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#. type: Title =
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msgid "Why you should use a BSD style license for your Open Source Project"
msgstr ""

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msgid "'''"
msgstr ""

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msgid "Introduction"
msgstr ""

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msgid ""
"This document makes a case for using a BSD style license for software and "
"data; specifically it recommends using a BSD style license in place of the "
"GPL.  It can also be read as a BSD versus GPL Open Source License "
"introduction and summary."
msgstr ""

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msgid "Very Brief Open Source History"
msgstr ""

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msgid ""
"Long before the term \"Open Source\" was used, software was developed by "
"loose associations of programmers and freely exchanged.  Starting in the "
"early 1950's, organizations such as http://www.share.org[SHARE] and http://"
"www.decus.org[DECUS] developed much of the software that computer hardware "
"companies bundled with their hardware offerings.  At that time computer "
"companies were in the hardware business; anything that reduced software cost "
"and made more programs available made the hardware companies more "
"competitive."
msgstr ""

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msgid ""
"This model changed in the 1960's.  In 1965 ADR developed the first licensed "
"software product independent of a hardware company.  ADR was competing "
"against a free IBM package originally developed by IBM customers.  ADR "
"patented their software in 1968.  To stop sharing of their program, they "
"provided it under an equipment lease in which payment was spread over the "
"lifetime of the product.  ADR thus retained ownership and could control "
"resale and reuse."
msgstr ""

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"In 1969 the US Department of Justice charged IBM with destroying businesses "
"by bundling free software with IBM hardware.  As a result of this suit, IBM "
"unbundled its software; that is, software became independent products "
"separate from hardware."
msgstr ""

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msgid ""
"In 1968 Informatics introduced the first commercial killer-app and rapidly "
"established the concept of the software product, the software company, and "
"very high rates of return.  Informatics developed the perpetual license "
"which is now standard throughout the computer industry, wherein ownership is "
"never transferred to the customer."
msgstr ""

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msgid "Unix from a BSD Licensing Perspective"
msgstr ""

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msgid ""
"AT&T, who owned the original Unix implementation, was a publicly regulated "
"monopoly tied up in anti-trust court; it was legally unable to sell a "
"product into the software market.  It was, however, able to provide it to "
"academic institutions for the price of media."
msgstr ""

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msgid ""
"Universities rapidly adopted Unix after an OS conference publicized its "
"availability.  It was extremely helpful that Unix ran on the PDP-11, a very "
"affordable 16-bit computer, and was coded in a high-level language that was "
"demonstrably good for systems programming.  The DEC PDP-11 had, in effect, "
"an open hardware interface designed to make it easy for customers to write "
"their own OS, which was common.  As DEC founder Ken Olsen famously "
"proclaimed, \"software comes from heaven when you have good hardware\"."
msgstr ""

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msgid ""
"Unix author Ken Thompson returned to his alma mater, University of "
"California Berkeley (UCB), in 1975 and taught the kernel line-by-line.  This "
"ultimately resulted in an evolving system known as BSD (Berkeley Standard "
"Distribution).  UCB converted Unix to 32-bits, added virtual memory, and "
"implemented the version of the TCP/IP stack upon which the Internet was "
"essentially built.  UCB made BSD available for the cost of media, under what "
"became known as \"the BSD license\".  A customer purchased Unix from AT&T "
"and then ordered a BSD tape from UCB."
msgstr ""

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msgid ""
"In the mid-1980s a government anti-trust case against AT&T ended with the "
"break-up of AT&T.  AT&T still owned Unix and was now able to sell it.  AT&T "
"embarked on an aggressive licensing effort and most commercial Unixes of the "
"day became AT&T-derived."
msgstr ""

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msgid ""
"In the early 1990's AT&T sued UCB over license violations related to BSD.  "
"UCB discovered that AT&T had incorporated, without acknowledgment or "
"payment, many improvements due to BSD into AT&T's products, and a lengthy "
"court case, primarily between AT&T and UCB, ensued.  During this period some "
"UCB programmers embarked on a project to rewrite any AT&T code associated "
"with BSD.  This project resulted in a system called BSD 4.4-lite (lite "
"because it was not a complete system; it lacked 6 key AT&T files)."
msgstr ""

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msgid ""
"A lengthy series of articles published slightly later in Dr. Dobbs magazine "
"described a BSD-derived 386 PC version of Unix, with BSD-licensed "
"replacement files for the 6 missing 4.4 lite files.  This system, named "
"386BSD, was due to ex-UCB programmer William Jolitz.  It became the original "
"basis of all the PC BSDs in use today."
msgstr ""

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msgid ""
"In the mid 1990s, Novell purchased AT&T's Unix rights and a (then secret) "
"agreement was reached to terminate the lawsuit.  UCB soon terminated its "
"support for BSD."
msgstr ""

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msgid "The Current State of FreeBSD and BSD Licenses"
msgstr ""

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msgid ""
"The so-called http://www.opensource.org/licenses/bsd-license.php[new BSD "
"license] applied to FreeBSD within the last few years is effectively a "
"statement that you can do anything with the program or its source, but you "
"do not have any warranty and none of the authors has any liability "
"(basically, you cannot sue anybody).  This new BSD license is intended to "
"encourage product commercialization.  Any BSD code can be sold or included "
"in proprietary products without any restrictions on the availability of your "
"code or your future behavior."
msgstr ""

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msgid ""
"Do not confuse the new BSD license with \"public domain\".  While an item in "
"the public domain is also free for all to use, it has no owner."
msgstr ""

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msgid "The origins of the GPL"
msgstr ""

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"While the future of Unix had been so muddled in the late 1980s and early "
"1990s, the GPL, another development with important licensing considerations, "
"reached fruition."
msgstr ""

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msgid ""
"Richard Stallman, the developer of Emacs, was a member of the staff at MIT "
"when his lab switched from home-grown to proprietary systems.  Stallman "
"became upset when he found that he could not legally add minor improvements "
"to the system.  (Many of Stallman's co-workers had left to form two "
"companies based on software developed at MIT and licensed by MIT; there "
"appears to have been disagreement over access to the source code for this "
"software).  Stallman devised an alternative to the commercial software "
"license and called it the GPL, or \"GNU Public License\".  He also started a "
"non-profit foundation, the http://www.fsf.org[Free Software Foundation] "
"(FSF), which intended to develop an entire operating system, including all "
"associated software, that would not be subject to proprietary licensing.  "
"This system was called GNU, for \"GNU is Not Unix\"."
msgstr ""

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msgid ""
"The GPL was designed to be the antithesis of the standard proprietary "
"license.  To this end, any modifications that were made to a GPL program "
"were required to be given back to the GPL community (by requiring that the "
"source of the program be available to the user) and any program that used or "
"linked to GPL code was required to be under the GPL.  The GPL was intended "
"to keep software from becoming proprietary.  As the last paragraph of the "
"GPL states:"
msgstr ""

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msgid ""
"\"This General Public License does not permit incorporating your program "
"into proprietary programs.\"<<one>>"
msgstr ""

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msgid ""
"The http://www.opensource.org/licenses/gpl-license.php[GPL] is a complex "
"license so here are some rules of thumb when using the GPL:"
msgstr ""

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msgid ""
"you can charge as much as you want for distributing, supporting, or "
"documenting the software, but you cannot sell the software itself."
msgstr ""

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msgid ""
"the rule-of-thumb states that if GPL source is required for a program to "
"compile, the program must be under the GPL. Linking statically to a GPL "
"library requires a program to be under the GPL."
msgstr ""

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msgid ""
"the GPL requires that any patents associated with GPLed software must be "
"licensed for everyone's free use."
msgstr ""

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msgid ""
"simply aggregating software together, as when multiple programs are put on "
"one disk, does not count as including GPLed programs in non-GPLed programs."
msgstr ""

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msgid ""
"output of a program does not count as a derivative work. This enables the "
"gcc compiler to be used in commercial environments without legal problems."
msgstr ""

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msgid ""
"since the Linux kernel is under the GPL, any code statically linked with the "
"Linux kernel must be GPLed. This requirement can be circumvented by "
"dynamically linking loadable kernel modules. This permits companies to "
"distribute binary drivers, but often has the disadvantage that they will "
"only work for particular versions of the Linux kernel."
msgstr ""

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msgid ""
"Due in part to its complexity, in many parts of the world today the "
"legalities of the GPL are being ignored in regard to Linux and related "
"software.  The long-term ramifications of this are unclear."
msgstr ""

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msgid "The origins of Linux and the LGPL"
msgstr ""

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msgid ""
"While the commercial Unix wars raged, the Linux kernel was developed as a PC "
"Unix clone.  Linus Torvalds credits the existence of the GNU C compiler and "
"the associated GNU tools for the existence of Linux.  He put the Linux "
"kernel under the GPL."
msgstr ""

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msgid ""
"Remember that the GPL requires anything that statically links to any code "
"under the GPL also be placed under the GPL.  The source for this code must "
"thus be made available to the user of the program.  Dynamic linking, "
"however, is not considered a violation of the GPL.  Pressure to put "
"proprietary applications on Linux became overwhelming.  Such applications "
"often must link with system libraries.  This resulted in a modified version "
"of the GPL called the http://www.opensource.org/licenses/lgpl-license."
"php[LGPL] (\"Library\", since renamed to \"Lesser\", GPL).  The LGPL allows "
"proprietary code to be linked to the GNU C library, glibc.  You do not have "
"to release the source code which has been dynamically linked to an LGPLed "
"library."
msgstr ""

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"If you statically link an application with glibc, such as is often required "
"in embedded systems, you cannot keep your application proprietary, that is, "
"the source must be released.  Both the GPL and LGPL require any "
"modifications to the code directly under the license to be released."
msgstr ""

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msgid "Open Source licenses and the Orphaning Problem"
msgstr ""

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"One of the serious problems associated with proprietary software is known as "
"\"orphaning\".  This occurs when a single business failure or change in a "
"product strategy causes a huge pyramid of dependent systems and companies to "
"fail for reasons beyond their control.  Decades of experience have shown "
"that the momentary size or success of a software supplier is no guarantee "
"that their software will remain available, as current market conditions and "
"strategies can change rapidly."
msgstr ""

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msgid ""
"The GPL attempts to prevent orphaning by severing the link to proprietary "
"intellectual property."
msgstr ""

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msgid ""
"A BSD license gives a small company the equivalent of software-in-escrow "
"without any legal complications or costs.  If a BSD-licensed program becomes "
"orphaned, a company can simply take over, in a proprietary manner, the "
"program on which they are dependent.  An even better situation occurs when a "
"BSD code-base is maintained by a small informal consortium, since the "
"development process is not dependent on the survival of a single company or "
"product line.  The survivability of the development team when they are "
"mentally in the zone is much more important than simple physical "
"availability of the source code."
msgstr ""

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msgid "What a license cannot do"
msgstr ""

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"No license can guarantee future software availability.  Although a copyright "
"holder can traditionally change the terms of a copyright at anytime, the "
"presumption in the BSD community is that such an attempt simply causes the "
"source to fork."
msgstr ""

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"The GPL explicitly disallows revoking the license.  It has occurred, "
"however, that a company (Mattel) purchased a GPL copyright (cphack), revoked "
"the entire copyright, went to court, and prevailed <<two>>.  That is, they "
"legally revoked the entire distribution and all derivative works based on "
"the copyright.  Whether this could happen with a larger and more dispersed "
"distribution is an open question; there is also some confusion regarding "
"whether the software was really under the GPL."
msgstr ""

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"In another example, Red Hat purchased Cygnus, an engineering company that "
"had taken over development of the FSF compiler tools.  Cygnus was able to do "
"so because they had developed a business model in which they sold support "
"for GNU software.  This enabled them to employ some 50 engineers and drive "
"the direction of the programs by contributing the preponderance of "
"modifications.  As Donald Rosenberg states \"projects using licenses like "
"the GPL...live under constant threat of having someone take over the project "
"by producing a better version of the code and doing it faster than the "
"original owners.\" <<three>>"
msgstr ""

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msgid "GPL Advantages and Disadvantages"
msgstr ""

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msgid ""
"A common reason to use the GPL is when modifying or extending the gcc "
"compiler.  This is particularly apt when working with one-off specialty CPUs "
"in environments where all software costs are likely to be considered "
"overhead, with minimal expectations that others will use the resulting "
"compiler."
msgstr ""

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"The GPL is also attractive to small companies selling CDs in an environment "
"where \"buy-low, sell-high\" may still give the end-user a very inexpensive "
"product.  It is also attractive to companies that expect to survive by "
"providing various forms of technical support, including documentation, for "
"the GPLed intellectual property world."
msgstr ""

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"A less publicized and unintended use of the GPL is that it is very favorable "
"to large companies that want to undercut software companies.  In other "
"words, the GPL is well suited for use as a marketing weapon, potentially "
"reducing overall economic benefit and contributing to monopolistic behavior."
msgstr ""

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msgid ""
"The GPL can present a real problem for those wishing to commercialize and "
"profit from software.  For example, the GPL adds to the difficulty a "
"graduate student will have in directly forming a company to commercialize "
"his research results, or the difficulty a student will have in joining a "
"company on the assumption that a promising research project will be "
"commercialized."
msgstr ""

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"For those who must work with statically-linked implementations of multiple "
"software standards, the GPL is often a poor license, because it precludes "
"using proprietary implementations of the standards.  The GPL thus minimizes "
"the number of programs that can be built using a GPLed standard.  The GPL "
"was intended to not provide a mechanism to develop a standard on which one "
"engineers proprietary products.  (This does not apply to Linux applications "
"because they do not statically link, rather they use a trap-based API.)"
msgstr ""

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"The GPL attempts to make programmers contribute to an evolving suite of "
"programs, then to compete in the distribution and support of this suite.  "
"This situation is unrealistic for many required core system standards, which "
"may be applied in widely varying environments which require commercial "
"customization or integration with legacy standards under existing (non-GPL) "
"licenses.  Real-time systems are often statically linked, so the GPL and "
"LGPL are definitely considered potential problems by many embedded systems "
"companies."
msgstr ""

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"The GPL is an attempt to keep efforts, regardless of demand, at the research "
"and development stages.  This maximizes the benefits to researchers and "
"developers, at an unknown cost to those who would benefit from wider "
"distribution."
msgstr ""

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"The GPL was designed to keep research results from transitioning to "
"proprietary products.  This step is often assumed to be the last step in the "
"traditional technology transfer pipeline and it is usually difficult enough "
"under the best of circumstances; the GPL was intended to make it impossible."
msgstr ""

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msgid "BSD Advantages"
msgstr ""

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"A BSD style license is a good choice for long duration research or other "
"projects that need a development environment that:"
msgstr ""

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msgid "has near zero cost"
msgstr ""

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msgid "will evolve over a long period of time"
msgstr ""

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msgid ""
"permits anyone to retain the option of commercializing final results with "
"minimal legal issues."
msgstr ""

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"This final consideration may often be the dominant one, as it was when the "
"Apache project decided upon its license:"
msgstr ""

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msgid ""
"\"This type of license is ideal for promoting the use of a reference body of "
"code that implements a protocol for common service.  This is another reason "
"why we choose it for the Apache group - many of us wanted to see HTTP "
"survive and become a true multiparty standard, and would not have minded in "
"the slightest if Microsoft or Netscape choose to incorporate our HTTP engine "
"or any other component of our code into their products, if it helped further "
"the goal of keeping HTTP common... All this means that, strategically "
"speaking, the project needs to maintain sufficient momentum, and that "
"participants realize greater value by contributing their code to the "
"project, even code that would have had value if kept proprietary.\""
msgstr ""

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"Developers tend to find the BSD license attractive as it keeps legal issues "
"out of the way and lets them do whatever they want with the code.  In "
"contrast, those who expect primarily to use a system rather than program it, "
"or expect others to evolve the code, or who do not expect to make a living "
"from their work associated with the system (such as government employees), "
"find the GPL attractive, because it forces code developed by others to be "
"given to them and keeps their employer from retaining copyright and thus "
"potentially \"burying\" or orphaning the software.  If you want to force "
"your competitors to help you, the GPL is attractive."
msgstr ""

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"A BSD license is not simply a gift.  The question \"why should we help our "
"competitors or let them steal our work?\" comes up often in relation to a "
"BSD license.  Under a BSD license, if one company came to dominate a product "
"niche that others considered strategic, the other companies can, with "
"minimal effort, form a mini-consortium aimed at reestablishing parity by "
"contributing to a competitive BSD variant that increases market competition "
"and fairness.  This permits each company to believe that it will be able to "
"profit from some advantage it can provide, while also contributing to "
"economic flexibility and efficiency.  The more rapidly and easily the "
"cooperating members can do this, the more successful they will be.  A BSD "
"license is essentially a minimally complicated license that enables such "
"behavior."
msgstr ""

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msgid ""
"A key effect of the GPL, making a complete and competitive Open Source "
"system widely available at cost of media, is a reasonable goal.  A BSD style "
"license, in conjunction with ad-hoc-consortiums of individuals, can achieve "
"this goal without destroying the economic assumptions built around the "
"deployment-end of the technology transfer pipeline."
msgstr ""

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msgid "Specific Recommendations for using a BSD license"
msgstr ""

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msgid ""
"The BSD license is preferable for transferring research results in a way "
"that will widely be deployed and most benefit an economy.  As such, research "
"funding agencies, such as the NSF, ONR and DARPA, should encourage in the "
"earliest phases of funded research projects, the adoption of BSD style "
"licenses for software, data, results, and open hardware.  They should also "
"encourage formation of standards based around implemented Open Source "
"systems and ongoing Open Source projects."
msgstr ""

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"Government policy should minimize the costs and difficulties in moving from "
"research to deployment.  When possible, grants should require results to be "
"available under a commercialization friendly BSD style license."
msgstr ""

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"In many cases, the long-term results of a BSD style license more accurately "
"reflect the goals proclaimed in the research charter of universities than "
"what occurs when results are copyrighted or patented and subject to "
"proprietary university licensing. Anecdotal evidence exists that "
"universities are financially better rewarded in the long run by releasing "
"research results and then appealing to donations from commercially "
"successful alumni."
msgstr ""

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"Companies have long recognized that the creation of de facto standards is a "
"key marketing technique. The BSD license serves this role well, if a company "
"really has a unique advantage in evolving the system. The license is legally "
"attractive to the widest audience while the company's expertise ensures "
"their control. There are times when the GPL may be the appropriate vehicle "
"for an attempt to create such a standard, especially when attempting to "
"undermine or co-opt others. The GPL, however, penalizes the evolution of "
"that standard, because it promotes a suite rather than a commercially "
"applicable standard. Use of such a suite constantly raises commercialization "
"and legal issues. It may not be possible to mix standards when some are "
"under the GPL and others are not. A true technical standard should not "
"mandate exclusion of other standards for non-technical reasons."
msgstr ""

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msgid ""
"Companies interested in promoting an evolving standard, which can become the "
"core of other companies' commercial products, should be wary of the GPL. "
"Regardless of the license used, the resulting software will usually devolve "
"to whoever actually makes the majority of the engineering changes and most "
"understands the state of the system. The GPL simply adds more legal friction "
"to the result."
msgstr ""

#. type: Plain text
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:281
msgid ""
"Large companies, in which Open Source code is developed, should be aware "
"that programmers appreciate Open Source because it leaves the software "
"available to the employee when they change employers. Some companies "
"encourage this behavior as an employment perk, especially when the software "
"involved is not directly strategic. It is, in effect, a front-loaded "
"retirement benefit with potential lost opportunity costs but no direct "
"costs. Encouraging employees to work for peer acclaim outside the company is "
"a cheap portable benefit a company can sometimes provide with near zero "
"downside."
msgstr ""

#. type: Plain text
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:282
msgid ""
"Small companies with software projects vulnerable to orphaning should "
"attempt to use the BSD license when possible. Companies of all sizes should "
"consider forming such Open Source projects when it is to their mutual "
"advantage to maintain the minimal legal and organization overheads "
"associated with a true BSD-style Open Source project."
msgstr ""

#. type: Plain text
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:283
msgid ""
"Non-profits should participate in Open Source projects when possible. To "
"minimize software engineering problems, such as mixing code under different "
"licenses, BSD-style licenses should be encouraged. Being leery of the GPL "
"should particularly be the case with non-profits that interact with the "
"developing world. In some locales where application of law becomes a costly "
"exercise, the simplicity of the new BSD license, as compared to the GPL, may "
"be of considerable advantage."
msgstr ""

#. type: Title ==
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:285
#, no-wrap
msgid "Conclusion"
msgstr ""

#. type: Plain text
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:290
msgid ""
"In contrast to the GPL, which is designed to prevent the proprietary "
"commercialization of Open Source code, the BSD license places minimal "
"restrictions on future behavior.  This allows BSD code to remain Open Source "
"or become integrated into commercial solutions, as a project's or company's "
"needs change.  In other words, the BSD license does not become a legal time-"
"bomb at any point in the development process."
msgstr ""

#. type: Plain text
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:292
msgid ""
"In addition, since the BSD license does not come with the legal complexity "
"of the GPL or LGPL licenses, it allows developers and companies to spend "
"their time creating and promoting good code rather than worrying if that "
"code violates licensing."
msgstr ""

#. type: Title ==
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:295
#, no-wrap
msgid "Bibliographical References"
msgstr ""

#. type: Plain text
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:298
msgid "[[[one,1]]] http://www.gnu.org/licenses/gpl.html"
msgstr ""

#. type: Plain text
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:300
msgid ""
"[[[two,2]]] http://archives.cnn.com/2000/TECH/computing/03/28/cyberpatrol."
"mirrors/"
msgstr ""

#. type: Plain text
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:302
msgid ""
"[[[three,3]]] Open Source: the Unauthorized White Papers, Donald K. "
"Rosenberg, IDG Books, 2000. Quotes are from page 114, \"Effects of the GNU "
"GPL\"."
msgstr ""

#. type: Plain text
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:304
msgid ""
"[[[four,4]]] In the \"What License to Use?\" section of http://www.oreilly."
"com/catalog/opensources/book/brian.html"
msgstr ""

#. type: Plain text
#: documentation/content/en/articles/bsdl-gpl/_index.adoc:305
msgid ""
"This whitepaper is a condensation of an original work available at http://"
"alumni.cse.ucsc.edu/~brucem/open_source_license.htm"
msgstr ""