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Date:      Mon, 22 Feb 1999 19:34:47 -0800
From:      "Jordan K. Hubbard" <jkh@zippy.cdrom.com>
To:        Brett Glass <brett@lariat.org>
Cc:        Licia <licia@o-o.org>, freebsd-chat@FreeBSD.ORG
Subject:   Re: reviewers for a free software license 
Message-ID:  <62287.919740887@zippy.cdrom.com>
In-Reply-To: Your message of "Mon, 22 Feb 1999 19:36:58 MST." <4.1.19990222193349.03fc1ba0@mail.lariat.org> 

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> Can you write a <100-word license that does all of these things and
> is also incompatible with the GPL? After recent exchanges in several

Bleah, I thought I'd already made it clear that such is not my aim.
I'm not looking for a poison pill, I'm looking for a simple license
that anyone can use.  The GPL as a collection of bits describing a
licensing methodology is essentially irrelevant, when you actually
stop to think about it, since it's only when people USE the GPL that
the issues described therein actually become pertinent.  If you want
to have people stop using the GPL then it will be because you have a
BETTER license that is more ATTRACTIVE than the GPL, not because you
set out poisoned traps to eliminate any GPL people who might wander in
your direction.

To put it another way, it is precisely the GPL's higher degree of
attractiveness when compared to other commercial shrink-wrap licenses
that leads people to apply it to their code.  Most young and
idealistic programmers just starting out in the free software biz cast
around for a license to use and generally pick the GPL simply because
it happens to be rather prominently stuck onto EMACS or GCC or some
other piece of software they're familiar with.  They don't read it all
that carefully and I was one of those young and idealistic programmers
MYSELF just 20 years ago, slapping the GPL on things because it seemed
righteous and in strong opposition to the forces of proprietary evil.

Later in life, I learned to see more subtle forms of coercion for what
they were and gravitated towards the public domain, which seemed the
most ethical of all software licenses.  Unfortunately, PD doesn't
disclaim liability or handle a number of other things which are
reasonably important and so I moved on in turn to the BSD / X
Consortium style licenses, both of which have been very successful
*just as they are* but are unfortunately also not as well known.
The problem of the BSD license vs the GPL is much the same as the
problem of FreeBSD vs Linux.  In many arguable ways it's a superior
way to go, but it's also poorly "marketed" and that's the greatest
area of weakness to be addressed, not the fundamental technology or
the wording of the licenses.  They are just fine the way they are and
comprise our greatest asset in winning people over, not through force
but through simply being BETTER.

The minute you try and "prevent" anything, you've lost the moral high
ground and you're right down there with RMS, trying to use the license
agreement as a mechanism for advancing a specific, limited agenda
rather than a much larger, omnidirectional one.

- Jordan


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