Home Page
02.14.2006 (previous | next)
GPLv3 as a Control Device

Linus Torvalds explains why he is inclined to stick with version 2 of the GPL rather than adopt the draft of version 3 that has been proposed:

My initial reason for my original license (which was also "you must make changes available under the same license") was not crusading, but simple reciprocity. I give out source code - you can use it if you reciprocate.

In other words, to me, the GPL "give back source" is an issue of fairness. I don't ask for anything more than I give. I ask for source code and the ability to incorporate your changes back into _my_ use, but I don't want to limit _your_ use in any way.

So in my worldview - not as a crusader - the GPLv2 is _fair_. It asks others to give back exactly what I myself offer: the source code to play with. I don't ask for control over their other projects (be they hardware or software), and I don't ask for control over copyrights (in the kernel, people are _encouraged_ to keep their copyrights, rather than signing them over to me).

I only ask for exact reciprocity of what I give: the license for me to freely use the changes to source code that I initiated.

The GPLv3 fundamentally changes that balance, in my opinion. It asks for more than it gives. It no longer asks for just source back, it asks for _control_ over whatever system you used the source in.

This is a good assessment -- v3 is not a license within an existing system of intellectual property but an attempt to create a new system. In weird way, it is like legislation, and it comes complete with legislative history in the form of explanations, FAQs, and other devices associated with laws rather than contracts.

posted by James DeLong @ 6:03 PM | Software

Link to this Entry | Printer-Friendly | Email a Comment | Post a Comment(0)









 
IPcentral WebLog

Blog Main

IPcentral Blogosphere Archives

Search the Blog

Recent Posts
  - IP and Marginal Cost
- Academics and Copyright
- More on Jammie Thomas from DOJ
- More Studies of Downloading
- Facebook, MySpace, and Network Externalities
- Copyright and the University: An Academic Symposium
- Tyler Cowan on Chinese Movie Piracy
- More WHO Antics--Roger Bate Reports
- Patents, Meds, and the Developing World: Clips & Links
- Jermaine Dupri's Gripe with iTunes
Archives by Month
  - December 2007
- November 2007
- October 2007
- September 2007
  - (see all)
Archives by Subject
  - Academia
- Access: Commons, Fair Use, Orphan Works, Public Domain
- Accounting
- Analog Holes
- Antitrust
- Art
- Aspen
- Big Tent
- Biotech
- Books
- Comments from Readers
- Counterfeit
- Digital Americas
- Digital Europe
- Digital Europe 2006
- DMCA
- DRM & Watermarks, etc.
- Economics, Game Theory & Public Choice
- Enforcement & Remedies
- Free Culture Movement
- Games
- General
- Infrastructure
- International
- Internet: P2P, Search Engines...
- Legislation and Legislators
- Liberty and IP
- Markets: Business, Investment & Innovation
- Media: Video, Music...
- Patents
- Pharma
- Physical Property
- Prices, Terms, and Licensing
- Privacy and Security
- Radio
- Software
- Spectrum & Wireless
- Standards
- Supreme Court
- Tax-Funded IP
- Telecom
- Theft of Service
- Universities
Links
 

Site Feed

  - Atom
- RSS 1.0
- RSS 2.0
We welcome comments by email - look for a link to the author's email address in the byline of each post. Please let us know if we may publish your remarks.


 
Home Page