Every so often - in conjunction with Google Code, for example - someone brings up the topic of "license proliferation." What does that mean?
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License proliferation refers quite literally to the increase in the number of free and open source licenses. The Open Source Initiative, or OSI, is commonly considered the arbiter of what does and does not qualify as an open source license. Because licenses are the manifestation of a diverse set of goals and philosophies, having a single license for all projects is not realistic. Compounding the problem, in years past, it was common for commercial vendors engaging in open source to produce their own open source licenses, or so-called "vanity licenses," which borrowed from other existing licenses but were otherwise unique. These conditions led to a number of concerns, among them a fear that the number of FOSS licenses could impede the adoption of free and open source software by overwhelming counsel with dozens of unique licenses, each requiring its own review. What is less agreed upon is to what extent this is still a problem. Some argue that license is still a serious concern, while others are of the opinion that a manageable number of licenses have emerged as default choices. |
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License proliferation occurs when a person or group starting a new open source project decide to create a new license because they can't find an existing license that suits them perfectly. The typical reasons for this are that they like some terms in one license (maybe around copyright or patent provisions) and other terms from another license (maybe around derivative works). An example of this proliferation occurred when commercial open source companies wanted a license that included an attribution clause. As there was no such license available they typically added a clause to the Mozilla Public License and ended up with their own license. To counter this proliferation the OSI approved the CPAL license (http://www.opensource.org/licenses/cpal_1.0). The number and complexity of FOSS licenses is often listed as one of the barriers that prevents wider adoption of FOSS because it increases the risk and cost of adopting and contributing to FOSS projects. For this reason license proliferation is discouraged and FOSS projects are encouraged to use existing licenses. |
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License proliferation, in the discussion of free-software licensing, is the increase in distinct license texts. Since the default of copyright is to grant no permission to do anything with the work, and the license text needs to be carefully worded to grant specific permissions to the recipient, these distinct license texts are usually incompatible: a work licensed under one set of terms, if combined somehow with a work licensed under some other set of terms, will usually not result in a work with the requisite permissions for free software (often, it doesn't even result in a coherent license to do anything with the combined work). This is bad, because combining works is desirable when working with free software, but only if the result is still free software. If the combined license terms aren't compatible, or don't result in free software, a possible saving of effort is denied: the resulting work is subject to all the terms of all the combined license texts, and the overlap is usually more restrictive, sometimes terminally so. So a lot of effort goes into combatting the natural tendency of clever hackers to think they can be clever license-text-drafters as well. It's much kinder to the recipients of a work if that work is licensed under terms that are:
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