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4.1 History of Free/Open - Source Software

This chapter examines the History of Free / Open--Source Software. The definition of FOSS and features of various FOSS licenses are also explored. The birth of FOSS was strongly influenced by the views on software of the people involved.

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0% found this document useful (0 votes)
61 views16 pages

4.1 History of Free/Open - Source Software

This chapter examines the History of Free / Open--Source Software. The definition of FOSS and features of various FOSS licenses are also explored. The birth of FOSS was strongly influenced by the views on software of the people involved.

Uploaded by

Marko Schuetz
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Philosophy and History of Free/Open--Source Software

4 Philosophy and History of Free/Open--Source


Software
The birth of Open Source Software and Free Software was strongly influenced
by the views on software of the people involved, and the environment surround-
ing software. To gain a proper grasp of
Free/Open--Source Software, it is essential (4) Philosophy and History of
Free/Open-Source Software
to understand its philosophy and history.
History of FOSS

The philosophy of FOSS is also reflected Looking round the evolutionary process of FOSS from
“Birth of Hackers” to current situations where FOSS is

in the definition of FOSS and its licens- widely spread in enterprise market

Definition of FOSS

es. This chapter examines the history of Use the term FOSS correctly by knowing strict
definition of “Open Source Software”

Free/Open--Source Software in order to grasp FOSS Licenses


To understand meanings of software licenses and
the driving forces behind the birth of FOSS categories of licenses

and its development. The definition of FOSS


and the features of various FOSS licenses An Introduction to Free/Open-Source Software
Copyright © 2005,2006, Center of the International Cooperation for Computerization (CICC) All Rights Reserved.
Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 101
Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

are also explored.

4.1 History of Free/Open--Source Software


The beginnings of Free/Open--Source Software were already beginning to take shape
in the 1950s, not long after the birth of the computer. The Free Software move-
ment later emerged in the eighties, and the
spread of the Internet was accompanied by History of FOSS
the emergence of GNU/Linux as a lead-
Birth of hackers Birth of Linux

ing example of bazaar--style development. Basis of emerging free


software
A pioneer of “Bazaar
model development”

In the nineties, the Open Source Initiative Free software Growth of FOSS, and
movement and FSF Launch of OSI
defined the term “Open Source.” Entering Free software as freedom Market share of FOSS
of software has enhanced for

the 2000s, FOSS is even being deployed in Copyleft


business use

Penetrating the
enterprise backbone systems. Fundamental structure to
keep freedom of software enterprise market
Many major computer
Spread of the Internet vendors join the FOSS
Free software played an enterprise market
important role
Copyright © 2005,2006, Center of the International Cooperation for Computerization (CICC) All Rights Reserved.
An Introduction to Free/Open-Source Software Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 102
Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

83
History of Free/Open--Source Software

4.1.1 Birth of Hackers (1950s)


The world’s first computer, ENIAC, was developed in 1946 by John Mauchly and J.
Presper Eckert at the University of Pennsylvania. Starting in the fifties, commer-
cial computers began to be sold, but were
mainly used by researchers at universities Birth of Hackers (1950s to Present)

and research institutes. The computers of


“Hacker” used at MIT “Hack” (definition from

that era were slow and had limited mem- to describe a person
who writes good
thefreedictionary.com)
Originally, a quick job that

ory. With computer science still in its in- programs or new


algorithms
produces what is needed, but
not well.

An incredibly good, and

fancy, it was extremely critical to come up Individuals who attack


systems are “crackers”
perhaps very time-consuming,
piece of work that produces
exactly what is needed.

with good programs and new algorithms. Hacker culture is a To bear emotionally or
physically.
type of gifting culture

It was around this time that researchers at “Hacker” title


bestowed by others
To work something (typically a
program).

To pull a prank on.

MIT first began using “hacker” as a term Unix conceived in


To interact with a computer in
a playful and exploratory

1971 rather than goal-directed way.

of praise for researchers who excelled at An Introduction to Free/Open-Source Software


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Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

writing programs and algorithms.


Hackers openly published the programs that
they developed, instead of keeping them hidden from others. They also took pro-
grams published by other hackers and improved them. By sharing their results with
others and adding their own improvements, hackers created a type of gifting culture.
Hacker culture was also influenced by the scientific approach of publishing research
results for examination by others. Hackers were also driven by the pride that came
with being recognized by others as a hacker.
In 1971, Dennis Ritchie and Ken Thompson created Unix. Both Unix and C lan-
guage programming that runs on Unix were factors in accelerating the development
of hacker culture. Unix culture is still widely influential today, and its legacy con-
tinues to be inherited in the philosophies of Free Software and Open Source.
The term “hacker” is sometimes used in referring to an individual who attacks a
system out of malice. However, “hacker” in its truest meaning refers to a skilled
developer. Individuals who attack systems out of malice are more accurately referred
to as “crackers” and not “hackers.”

84
Philosophy and History of Free/Open--Source Software

4.1.2 Free Software Movement and FSF (1980s)


Back when computers were still used primarily by researchers, nearly all software
was published and could be freely used by anyone. As computers became widespread
among enterprises, software became a tool
for business and commercial proprietary Free Software Movement and FSF
(1980s)
software gradually became predominant.
Aim: World where citizens can live with Free

Starting in the eighties, an opposing move- Software alone

GNU Manifesto (1983)

ment emerged, based on the notion that Author: Richard Stallman

Launch of GNU Project (1984)

software should be free. This is known as Develop Unix-compatible OS from scratch

Developed main Unix functions through 1990

the Free Software movement, which was Free Software Foundation (FSF) (1984)
Founder: Richard Stallman

spearheaded by Richard Stallman. Stall- Organization for managing copyleft software

GNU General Public License (GPL) V. 1 released (1989)

man’s goal was to create a world where GPL Version 2 released (1991)

GPL Version 3 released (2007)

its citizens could live with Free Software An Introduction to Free/Open-Source Software
Copyright © 2005,2006, Center of the International Cooperation for Computerization (CICC) All Rights Reserved.
Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 104
Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

alone. To realize these goals, Stallman pro-


posed the notion of copy--left (to be de-
scribed) as an alternative to copyright.
Stallman announced his GNU Manifesto in 1983. The following year, in 1984, Stall-
man launched the GNU Project to realize the goals of Free Software. The aim of
the GNU Project was to develop a Unix--compatible operating system from scratch.
The GNU Project worked on developing the main functions of Unix and made them
available as Free Software, until about 1990.
Stallman also founded the Free Software Foundation (FSF) in 1985, in order to
manage software that is compliant with the Free Software philosophy. In 1989, FSF
published the GNU General Public License (GPL) Version 1, a software license that
reflects the copy--left philosophy. GPL Version 2 was later released in 1991.
Stallman’s notion of Free Software is frequently misinterpreted to mean software
that is free of charge. The “free” in Free Software stands for “freedom” and not free
of charge.

85
History of Free/Open--Source Software

4.1.3 Copy--left
The notion of copy--left is essential to understanding the concept of Free Software.
Copy--left stipulates the freedom of a program, and the freedom of modified or
extended program versions.
Copy--left protects the freedom of software Copyleft
from copyright a mechanism that limits
Copyleft

the use of software (work) written by an- Stipulates freedom of program and freedom of
modified or extended versions

other person. Copyright cannot maintain Protects freedom of software from copyright
Does not abandon copyright
the freedom of software. Copy--left, on the Manages copyright and ensures freedom of license

Right of copyright holder cannot be abandoned under

other hand, ensures freedom of software by e.g. Japanese or German law, preventing notion of public
domain software

its license without abandoning copyright.


The symbol used for copy--left is a skewed
version of the copyright symbol. An Introduction to Free/Open-Source Software
Copyright © 2005,2006, Center of the International Cooperation for Computerization (CICC) All Rights Reserved.
Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 105
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The notion of copy--left was created be-


cause of the inability to protect freedom of
software by abandoning copyright and releasing software into the public domain. If
a company decides to extend the functions of a public domain program, the original
software remains free but the extended version of the software need not be free. The
company has the right to decide what license it wishes to use.
In Japan, copyright law specifies that moral right (the right of the copyright hold-
er) cannot be abandoned, thus preventing software or any other work from being
released into the public domain.
In Germany, there is the notion of an authors right (Urheberrecht) to his or her
work. That right cannot be sold or otherwise transferred. Only the complementary
right to exploit the work commercially (Nutzungsrecht) can be transferred.

86
Philosophy and History of Free/Open--Source Software

4.1.4 Spread of the Internet


Free Software grew in tandem with the spread of the Internet. In 1986, NSFNET
was split off from ARPANET, a military network that began to be operated by
the US Department of Defense in 1969 and
the precursor to the Internet. NSFNET Spread of the Internet
was created as a network for the research
ARPANET launched by US Department of Defense

community, linking computers at research (1969)

institutes worldwide. The development of NSFNET branched off from ARPANET (1986)
Network for research community

NSFNET led to greater interaction between Linked computers at research institutes worldwide

Free Software drives growth of Internet

researchers. E-mail (Sendmail), DNS (Bind), newsgroups (INN), etc.

Free Software for e--mail (Sendmail), DNS Internet opened to commercial interests (1991)

NCSA Mosaic Web browser conceived (1993)

(BIND) and newsgroups (INN) was devel- Impetus for Internet boom

Growth of online e-commerce (since late 1990s)

oped and improved to incorporate the re- An Introduction to Free/Open-Source Software


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Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 106
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quests of global researchers. Improvement


of this software, which was fundamental to
networks, in turn drove the growth of the Internet.
In the nineties, the Internet was opened to commercial interests and the NCSA
Mosaic Web browser was conceived in 1993. Both developments led to a boom
in Internet use. The Mosaic browser was a breakthrough program that enabled
simultaneous display of text and graphics. Online e--commerce began to rapidly
take off starting from the late 1990s.

4.1.5 Birth of GNU/Linux (Early 1990s)


The emergence of GNU/Linux in the early nineties became a success story for Free
Software and played a major role in the emergence of Open Source. The Lin-
ux operating system kernel was released in
October 1991 by Linus Torvalds, then a Birth of Linux (Early 1990s)
student at Helsinki University in Finland.
Linux released by Linus Torvalds in October

GNU/Linux commands a growing market 1991


Student at Helsinki University in Finland

share today that centers on server appli- Licensed under GPL

cations. Linux is licensed under GPL and Free Software success story

Pioneered bazaar-style development model

qualifies as Free Software, but it employed Frequent beta releases in mid-development

Many developers send bug reports and patches

a development method that was different Driving factor in emergence of Free/Open-Source

from conventional software. Business success of Linux drew attention to


effectiveness of bazaar-style development and its
software, but Free Software movement was too radical

Prior to the emergence of Linux, Free Soft- for companies

An Introduction to Free/Open-Source Software


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Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 107
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ware and commercial software were devel-


oped by a specific developer or group. The
decision to respond to bug reports and requests to extend software functions was
left up to a development group. It was also customary to release software only after

87
History of Free/Open--Source Software

achieving a certain level of stability in the software. Linux development depart-


ed from this custom by issuing frequent beta releases in mid--development. Internet
users tested the beta releases and sent in their bug reports and patches. This method
involved development by a worldwide user base.
Later, Eric Raymond released the essay The Cathedral and the Bazaar, which used
the term bazaar--style development to refer to the Linux style of development in
which many individuals contribute code. By way of contrast, Raymond used the
term cathedral--building development, commonly called cathedral development, to
refer to a conventional style of centralized development (see Section 5.2.1: Cathe-
dral and Bazaar--Style Development).
The growing market share and business success of Linux drew attention to the effec-
tiveness of bazaar--style development and software developed through this method.
However, companies were apprehensive of the Free Software aspect of the software.
The notion that all software must have freedom was too radical for companies, who
viewed Free Software as being incompatible with business. This situation would
lead to the emergence of Open Source.

4.1.6 Growth of Open Source and Launch of Open Source Initiative


(Late 1990s)
Eric Raymond and Bruce Perens are credited with coining the term “Open Source.” The
term was created to address the alienation toward Free Software among business,
using a term that is widely acceptable to
companies. Open Source borrows from the Growth of Free/Open-Source; Launch of
Open Source Initiative (Late 1990s)
philosophy of Free Software, but with less
OSI (Open Source Initiative)

emphasis on the “freedom” aspect. For Founded by Eric Raymond and Bruce Perens

Strategic initiative to promote adoption by business

Open Source, the emphasis is placed on the Release of Netscape source code impetus for founding
OSI

advantages of releasing source code. The “The Open Source”


Proper noun focusing on software development model

Open Source Initiative (OSI) was later es- Prescribed under the Open Source Definition

Increased recognition has led to greater misuse and

tablished in 1998 to promote the spread of misunderstanding

Other terms being considered

Open Source. OSS : Open-Source Software

FLOSS : Free/Libre/Open-Source Software

The birth of Open Source is associated with An Introduction to Free/Open-Source Software


Copyright © 2005,2006, Center of the International Cooperation for Computerization (CICC) All Rights Reserved.
Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 108
Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

the release of source code for the Netscape


Web browser developed by Netscape Com-
munications Corporation. Netscape was seeking for a way to recover the large brows-
er share that it had lost to Microsoft’s Internet Explorer. Influenced by Raymond’s
The Cathedral and the Bazaar, Netscape decided to release the source code for its
Netscape browser. At this point, Raymond and others proposed the notion of Open
Source as an easily acceptable term for corporations. It was hoped that the new
term would contribute to the success of releasing the Netscape source code.

88
Philosophy and History of Free/Open--Source Software

Open Source is a proper noun defined by OSI. The term was created with two ideas
in mind: the release of source code as in Linux and Netscape, and the use of a
software development model in which a worldwide developer base contributes to
development over the Internet. The definition of Open Source is prescribed in the
Open Source Definition.
Wider recognition of Open Source has also led to greater misuse and misunderstand-
ing of the term. Open Source is sometimes used as a common noun, leading to the
mistaken notion that releasing source code (and making it open) equates to Open
Source.
The Open Source Definition also encompasses Free Software under its definition of
Open Source Software. However, some developers who wish to emphasize the “free-
dom” in Free Software object to the use of this blanket definition. New terms are be-
ing considered that are separate from both Free Software and Open Source Software.
In Europe, the phrases Free/Open--Source Software (FOSS) and Free/Libre/Open
Source Software (FLOSS) are widely used.

4.1.7 Penetrating the Enterprise Market (2000s)


The release of the Netscape source code drew business interest to FOSS. In 1999,
IBM began providing support for GNU/Linux, which had a major impact in opening
the way for serious deployment of FOSS
in enterprise systems. These developments Penetration of Enterprise Market
(2000s)
helped to remove the apprehension of users IBM begins offering GNU/Linux support (1999)

who recognized the low cost of FOSS but Open Source Development Labs (OSDL) founded

did not want to use FOSS for lack of guar- (2000)


GNU/Linux development for telecommunications, data
center and enterprise desktop applications

antees that the software would run prop- Linus Torvalds joins OSDL (2003)

erly. Consortium formed by IBM Japan, Hitachi, Fujitsu


and NEC (2001)

The Linux operating system kernel was de- Development to extend functionality of enterprise
GNU/Linux

veloped with Linus Torvalds playing a cen- GNU/Linux deployment spreads to enterprise
backbone systems and financial institution

tral role in development (The Linux devel- systems


An Introduction to Free/Open-Source Software
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opment had begun by himself on an indi-


vidual basis.) Consequently, Linux lacked
the functions needed for large--scale, mission critical systems. The situation prompt-
ed the founding of Open Source Development Labs (OSDL) in 2000, whose members
are involved in joint development to improve the functions of Linux. Among oth-
er projects, OSDL conducts GNU/Linux development for the telecommunications
industry, for data center and for enterprise desktop applications. Linus Torvalds
joined OSDL in 2003, where he is involved in development.
In Japan, a consortium of four leading companies joined forces in 2001 to extend the
functionality of enterprise GNU/Linux. The members of the consortium are IBM
Japan, Ltd., Hitachi, Ltd., Fujitsu Ltd. and NEC Corporation. Improvements to the

89
Definition of “Free/Open--Source Software”

functionality of enterprise GNU/Linux and a wider support structure have enabled


GNU/Linux deployment to spread to backbone systems and financial institution
systems, areas that were previously the exclusive domain of mainframes.

4.2 Definition of “Free/Open--Source Software”


Earlier sections explore the history of FOSS and touch on misunderstandings that
are associated with Open Source Software and Free Software. These misunder-
standings include the notion that releas-
ing source code equates to Open Source Definition of FOSS
Software, and that Free Software means
The software whose source code is published,

software without charge. This section ex- does NOT equal to FOSS
Insufficient, if ONLY publishing its source code

plores the definitions of Open Source Soft- GNU's definition

ware and Free Software to prevent further “Free Software”

OSI's definition

misinterpretation. “Open Source Software”

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An Introduction to Free/Open-Source Software Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 110
Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

4.2.1 GNU Definition of “Free Software”


GNU uses the following definition of “Free Software”:
Free software is a matter of the users’ free-
dom to run, copy, distribute, study, change
and improve the software. More precisely, GNU Definition
it refers to four kinds of freedom, for the
“Free Software” is:

users of the software: Software with the freedom to run, copy, distribute,
study, change and improve the software

The freedom to run the program, for any purpose.

· The freedom to run the program, for The freedom to study how the program works, and
adapt it to your needs.

The freedom to redistribute copies so you can help your

any purpose (freedom 0). neighbor.

The freedom to improve the program, and release your


improvements to the public, so that the whole
community benefits.

· The freedom to study how the program Abstract shape: Copyleft

Concrete shape: GNU General Public License (GPL)

works, and adapt it to your needs (free- OK to charge for distribution

Not all Free Software asserts copyleft


dom 1). Access to the source code is a An Introduction to Free/Open-Source Software
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111

precondition for this.


· The freedom to redistribute copies so you can help your neighbor (freedom 2).
· The freedom to improve the program, and release your improvements to the pub-
lic, so that the whole community benefits (freedom 3). Access to the source code
is a precondition for this.

90
Philosophy and History of Free/Open--Source Software

Copyleft is the abstract expression of the four kinds of freedom described in the
GNU definition. The GNU General Public License (GPL) expresses the four kinds
of freedom as a concrete license.
The “free” in Free Software is often misunderstood to mean free of charge, which
perpetuates the mistaken notion that Free Software must be distributed without
charge. Free Software may be distributed for a charge as long as it satisfies the four
kinds of freedom. However, although the original program can be distributed for a
charge, copies of the original program must be freely distributable. Consequently,
distributing Free Software alone for a charge fails to work as an actual business. As
a business, the software must be bundled with another component such as support
services.
Not all Free Software asserts the notion of copy--left. Software of this type uses a
license that permits users to add their own restrictions on the freedom to redistribute
and modify the software. The license for X Window System is one such example.
FSF and GNU do not endorse these licenses, since they do not ensure the freedom
of modified versions of Free Software.

4.2.2 Definition by Open Source Initiative


The definition of Open Source is controlled by OSI and is prescribed under the
Open Source Definition (OSD). OSI explicitly defines the criteria for Open Source
licenses and approves licenses that meet its
criteria. The criteria for Open Source un- Definition by Open Source Initiative

der OSD is organized under the following Free Redistribution


Prescribed by the Open

headings: Source Definition (OSD)


Wider recognition leads to
Source Code

Derived Works

greater misuse of term Integrity of The Author's


Source Code
Criteria for FOSS licenses

1. Free Redistribution Over 50 licenses approved


No Discrimination Against
Persons or Groups
Based on Debian Free No Discrimination Against
Software Guidelines Fields of Endeavor

2. Source Code (DFSG)


OSD places greater emphasis
Distribution of License

License Must Not Be

on distribution criteria Specific to a Product

License Must Not Restrict


Free Software complies

3. Derived Works with Open Source


definition
Other Software

License Must Be
Technology-Neutral

Copyright © 2005,2006, Center of the International Cooperation for Computerization (CICC) All Rights Reserved.
An Introduction to Free/Open-Source Software Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 112
Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

4. Integrity of the Author’s Source Code

5. No Discrimination Against Persons or Groups

6. No Discrimination Against Fields of Endeavor

7. Distribution of License

8. License Must Not Be Specific to a Product

91
Free/Open--Source Software Licenses

9. License Must Not Restrict Other Software

10. License Must Be Technology--Neutral

OSD is based on the Debian Free Software Guidelines (DFSG). OSD removes De-
bian--specific references and emphasizes criteria related to distribution. As of 2005,
OSI has approved over 50 licenses as Open Source licenses. The GPL license for
Free Software also meets the criteria of OSD, so it is possible to view Free Software
as a type of Open Source Software.

4.3 Free/Open--Source Software Licenses


Many different types of licenses are used for FOSS. This section examines the fun-
damental notion of a software license and what it means. Major FOSS licenses and
their respective features are also explored.
FOSS Licenses

Software licenses
To begin with, what is a software license?

Click-on contract is frequently used

Typical FOSS licenses and their characteristic


GPL/LGPL

BSD

Other licenses, dual licensing

OSI-approved licenses

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An Introduction to Free/Open-Source Software Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 113
Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

92
Philosophy and History of Free/Open--Source Software

4.3.1 Software Licenses


The price of retail software packages can range from several tens of US dollars
to several thousands of US dollars. The price of contract development for enter-
prise systems can range from several tens
of thousands of dollars to upwards of mil- Software Licenses
lions of dollars. This section examines the
Sales format for software actually for:

fundamental question of the price of soft- Media costs for distribution?

Commensurate cost of contract development?

ware and the value it equates to. For ex- Right to use software is generally purchased

ample, you might wonder if the price of Licenses

Types: Site license, volume account license, etc.

software partially covers media costs for Licensing is an act of contract


Frequently takes shape as contract of adhesion

distributing software and manuals, or the Shrinkwrap contract

User enters into agreement when shrinkwrap on package is


broken

cost of contract development. Click-on and click-wrap contracts

User enters into agreement when button is clicked in

Purchasing a piece of software equates to contract dialog box

An Introduction to Free/Open-Source Software


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Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 114
Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

buying the right to use that software. The


price of software is therefore the prescribed
price to gain the right to use software. A license describes the contents of the right
for the purpose of buying and selling the right. Rights are commonly purchased for
a single machine, but can also be purchased as site licenses for organizations such
as companies or schools. Volume account licenses are also available to cover a fixed
number of machines, in units such as 100 or 1,000 machines.

4.3.2 Click--On Contract


With any license, the purchase of a right is an act of contract between the seller and
purchaser. The contract often takes the form of a contract of adhesion or clauses,
using a shrink--wrap contract or a click--on
or click--wrap contract. In a shrink--wrap Example of Click-On Contract
contract, the user is considered to have en-
EULA (End User License Agreement)

tered into the contract when the shrink-- Appears first time application is started

User enters into contract when Accept button is clicked

wrap on the package is torn. In a click--


on or click--wrap contract, a contract di-
alog box is displayed the very first time
the application is started. This dialog box
displays an End User License Agreement
(EULA). The user is considered to have An Introduction to Free/Open-Source Software
Copyright © 2005,2006, Center of the International Cooperation for Computerization (CICC) All Rights Reserved.
Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 115
Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

entered into the contract when the Accept


button is clicked. However, it is a mat-
ter of ongoing legal debate in several counties whether users actualy enter a valid
contract in this way.

93
Free/Open--Source Software Licenses

4.3.3 Major FOSS Licenses and Their Features


OSI has approved more than 50 licenses for Open Source Software. This section
describes the major OSI--approved licenses.

4.3.3.1 GNU Public License (GPL)


The GNU Public License (GPL) is a concrete expression of the notion of copy--left
in the form of a license. GPL is widely used for Free Software.
To guarantee the freedom of software, the
GPL specifies that if derivatives of GPL’ed GPL
software are distributed, the distribution
GPL expresses copyleft as concrete license

must be accompanied by the source code GPL (GNU General Public License)

and must be distributed under the GPL. A GNU Public License (GPL)

If derivatives of GPL’ed software are distributed, it


must be accompanied by source code
derivative refers to software whose source Protects freedom of software

code has been modified, or software that Derivatives


Modified source code

incorporates GPL’ed libraries. Converse- Uses GPL’ed libraries

GPL v3 protects software freedom from

ly, if the author does not want to release Patents

Mechanisms to prevent modification

the source code to modifications of soft- An Introduction to Free/Open-Source Software


Copyright © 2005,2006, Center of the International Cooperation for Computerization (CICC) All Rights Reserved.
Copyright © 2005,2006, Mitsubishi Research Institute, Inc. All Rights Reserved. 116
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ware that is covered by the GPL, that au-


thor cannot distribute these modifications.
It is acceptable for the author to use the modifications for him-- or herself. This
may be an issue for companies wanting to do business based on GPL’ed software.

4.3.3.2 GNU Lesser General Public License (LGPL)


LGPL is less restrictive than GPL and is designed to be easier to use for everything
from commercial software to Free Software. Originally, LGPL was meant to be
used for libraries and was called the GNU
Library General Public License. However, GPL and LGPL
the name was changed to widen its appli- LGPL (GNU Lesser General Public License)

cation beyond libraries, and because FSF GNU Lesser General Public License (LPGL)

Formerly “The GNU Library General Public License”

did not officially endorse the use of LGPL. Features of LGPL (derivative licenses)
Derivatives based on modified source code must also

LGPL and GPL are identical in terms of conform to LGPL

No license restriction for software using LGPL’ed libraries


through dynamic linking

requiring derivatives based on modified source No clear line between derivative and non-derivative work,
depending on extent of linking

GNU’s position: Work is not a derivative if interface is

code to conform to LGPL (or GPL). The clearly defined and software module split off

LGPL a product of compromise?

major difference in LGPL is that it places LGPL a departure from GNU ideals

Software that links to GPL’ed libraries must also conform to


GPL, which could discourage use

no restrictions on the licensing of software Many libraries use LGPL

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that uses LGPL’ed libraries through dy-


namic linking. This means that software

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Philosophy and History of Free/Open--Source Software

need not be licensed as LGPL if it uses LGPL’ed libraries in the prescribed way.
However, the definition of “dynamic link” and the distinction between derivative
and non--derivative work are somewhat unclear. GNU, which prescribes LGPL,
takes the view that a work is not a derivative if the interface is clearly defined and
the software module is split off.
LGPL permits the existence of non--free software and therefore departs from GNU
ideals. In actual practice, LGPL is widely used for libraries. This is due to the
stipulations of GPL, which requires software using GPL’ed libraries to also conform
to GPL. Using GPL for a library could discourage the many developers outside
of the Free Software development community from using the library. LGPL is a
strategic product necessitated by the gap between GNU ideals and reality.

4.3.3.3 Berkeley Software Distribution (BSD) License


The BSD License is considerably less restrictive than GPL or LGPL, but is poorly
suited to protect the freedom of software. BSD places no restrictions on deriva-
tives. A developer can easily modify soft-
ware and make it proprietary software. BSD
The original BSD License had an obnox-
Berkeley Software Distribution (BSD) License

ious BSD advertising clause that said, “All BSD ... Berkeley Software Distribution

Much less restrictive

advertising materials mentioning features No protection of software freedom

Derivative work can be turned into proprietary

or use of this software must display the software

Advertising clause removed in June 1999

following acknowledgement: This product Modified BSD License

includes software developed by the Univer-


sity of California, Berkeley and its con- its contributions.”

tributors.” The advertising clause was a An Introduction to Free/Open-Source Software


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Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

problem because it invoked developers to


replace “University of California, Berke-
ley” with their own names. This created a jumble of licenses and resulted in lengthy
acknowledgements when advertising distributions or collections of software.
A modified BSD license was created in June 1999 that removed the questionable
clause. Many BSD software programs are released today under the modified BSD
License.

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Free/Open--Source Software Licenses

4.3.3.4 Mozilla Public License (MPL)


MPL is the license used for the Mozilla Web browser, an Open Source application
derived from the Netscape browser. The license does not require source code to be re-
leased for applications, plug--ins and other
stand--alone software that is separate from MPL, Apache License, Dual Licensing

MPL’ed software. MPL contains explicit


MPL (Mozilla Public License)

references to legal jurisdiction and patent Mozilla: Open-Source Web browser

Permits closed license for standalone software

issues. It also describes escape clauses re- (applications, plug-ins)

Contains references to legal jurisdiction and patent issues

lated to patent infringement. Includes escape clauses for patent infringement

Apache License from Apache Software Foundation


License used for Apache Project (Web server project)

Includes advertising clause

Not compatible with GPL

Multiple license formats


Dual licensing, triple licensing

Ex. Qt (QPL or GPL), MySQL (GPL or commercial license),


Mozilla (MPL, GPL or LGPL)

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Copyright © 2008, University of Puerto Rico at Mayaguez. All Rights Reserved.

4.3.3.5 Apache License


The Apache License is used for the Apache Software Foundation’s Apache Project,
which develops Web server software. Apache License Version 1.0 originally contained
an advertising clause. The clause was later relaxed in Version 1.1 to only require
acknowledgement in end--user manuals, rather than requiring acknowledgement in
advertising. Version 2.0 omitted the advertising clause altogether, but contains
patent--related clauses that make it incompatible with GPL.

4.3.3.6 Other Licensing Formats


Some software gives users the option to select from several licenses, depending on
the interests of the user. These programs use a dual or triple license, enabling the
user to select one license. Dual or triple licensing is used for software such as Qt GUI
toolkit, which is available under the Q Public License (QPL) or GPL. The MySQL
database management system is available under GPL or commercial license, while
Mozilla offers three licensing options including MPL, GPL or LGPL.

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Philosophy and History of Free/Open--Source Software

4.3.4 OSI--Approved Licenses


In addition to the major FOSS licenses that have already been described, there
are more than 50 other OSI--approved licenses. OSI provides a certification mark,
that may be used as an icon, to show that
a license is OSI--approved. The OSI certi- OSI-Approved Licenses
fication mark indicates conformance with
OSI certification mark

OSD and is only to be displayed for soft- Only to be displayed for software suitably distributed
according to OSI-approved license

ware that is suitably distributed according OSI-approved licenses


Denotes conformance with OSD; requires application

to an OSI--approved license. to OSI for license approval

58 licenses (as of June 30, 2005)

OSI prescribes the steps required to ob- http://www.opensource.org/licenses/index.html

GPL-like licenses

tain OSI license approval. However, there GPL

MPL-like licenses

is considerable debate about the existence MPL, LGPL, CPL, Artistic License

BSD-like licenses

of too many licenses. The trend is to- BSD, MIT, ASF

An Introduction to Free/Open-Source Software


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ward convergence into major licenses such


as GPL (LGPL), MPL and BSD.

4.4 Chapter Review


· Explain the term hacker. Around what time was this term coined?

· Explain the term cracker.

· What was the attitude taken towards software during the early years of electronic
computers?

· In which year was the GNU Project founded?

· What is the goal of the Free Software movement?

· When were the different versions of the GPL released?

· Is Free Software free of charge?

· Explain the term copy--left.

· What is the relation between copy--left, copyright and the GPL?

· What is the specific development model that was made famous by the develop-
ment of Linux? What are its key attributes?

· What was the purpose of introducing the term Open Source?

· Name frequent misconceptions or misunderstandings of the term Open Source.

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Chapter Review

· Discuss the relation between Free Software and Open Source.

· What is the GNU definition of Free Software?

· Name frequent misconceptions or misunderstandings of the term Free Software.

· What are the criteria used by the Open Source Definition for a software to be
Open Source?

· When you purchase proprietary software, what is it that you actually pay for?

· What is the purpose of a license?

· Explain the terms shrink--wrap and click--on contract.

· Explain what the GPL requires for modification, usage, and distribution of
GPL’ed software.

· How does the LGPL differ from the GPL?

· Why was the LGPL deemed necessary?

· How does the BSD license relate to the GPL?

· Both (modified) BSD and GPL give certain freedoms to others. Discuss the
difference in the philosophy and degree of freedom. Which of the two would you
consider “more free”? Give reasons.

· Is software governed by the GPL FOSS?

· Is software governed by the BSD FOSS?

· What are the characteristics of the MPL?

· What are the characteristics of the Apache license?

98

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