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Live and let license

LinuxWorld.com 5/23/01

Joe Barr, LinuxWorld.com

If you're ever confused by, or mixed up the terms, "open source" and "free sofware," this is for you. It's a primer on the topic of what they are, how they are alike, and how they are different. So if you've heard of the GPL, but are not exactly sure what it is or what it does, this is for you. Armed with what you learn here, you will be much less vulnerable to the veritable barrage of FUD that the Redmondian Empire is hurling at the whole open source/free software world.

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Let's start at the top. Top down, that is. Just like structured analysis in the corporate geek-speak of the 80's. Let's talk first about open source. When you hear this term, do not think license. Think development methodology. Think of source code that is widely available. Source code that can be both viewed and changed by just about anyone who wants to bother. That is the essence of open source. It is "open" as opposed to "closed." It is not hidden away in a vault like the recipe for Coca Cola, or the source code for Windows Whatever.

Eric S. Raymond is probably the most eloquent spokesperson for the benefits that accrue to the users of open source software. His book "The Cathedral and The Bazaar" describes how open source development differs from the classic software development model. The Cathedral model, classic IT methodology, has a small team of folks with exclusive control over the code. The Bazaar model, describing the methodology used to develop Linux and other successful open source/free software projects. The source code is available to anyone who wants it, and a benevolent dictator -- Linus Torvalds in the case of Linux -- decides what actually gets added or changed.

Now let's talk about free software. When you hear this term, don't think development methodology, or price, think liberty. You may have heard the mantra "free as in speech, not free as in beer" used to explain free software. That's because the first thing people usually associate with free is its price. So when they hear the term free software they think "Oh, cool. It's not going to cost me anything." That may or may not be true, but it has nothing to do with what makes free software free. Here are four requirements that -- according to the Free Software Foundation -- determine whether or not software is free:

  1. Users are free to use the program for any purpose.
  2. Users are free to examine the source code to see how it works.
  3. Users are free to distribute the program to others.
  4. Users are free to improve the program.

If a license provides all those freedoms, the FSF considers the software covered by that license to be free software. The GPL is not the only license which meets these criteria, there are many others that do as well. Please note that the second and the fourth items require access to the source code. This means that free software must also be open source software. But the reverse is not true, and therein lies the FUD. There are many software licenses used with open source software which do not meet the four requirements, and therefore software covered by them is not considerered to be free software.

The Free Software Foundation is basically the brainchild of one man, Richard Stallman. Stallman is known for his strong, uncompromising ideology which views non-free software as repressive and free software as conducive to a better, more productive society. Many write him off as a madman, and in fact the rigidity of his beliefs lends itself to making him an easy target for the label. But madman or not, it is Stallman who singlehandedly has started and nurtured the revolution which is today turning the software industry upside down.

Stallman began the GNU (GNU’s Not UNIX) project in 1984 in order to create a free version of Unix that programmers and users could freely share with each other without concern about restrictive, proprietary licensing. He personally wrote some of the most popular and best known of the tools and utilities that are part of the GNU system. GCC, for example, the compiler that has built the code that runs the revolution. Stallman founded the Free Software Foundation (FSF) in 1985 as a "tax-exempt charity for software development." The FSF released the first version of the GPL (GNU Public License) in 1989. Version 2 of the GPL -- the current version -- was released in 1991. That was about the time that Linus Torvalds began working on the very early versions of the Linux kernel. Torvalds decided to use the GPL to protect beginning with the .12 release of the kernel.

The "open source" label wasn’t born until 1998, after Netscape announced that it was going to give away the source code for its browser. A group of leaders from the Internet free software community (meaning the people developing the software, not the FSF) met to try to make the notion of open source more palatable to the business community. Richard Stallman and the FSF eventually chose not to join the Open Source Initiative. There has been a rift between the two groups ever since.

The rift not only adds to the confusion, as Stallman points out at every opportunity that open source and free software are not the same, it provides a fault line for enemies of free software and enemies of both free software and open source, to attack. And attack they do, both from within and without the respective communities. Microsoft understands all of this, of course, and that is precisely why their FUD attacks the GPL specifically and open source generally.

Some people say that the GPL is the weakest link in the open source/free software world. I disagree competely. So does Microsoft. They wouldn’t waste so much time and effort attacking it if it were. The GPL is the strongest link in the chain, not the weakest. The GPL ensures its own longevity by requiring that all derivative works of GPLd software be licensed under the GPL if an when they become published. Often referred to as its "viral nature," the FSF refers to this protection as a "copyleft" instead of a copyright.

The following definition of copyleft is from the FSF web site:

"To copyleft a program, we first state that it is copyrighted; then we add distribution terms, which are a legal instrument that gives everyone the rights to use, modify, and redistribute the program’s code or any program derived from it but only if the distribution terms are unchanged. Thus, the code and the freedoms become legally inseparable."

Why does Microsoft care about these differences in open source Licenses? Well, they have made good use of code from the various BSD projects. Because the BSD licenses are not "copyleft" licenses, anyone is welcome to use their code and to "lock it up" behind their own closed, proprietary licenses. That is exactly what Microsoft and others have done. The GPL doesn't allow that. Calling it the weakest link in open source is like calling Shaq O'Neill the weakest link in the LA Lakers lineup.

In closing, I want to leave you with three things to remember about open source and free software:

  1. They are not the same thing. Open source implies a development methodology that is shared by both. Free software implies a license designed to ensure the four freedoms noted above.
  2. The division between the two is often bitterly contested, both from inside and outside the communities. The holiest of holy wars are not fought over word processors, operating systems, or compilers. They are all about software licenses.
  3. Live and let license. Those who write the code get to pick the license. If you don’t like it, tough. Always suspect the motive of anyone spending time and energy attacking the license used by someone else. They may not own up to having an agenda, but clearly they do.

Resources:

The Free Software Foundation
http://www.fsf.org

Open Source Initiative
http://www.opensource.org

Joe Barr is a contributing editor at LinuxWorld.com and a recovering programmer. In addition to writing the Version Control column for LinuxWorld.com, he writes for and maintains The Dweebspeak Primer. Visit Joe's Version Control discussion in the Linux Forum, hosted on ITworld.com.




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