Licensing by intent
Thursday, September 28th, 2006There’s a raging debate today between the FSF and the Linux kernel developpers due to the upcoming release of the GPL v3 and the refuse of most developpers, including Linus Torvalds, to use it.
It seems that there are many things both camps got wrong (you can read more on Luis Villa’s blog, here, here and here).
FOSS licensing starts to be a mess. Here we have 2 groups with radically different reasons to use the same license. I think that most of it comes to down to interpretation and intent. Linus chose the GPLv2 at the time because it was the one that matched best its intent: to force a source code contributor to give back. It’s mostly a protection for developpers. But the FSF sees the GPL as its tool to enforce long term software freedom. It’s mostly a protection for users. When the FSF fears new things might affect user’s freedom (e.g. DRM), they have to adapt the license. The developpers feel the user’s freedom (i.e. the use of the software) is decoupled from the developpers freedom. So they don’t have to follow the licensing change proposal.
That’s why I like the Creative Commons set of licenses: because you chose them by intent.
If only the world was not made of people trying to abuse every situation, or use any corner case of a somewhat obsolete document, we wouldn’t need complex licenses and laws and would only rely on intent. But today, depending on lawyers and legal munjo jumbo is the best approximation that works. Fortunately (by all meanings of the word) for the members of the Bar…