5 Reasons Facebook’s React License Was A Mistake

Facebook’s BSD+Patent license combo fails not because of the license itself but because it ignores the deeper nature of open source.

Beware Falling Rocks

In July 2017, the Apache Software Foundation effectively banned the license combination Facebook has been applying to all the projects it has been releasing as open source. They are using the 3-clause BSD license (BSD-3), a widely-used OSI-approved non-reciprocal license, combined with a broad, non-reciprocal patent grant but with equally broad termination rules to frustrate aggressors.
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Apache Bans Facebook’s License Combo

The Apache Software Foundation has moved the “Facebook BSD+Patent grant” license combination (FB+PL) to its “Category X” licensing list, effectively banning inclusion of any software under FB+PL from Apache projects. That included RocksDB, which has consequently just dropped FB+PL and added the Apache License v2 on Github, and React.JS which does not look like it will resolve the issue so fast.

Update, 22 September: Facebook has announced it will switch React to the MIT license.
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Here’s what we know so far (subject to updates, last day’s in green, latest marked 🆕): Continue reading

Why OSI License Approval Matters

Individual judgement about the presence of software freedom in a license is not the same as community consensus expressed through OSI approval.

Three Legged Buddah

Does it really matter if a copyright license is OSI Approved or not? Surely if it looks like it meets the benchmark that’s all that matters? I think that’s the wrong answer, and that OSI license approval is the crucial innovation that’s driven the open source revolution. Continue reading

Is The GPL Really Declining?

Is the GNU GPL “dying” or is that just the prejudice of those whose open source exploitation would be hampered by its use?                                                Italian version 

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At the huge FOSDEM developer meetup in Brussels in early February, I attended a panel where speakers discussed whether the use of “permissive” open source licenses like the Apache License is now outstripping use of “viral” licenses, such as the GPL. The discussion was spirited, with advocates associated with the Free Software Foundation pushing back on the assertion the GPL is “dying”.

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Permissive and Copyleft Are Not Antonyms

Using the term “permissive” as an antonym to “copyleft” – or “restrictive” as its synonym – are unhelpful framing. Describe license reciprocity instead.

Assorted Empty Frames On A Wall

Some open source licenses implement a clever hack invented by Richard Stallman where, as a condition of the copyright license, anyone creating derived versions has to agree they will license the new version the same way as the original. In a play on words, this concept is called “copyleft” and many open source licenses implement this hack. Continue reading

Public Domain Is Not Open Source

Open Source and Public Domain are frequently confused. Here’s why it’s a mistake to treat the two terms as synonyms.

Coade Stone lion in London

Plenty of people assume that public domain software must be open source. While it may be free software within your specific context, it is incorrect to treat public domain software as open source or indeed as globally free software. That’s not a legal opinion (I’m not a lawyer so only entitled to layman’s opinions) but rather an observation that an open source user or developer cannot safely include public domain source code in a projectContinue reading

7 Rules For Engaging Communities On Legal Matters

When you need to discuss a license, a legal document like a CLA or a governance rule with an open source community, what’s the best approach to take?

Squirrel pops up behind log to check things outHaving watched a fair number of people attempting to engage both the Open Source Initiative’s licensing evaluation community and the Apache Software Foundation’s legal affairs committee, here are some hints and tips for succeeding when your turn comes to conduct a discussion over legal terms with an open source community. Continue reading