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Open-source Licensing: BSD or GPL?

Posted by CowboyNeal on Fri Jul 08, 2005 12:07 AM
from the six-on-one-hand dept.
BSDForums.org writes "Mark Brewer of Covalent Technologies argues BSD is better for the enterprise. As open source licensing models, both the Berkeley Software Distribution license and the General Public License have advantages and disadvantages. But in the end, the BSD offers more benefits to enterprise customers. Matt Asay of Novell makes the case for GPL. He says, no one open source license is ideal in every circumstance. Different licenses serve different ends. Berkeley Software Distribution-style licenses have been used to govern the development of exceptional open source projects such as Apache. Clearly, BSD has its strengths. However, all things being equal, he prefers the General Public License (GPL ). The GPL is one of the most exciting, innovative capitalist tools ever created. The GPL breaks down walls between vendors and customers while enabling strong competitive differentiation. Which is a better licensing model for open-source applications: BSD or GPL? What do you think?"
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  • And he is right too. (Score:5, Insightful)

    by Anonymous Coward on Friday July 08 2005, @12:11AM (#13011197)
    The GPL license is perfect for developers.

    The BSD license is perfect for everybody else.
  • by Fox_1 (128616) on Friday July 08 2005, @12:12AM (#13011204)
    I swear to god my jaw dropped when I read the article summary, at first I was excited by the idea of some differing views being presented on the different license models, but then I hit the last line
    "Which is a better licensing model for open-source applications: BSD or GPL? What do you think?"
    Please for the love of god remember the children when you post.
      • Re:Licensing genes. (Score:5, Funny)

        by Fox_1 (128616) on Friday July 08 2005, @01:26AM (#13011502)
        "Please for the love of god remember the children when you post."

        So should we license our children under the BSD license, or the GPL one?


        Really depends on the source I think. My fiance doesn't let me share my source anymore, and I certainly don't contribute it back to the tree, shudder.
        [ Parent ]
  • Which is better? (Score:5, Funny)

    by Anonymous Coward on Friday July 08 2005, @12:12AM (#13011207)
    I wish to edit my open source license files. Which is a better editor for this purpose, Emacs or Vi?
  • All depends on what you want. (Score:5, Informative)

    by jon787 (512497) <jon787&myrealbox,com> on Friday July 08 2005, @12:15AM (#13011215) Homepage Journal

    The purpose of the GPL is to ensure that the code will always be open.

    The purpose of the BSD license is to ensure the authors are given proper credit, not necessarily to keep the code open.
  • BTW (Score:4, Informative)

    Furthermore, software containing embedded GPL-based code must be licensed under the GPL.

    This is incorrect. The GPL does not require that derivitive works be GPLed. The key is that the restrictions placed on derivitive works (you must give up the source code and exclusive rights to redistribution) makes the resulting code effectively like the GPL. You can still use some other license for the derivitive code, and once you stop redistributing you can stop giving out the source code. Plus, nothing prevents you (as the copyright holder) from reusing the source that is yours in a non-GPL-derived product.

    Clear as mud? Good.
  • GPL helps programmers get paid (Score:5, Interesting)

    by Bruce Perens (3872) <.moc.snerep. .ta. .ecurb.> on Friday July 08 2005, @12:17AM (#13011226) Homepage Journal
    When I do programming for myself, with my own money, I do it under the GPL. That way, I can share my software, and if someone doesn't want to share they can pay for a commercial license. When a customer pays me to do BSD-licensed software, I do it happily.

    The BSD license is great if you are a big company and lots of little folks like me are contributing BSD software that you can use in any proprietary way you wish. But it's not so great for those little people, because they are functioning as sort of unpaid employees. GPL gives the whole situation a balance.

    If you take the range of GPL, LGPL or GPL + exception, and BSD, you have a range of licenses for essentially any business purpose. Each has their strong and weak points.

    Bruce

      • Re:GPL helps programmers get paid (Score:5, Informative)

        by unapersson (38207) on Friday July 08 2005, @02:35AM (#13011702) Homepage
        "I would say that this is a great *problem* of the GPL. It's very easy in an open project to get spread, diluted copyright ownership. With the GPL, relicensing to a commercial customer can become impossible."

        That really depends on whether or not you just accept random patches, or if you're planning to license the code commercially, whether you require copyright assignment to you before applying those patches.

        [ Parent ]
  • I vote BSD style (but LGPL's ok)... (Score:4, Insightful)

    by qaffle (264280) on Friday July 08 2005, @12:21AM (#13011246)
    I work for a government lab that develops both free software and private software (specifically when under contract with private companies) and we have to deal with this issue constantly. We try our best to not reinvent the wheel and to use pre-existing libraries that are out there, but sometimes you find a perfectly fitting library only to find its GPL'd, which kills any possibility of using it since not all of the work a company like ours can do is able to have a GPL style license.

    It is not logical to expect (IMO) that a company contracting another company is always going to want (or be willing to accept) a GPL style license, so GPL'ing something limits its use in corporate sectors (again IMO).

    Now many times if you go and ask the library authors' they'll grant special permission especially in a case like this, but it's a hastle to work with. And you can argue that you should fight for free software all over, but it doesn't make business sense in every case, especially when your company is not in the business of providing support.

    Also the LGPL solves this sort of issue to some extent, but I'd say the LGPL is more BSD then GPL, but that's a bit of an overstatement...

    • by AuMatar (183847) on Friday July 08 2005, @12:55AM (#13011399)
      You see, as a GPL developer, thats exactly the reason why I only use GPL. You want to be able to take my work and sell it. Ok, thats fine. You want to be able to do so while not contributing back and improving the software for the rest of the users- you want all the benefits of open source with none of the responsibilities. Thats not cool.

      My goal in life is not to be your free development resource. My goal is to produce software to help my fellow man. If your company can benefit too, thats a bonus. But if you aren't willing to do the same thing, then you can pay for my work to replicated on your own dollar. You can't have it both ways. Pay me in code, or pay me (or other developers) to do it in cash. But you will pay for the use of it in another project.
      [ Parent ]
  • Depends on where you are (Score:4, Insightful)

    by Todd Knarr (15451) on Friday July 08 2005, @12:28AM (#13011281) Homepage

    The BSD license offers more advantages to companies looking to sell software derived from existing software. They can take BSD-licensed code, do what they wish with it and treat the results as their own proprietary code.

    The GPL license offers advantages to end-users long-term. Anyone wanting to take advantage of the starting point GPL'd software offers has to return the favor in the form of their code. Essentially it makes developers let other people take advantage of their work in the same way they took advantage of others' work. It also guarantees that, as an end-user, you're never in a position where you can't get fixes and modifications to the software.

    Which one is better for you as the author of the software who has to decide on the license to release it under depends on your goals for the software.

  • by Kaz Kylheku (1484) on Friday July 08 2005, @12:31AM (#13011294) Homepage
    An enterprise can always approach the author of a GPLed software component and license it. Then they can do whatever they want, according to the alternate license, like shipping binaries with no source. He would be a fool who would not take money from someone who wants to ship proprietary binaries containing his program or library, under alternate licensing!

    But, if there are are too many joint authors, that's a problem. It may be impractical to get everyone to agree to set up the alternate licensing.

    If all the authors have assigned their copyright to some organization that is politically against proprietary software, that's also a problem for you. (That's why those FSF people want copyright assignment. They know too damn well that the GPL by itself isn't enough!)

    These aren't inherent problems with the GPL, though, only with the specific situation involving the GPL.

    Under the right conditions, when there are only a few authors or maybe just one, the key difference between the GPL and BSD is that you have to obtain permission from the authors of the GPLed program for proprietary use. When you do that, you have a bit of advantage too, because that program remains non-free to your competition. If they want the technology, they have to approach those authors and buy it separately from you. Heck, you could even buy the complete, exclusive rights to the GPLed program. Afterward, none of your competitors could make proprietary use of the technology, only the uses permitted by the GPL'ed public releases (which you can continue to make, as the new owner!) So you see, it's pretty damn smart to write GPLed software: you leave yourself open as a nice acquisition target for someone who wants the technology.

    That's what kind of makes the BSD license stupid; the authors have just given away the permission to everyone to do anything. It's a good license to put on the smallest possible piece of code that will make a name for you as a great hacker and help you secure future contracts. It's also good for your reference implementation of some spec that you are trying to push onto everyone else, whether it be a data format, protocol, or what have you. Otherwise you're just doing free work for some software venture capitalist, which is stupid. I mean, if you want to help people, go spend time with sick children or something. Doh!

    • by Sheepdot (211478) on Friday July 08 2005, @01:03AM (#13011437) Journal
      Otherwise you're just doing free work for some software venture capitalist, which is stupid. I mean, if you want to help people, go spend time with sick children or something.

      Apparently there are some mods who only read half of the comments.

      So I suppose the Apache Foundation should just give up the work they've done? I suppose name-recognition for a popular BSD project isn't enough for you?

      If anything, licensing under BSD instead of the GPL is the most selfless act a software developer can make. It means they are coding for the love of coding, not because of a political or philosophical agenda. Is there something wrong with that?

      Likewise, is there something wrong with working for Habitat for Humanity, the Peace Corps, and The Hunger Project?
      [ Parent ]
  • FSF's stance on linking (Score:4, Interesting)

    by crankyspice (63953) on Friday July 08 2005, @12:32AM (#13011296)

    My biggest problem with the GPL is the FSF's position that even dynamically linking against a library under GPL is enough to make the resulting code a derivative work (and thus also subject to the GPL). The BSD license affords much more flexibility. The LGPL is also not so encumbered. (http://www.fsf.org/licensing/licenses/lgpl.html [fsf.org])

    Note also that the FSF's interpretation may not be binding, but it hasn't been tested in court (that I'm aware of, and I recently attended a symposium on this very topic). So, in my mind, it creates an unacceptable exposure for anyone who wants to develop software but not adopt the GPL. The BSD license is substantially safer.

    More discussion on this point: http://www.oslawblog.com/2005/01/static-linking-gp l-and-lgpl.html [oslawblog.com]

  • by alanw (1822) * <alan@wylie.me.uk> on Friday July 08 2005, @01:34AM (#13011524) Homepage
    Around Y2K, I worked for a company called Cyrano.com. It produced testing
    software. We had done very well in the run-up to Y2K - lots of people wanted
    to perform regression testing on their database applications. We were a small
    company - much smaller than e.g. Rational.com (Now borged by IBM), but felt
    that we had a good product. The management decided that the best way to help convince
    customers to buy our product, in the face of arguments that Cyrano might not
    be around in a couple of years time, was to open source the code. In these
    circumstances, the obvious license to choose is the GPL: it ensures that
    the company benefits from any changes anyone else makes.

    I spent a very long time going through the files, adding the appropriate
    header comments, and removing any comments naming individuals, especially
    individuals who were no longer with the company, before setting up the
    project at SourceForge: http://opensta.sourceforge.net/ [sourceforge.net]. There were
    also OpenSTA.com and .org domains set up. The project is still running, and
    I believe that several ex-employees, made redundant after the company went
    tits-up, are now self-employed and using the application.

    At the very least, open-sourcing the project meant that the codebase was not
    lost when the company folded.
  • GPL is the worst of both worlds (Score:5, Insightful)

    by Skuto (171945) on Friday July 08 2005, @02:27AM (#13011681) Homepage
    TROLL

    Because:

    1) It offers *zero* real protection, *especially* for *small developers* with no legal team to back them up.

    2) For people that *are* honest, it causes a hell of a lot of interworking problems.

    These are quite simply the facts, regardless of all the religious beliefs that are continously being flaunted above by misguided GPL zealots.

    END TROLL

    I marked this as a troll because that is how most people will percieve it. Nevertheless it's the truth.
    • Re:Danger Will Robinson, Danger! (Score:4, Interesting)

      I've seen a bunch of projects that chose to go with the BSD style licence and it's bit them in the ass. People are using their code left and right, but hardly anyone is contributing back since they don't have to. Eric S. Raymond argued recently that we don't need the GPL anymore because OS is a better model, but the problem is human nature... As long as there are human beings involved, there's going to be people taking advantage of you...it's pessemistic, sure...but it true. The GPL is the only reason most projects, including Linux have come as far as they have. Is the GPL too strict? Maybe....but BSD is clearly too loose.
      [ Parent ]
      • I'm certainly not arguing your point (although one needs to expect users to exercise their licensing rights to the fullest extent), I'm only arguing that businesses and developers have differing goals.

        Where the BSD license really shines is in areas like the Apache project. Businesses donate to the project so that they don't have to reinvent the wheel every other day. They are then free to take the resulting work and bury it deeply inside the code where they don't worry about it any longer.

        In the case of GPLed code, a business must make an up front decision to accept the change in business procedures that the GPL requires. This is good for GPL developers because they see a return on their work other than money. It's bad for a business because it may invalidate their business model. (i.e. How they make money.)

        As with all things, everyone has to meet in the middle on this stuff.
        [ Parent ]
      • Re:Danger Will Robinson, Danger! (Score:5, Insightful)

        by Scarblac (122480) <slashdot@gerlich.nl> on Friday July 08 2005, @02:36AM (#13011707) Homepage

        I've seen a bunch of projects that chose to go with the BSD style licence and it's bit them in the ass. People are using their code left and right, but hardly anyone is contributing back since they don't have to. [...] As long as there are human beings involved, there's going to be people taking advantage of you.

        I don't get this. Surely he wanted everyone to use his code, without any further obligations? Since that's exactly the point of the license he used? How can you call that "biting him in the ass", or "taking advantage of"?

        BSD is clearly too loose, if you don't want people to keep their changes for themselves. But well, duh, don't use that license then. Most people in the BSD projects are perfectly happy if there code is used somewhere, regardless of ever seeing anything back (or so I've heard - I'm a Linux weenie).

        Anyway, in between GPL and BSD license, there's always the LGPL.

        [ Parent ]
            • Re:Danger Will Robinson, Danger! (Score:5, Insightful)

              by R.D.Olivaw (826349) on Friday July 08 2005, @02:19AM (#13011658)
              Note that the author doesn't have the right to complain. People (companies?) are using the way he licenced it. The GP was giving an axample of why BSD style licences are bad for authors if they expect something (code) in return. Some company and other developpers might contribute back to BSD projects but that relies completely on their goodwill.
              [ Parent ]
          • Re:Danger Will Robinson, Danger! (Score:5, Informative)

            by Tony Hoyle (11698) <tmh@nodomain.org> on Friday July 08 2005, @03:20AM (#13011842) Homepage
            LGPL is a nice middle ground if you want people to actually use your software... they can add their own value and make money, but changes to your library must be published.

            GPL is extremely hard to use as part of a commercial project, as it forces GPL on everything that links to it. That's fine if that's what the author wanted to achieve.. I do remember in my earlier years as a programmer GPLing everything without thinking though and it wouldn't surprise me if that still happened.
            [ Parent ]
    • Re:Danger Will Robinson, Danger! (Score:5, Interesting)

      by Xtifr (1323) on Friday July 08 2005, @12:39AM (#13011329) Homepage
      Your analysis is blindingly oversimplified. Most companies would rather GPL their own code than release it under a BSD license, but would rather have others release their code under a BSD license.

      Actually, most companies don't care! Most companies aren't in the software market, don't want to be in the software market, don't care about the license as long as they can freely use and copy the software for their own purposes, and think all this arguing is insane. As far as they're concerned, the BSD and GPL licenses are functionally equivalent.

      But for the tiny percentage of all companies that actually are in the software or computer services market, the BSD license is something they only want to see applied to other people's code. So, saying they "prefer" the BSD license is hopelessly naive and misguided. They prefer to give away as little as possible, while getting as much as possible. And, in general, many of them seem to find the GPL or other copyleft licenses to be a reasonable compromise.

      The benefit to businesses of the GPL is quite obvious (at least to smart companies, of which there are an increasing number). They can release their own code without worrying that their competitors will abscond with it, improve it, and not share those improvements.

      Me, I tend to prefer the BSD license for my own code, as it's simpler, and there's less to worry about. But it's a very mild preference, and I happily contribute to GPL'd projects as well.
      [ Parent ]
      • Re:Danger Will Robinson, Danger! (Score:5, Insightful)

        by GrouchoMarx (153170) on Friday July 08 2005, @01:56AM (#13011595) Homepage
        Your analysis is blindingly oversimplified. Most companies would rather GPL their own code than release it under a BSD license, but would rather have others release their code under a BSD license.

        Which is one reason I am personally fond of the LGPL. It says, in essence, "MY code is Free and must stay that way. Do what you want with you parts." It also has the side-effect of encouraging good, modular, component-based design. That's a win-win for everyone. Why people keep forgetting the LGPL in these flamewars I don't know, as it is a perfectly reasonable compromise between the "do anything" BSD and the "hand of Midas" GPL. I am particularly fond of it for libraries, frameworks, APIs, etc.

        That said, can we mod this entire story flamebait? I mean really, is the next Slashdot story going to be "Vi or Emacs, what does Slashdot think?"
        [ Parent ]
    • by AlexMidn1ght (705563) on Friday July 08 2005, @02:14AM (#13011649)
      Would it kill people to speak in normal sentences instead of Market Speak(TM)?

      I think Market Speak(TM) revolutionizes leading-edge initiatives by deploying mesh synergistic relationships and innovates in user-centric niches by enabling strategy scalable streamlined virtual communities and transition collaborative deliverables!
      [ Parent ]