Tuesday, May 6th, 2008

The GPL and Principles

For the most part by the time I finished writing my last article on licensing I had mostly convinced myself that the GPL isn’t a practical license for most projects. That is, outcomes when using the GPL aren’t likely to be any better than outcomes using a permissive license, except for certain kinds of projects, mostly projects involving big faceless companies, and I’d just as soon avoid such projects anyway.

My own thinking on this has changed over the years in part because of a greater sense of humility about what I produce. I’m really not that worried about people stealing my work because I don’t think that theft would be of much value. But also because I realize that the value in software is not so much in the code as in the process. The process is what is valuable, particularly for open source, and licensing doesn’t really address issues of process.

As an example, if I’m uncomfortable with how some member of an open source community is using the code, or the community, I will be much more effective by dealing with that head-on, talking with that member, or even confronting them if it’s really necessary. If you give someone an unwelcoming attitude, they’ll probably go away. The license doesn’t need to be your gatekeeper. It’s not a particularly effective gatekeeper anyway.

Another change is perhaps a more reasonable valuation of code. There was a time when people wanted to protect their intellectual property. Even some non-software company might have gotten the idea that it should own the code it contracts someone else to write, under a proprietary license, so they could sell that software later. That anyone would care to buy it was always an illusion, but the illusion is a little more obvious these days.

One value of the GPL that I do want to acknowledge is its expression of values. It makes this explicit:

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.

To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.

But the GPL does more than just its text: adopting the GPL is a statement of principle on the part of the original authors, of the people who adopt the project, and of the people who later help maintain the project. It is a statement that freedom is valued and that it is valued in a universal sense, not just in a personal or isolated sense.

This is implicit, not explicit, in the choice of license, but despite that I see this pattern in projects. Projects that choose the GPL are more likely to engender a spirit of openness and sharing. Not of the core project itself — both GPL and permissively licensed projects accomplish this just fine so long as they are properly maintained, and their success is far more related to how the project is managed than the licensing. But I see the difference in the sofware that grows up around the project: extensions, complementary projects, documentation.

Maybe this is because of licensing. The license filters the community, and the people who are left in a GPL project are all at least open to sharing. But more than that, I think it puts people in the right state of mind to share. The project feels more principled, the participation is based less on pragmatism and more on optimism. And there’s always people coming into open source who haven’t really figured out why or what they want to get out of it. Presenting them with the principles of Free Software influences their decision. (This issue has caused some debate about terminology.)

With all that said, you don’t need the GPL to present the principles of a project. It’s certainly the easiest way to do so. The GPL is shorthand for a rich set of principles and ideals. But it’s shorthand for people who are already in the know. The ideas need to be reiterated and explained and reconsidered to stay relevant. I think a project might do more good with an explicit statement of principles. With that in place the licensing might not matter so much.

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