified versions.

Why Do We Need Licenses?

• None of those freedoms happen by default.

• Software is governed by copyright …
  • … since it’s expression fixed in a tangible medium.

• only way to give those freedoms is to give a license.

What Free Software License Does?

• Copyright on software governs three basic activities:
  • copying, modifying and distributing.

• By default, you’re prohibited from doing those things.

• A license is:
  • a document that gives you permissions …
  • … that you otherwise wouldn’t have.
• Free software license, first and foremost:
  • assert recipient’s to copy, share, modify and redistribute the software.

Does/Should a License Do More?

• Ultimately depends on the authors’ goal.
  • More on this in a moment.

• Every Free Software license gives first recipient those four freedoms.

• Question is: What about everyone else?

Basics of Copyleft Licensing

• Concept: share and share alike.

• Accomplished via copyright requirements:
  • distribution accompanied with complete, corresponding source.
  • distribution of modified versions need same (with changes).
• Generally triggered on distribution:
  • (Note: Affero GPL triggers on modification.)

Comparing Licenses

Contribution Models

• Both permissive and copyleft communities want changes back.

• The Free Software Community is separated into two equally important groups:
  • The permissively licensed, who use social pressure to liberate code.
  • The copyleft licensed, whose license requires liberation.

On Requirement By License

• Social pressure does work …
  • … and should be used (and is), even for copylefted software.
  • … license enforcement is a last resort.
• GPL == Constitution of Software Freedom Land.
  • a “written down” embodiment of core principles.
• GPL’s a detailed implementation of the four freedoms:
  • freedom to run and study.
  • freedom to improve.
  • freedom to share.
  • freedom to share improvements.

The “More Free” Argument

• Permissive license communities argue they give “more freedom”
  • This is a ultimately a Libertarian argument.
  • Businesses are “free” to do whatever they want.
  • Dispute is not unlike “role of government” debates.
• Such debates are not ultimately helpful.

How Do you Select a License?

• Use one that is both on the FSF’s and OSI’s lists.

• Please don’t try to write your own.
  • Particularly if corporate attorneys are involved.

• If you’re giving to a contribution to a project, use the license already selected by the project.

More Info / Talk License

• URLs / Social Networking / Email:
  • Conservancy: sfconservancy.org & @conservancy
  • Me: faif.us, ebb.org/bkuhn & @bkuhn (identi.ca only)
  • Slides at: ebb.org/bkuhn/talks & gitorious.org/bkuhn/talks (source)
  • Please donate: sfconservancy.org/donate/