GNU GPL and Open Source Definition

[David Johnson]

On Monday 06 May 2002 07:33 pm, Matthew Weigel wrote:

> > The GPL as normally used does not have any of these restrictions.
> > These copies
> > of the GPL (and the software under them) fully comply with the
> > OSD. In the
> > case that there would be a restriction added due to this clause,
> > then that
> > particular instance of the GPL and the software would NOT be Open
> > Source.
> > (neither would it be Free Software)
>
> So, in your opinion, problems like Skylarov's current plight with
> the FBI are
> *unavoidable* in open source and free software?

Let's imagine Skylarov released his software as Open Source (I know, it's 
fantasy, but just imagine). Imagine that he used the GPL. Imagine that he had 
an additional clause that restricted its use in the United States. Now 
imagine Skylarov came to the US to give a talk. Do you really think that 
clause would have prevented his arrest? I don't think that at all.

An aside: If I lived in the US, and I do, and Skylarov distributed a GPL 
program with an additional clause that said it could not be used in the US, 
then I wouldn't consider either Free or Open. How could I? I can't use it! No 
amount of rhetoric from RMS or ESR could possibly convince me that I am free 
to use, distribute and modify software that I am not free to use, distribute 
and modify.

> *Any* software under *any* free or open source license exposes its
> authors and
> contributors to being arrested in foreign countries (and,
> hypothetically,
> extradition)?

If it's Free and Open Source Software, then it cannot restrict people from 
using or distributing it based on which nation they live in.

There would be a very big problem if we opened up this loophole, and allowed 
Open Source Software to have restrictions based on locale. We would get 
spurious and frivolous restrictions. I can easily imagine certain Linux forks 
being declared off limits to US citizens because some people wanted to make a 
political statement about the DMCA. I can easily imagine some Linux distros 
with multiple releases based on where you live, or with non-us, non-france, 
non-afghanistan and non-abudabhi directories.

---

Please note that I am not one of those people who believe that if it isn't 
Free Software then it must be Evil. If someone has a valid reason for 
restricting its use or distribution (it includes encryption, patented 
algorithms, etc) then I can't fault them for it. But don't call it free.

-- 
David Johnson
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