[License-discuss] Strong and weak copyleft
Lawrence Rosen
lrosen at rosenlaw.com
Fri Apr 10 19:01:04 UTC 2015
Jim Jagielski wants to compete with definitions of "copyleft". :-)
Here's what I wrote in my own book ("Open Source Licensing: Software Freedom
and Intellectual Property Law" in chapter 5, page 105, in the section on
"Copyleft and Reciprocity").
"The Free Software Foundation also describes copyleft as a
rule that, when redistributing a program, one cannot add
restrictions to deny other people the central software freedoms.
The word restriction is very vague in a licensing context;
almost any of the terms and conditions in a license can be
described as a restriction of some sort. This limitation on
restrictions in the definition of copyleft causes some attorneys,
including me, heartburn."
Here's what I concluded about "copyleft" at the end of that section:
"But I do not find the term useful and I won't use that word again
In this book."
/Larry
-----Original Message-----
From: Jim Jagielski [mailto:jim at jimjag.com]
Sent: Friday, April 10, 2015 11:14 AM
To: lrosen at rosenlaw.com; license-discuss at opensource.org
Subject: Re: [License-discuss] Strong and weak copyleft
I wasn't disagreeing, per se, with the "VERY WEAK", et.al.
classification, it's just that I would not consider either of them copyleft
at all.
"Copyleft is a general method for making a program (or other work)
free, and requiring all modified and extended versions of the
program to be free as well."
:)
> On Apr 10, 2015, at 12:20 PM, Lawrence Rosen <lrosen at rosenlaw.com> wrote:
>
> Jim Jagielski wrote:
>> I would even question whether Apache and CCO are really "copyleft" in
>> any
> way... :)
>
> If we're going to invent a distinction between strong and weak, let's
> make it a thorough one. :-)
>
> As for Apache, it includes conditions regarding patent defense and
> notices that are tied directly to the copyright grant. That's "VERY
> WEAK" but more than CC0.
>
> As for CC0, I can't think of a better example of "ULTRA-WEAK" given
> that we're obviously making up the terms as we go. I was initially
> going to reference CC-BY, but given Apache's reluctance to allow that
> license I wasn't sure which one was "VERY" and which was "ULTRA". Or
> why, if the CC-BY license has nothing to do with copyleft, Apache doesn't
like it. Silliness!
>
> We're inventing these distinctions merely to prevent all these various
> FOSS works from being combined into aggregates without copyleft worry.
> This is a waste of great software opportunity.
>
> /Larry
>
>
>
> -----Original Message-----
> From: Jim Jagielski [mailto:jim at jimjag.com]
> Sent: Friday, April 10, 2015 6:03 AM
> To: lrosen at rosenlaw.com; license-discuss at opensource.org
> Subject: Re: [License-discuss] Strong and weak copyleft
>
> I would even question whether Apache and CCO are really "copyleft" in
> any way... :)
>
>> On Apr 9, 2015, at 4:35 PM, Lawrence Rosen <lrosen at rosenlaw.com> wrote:
>>
>> Maybe we can summarize so far:
>>
>> ULTRA-STRONG (AGPL)
>> STRONG (GPL)
>> MORE THAN WEAK (LGPL)
>> ALMOST WEAK (EPL)
>> WEAK (MPL)
>> VERY WEAK (APACHE)
>> ULTRA-WEAK (CC0)
>>
>> This rather simple scale is not reflected in copyright law or any
>> relevant cases. It is not part of the Free Software Guidelines or the
>> Open Source Definition. It bears no resemblance whatsoever to the
>> definition of "derivative work." It is based here in this thread on
>> obscure quotes from various websites or opinions about "license
>> author's intent" without quoting the actual provisions of the
>> licenses
> that enable these vague distinctions.
>>
>> This is one of the issues raised by the VMware complaint in Germany,
>> and we're expecting a court to make a decision about how strong the
>> GPL is. This email thread is still not very helpful.
>>
>> /Larry
>>
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