[License-discuss] Total Reciprocity Public License (TRPL v1.0)
Gil Yehuda
tenorgil at gmail.com
Thu Dec 4 01:04:57 UTC 2025
Bruce,
This was a minor comment relative to the larger point. There is nothing
fundamentally wrong with a list of examples. It did, however, cause me to
pause and see if I could understand what was in or out. I was unsure. That
seemed worth mentioning as feedback to the OP.
Let that not interfere with my larger points. I think this license can’t be
complied with, even if fixed, offers little to the open source industry,
and seems like it would make software licensed this way very unattractive
to use. At most hopeful, if this is supposed to improve AGPL, I’d start
with AGPL’s text and explore where and why improvements could be made.
Gil
On Wed, Dec 3, 2025 at 7:19 PM Bruce Perens via License-discuss <
license-discuss at lists.opensource.org> wrote:
> Gil wrote:
>
> when licenses say “This includes, but is not limited to” that
> automatically creates a speed bump where a reader (and their lawyer) have
> to imagine if this includes something surprisingly not intended. It creates
> a very broad scope
>
> Really? I would have thought that it only did just what it said: to make
> clear that inclusion did not imply limitation. I don't see why that broad
> scope would not exist before any such statement and would be activated by
> that text.
>
> Are there any actual cases where this was debated?
>
> Thanks
>
> Bruce
>
> On Wed, Dec 3, 2025 at 8:23 AM Gil Yehuda <tenorgil at gmail.com> wrote:
>
>> Jay,
>> If you intend to ask for critique, there’s quite a bit — from nitpicking
>> details to fundamental flaws. I’ll list some of the apparent ones below as
>> I read the license text.
>> If you intend to suggest this as a new open source license that would
>> meet the OSD, I don’t think this will do.
>>
>> As I read the license:
>>
>> - Preamble: Licenses are documents that grant rights under
>> conditions. This text suggests that the license can guarantee freedom,
>> indeed “radical” freedom (I’m not sure of the difference) in software
>> architecture (not just code?). Licenses should articulate the rights they
>> grant and the conditions under which those rights are granted. Preambles
>> are great to convey intent which helps when trying to interpret ambiguity;
>> but they also reveal cases where the intent is to express a wish for how
>> things ought to be in the world. That’s better expressed in a manifesto,
>> not a legal document.
>> - “Intimate Communication” is one of my favorite terms found in
>> software licenses since it makes people think we’re also dabbling in
>> marriage counseling. My constructive comment here is that when licenses say
>> “This includes, but is not limited to” that automatically creates a speed
>> bump where a reader (and their lawyer) have to imagine if this includes
>> something surprisingly not intended. It creates a very broad scope — and
>> that’s going to warn me to stay away from using code under this license
>> because I might intent to comply only to learn that the scope was even
>> broader than assumed.
>> - “Content Output” is defined with two terms “human consumption or
>> data storage” — I understand the first to exclude non-human uses and the
>> second to exclude the use of data that is not stored. I note this because
>> of the next phrase...
>> - “Deployment” is defined with a curious inclusion of the term
>> “internally or externally” which I assume means in the context of a
>> corporation (not of “human consumption” in the above clause — right?!) If
>> so, then “internally” suggests that if I deploy my application onto my work
>> computer for use by my work colleagues, then the copyright license
>> considers this to be “deployment’ subject to copyright protection. I do not
>> believe that would hold up in the current interpretation of copyright laws.
>> - “Consequently” (line 40) is where this becomes quite challenging.
>> If I create a system with code licensed under TRPL 1.0 that shares data
>> with any proprietary software to achieve a unified functional goal — this
>> license declares that the proprietary software becomes part of a "Combined
>> Work” that I must release its source code under the terms of this license.
>> But what if that proprietary software is not mine to release? I might not
>> even have the source code? Let’s say I license the proprietary edition of
>> Postman and use it to make an API call to software under TRPL 1.0 —
>> internally (to my corporation, not in my body). I now have to acquire and
>> release Postman’s proprietary source code under the TRPL 1.0 license? How
>> would I go about doing that? Since there’s no definition of “release” here,
>> can I assume that if I deploy internally, then I can release internally
>> too? You see that would not help promote your intent. This section of the
>> license seems to convey how you wish software would work — but it does not
>> clarify how I, a potential user of software licensed under this license,
>> needs to do to make the world work that way.
>>
>>
>> I’m concerned there is little practical use of this license since any
>> software licensed this way, no matter how appealing that software may be,
>> is automatically going to pose a threat to the rest of my software. Given
>> that software is subject to copyright, and that as a user of software, I
>> seek to honor other people’s copyrights, this license would make it nearly
>> impossible to do so. I’d always have to limit my use of this software to
>> ensure I don’t inadvertently infringe other people’s rights.
>>
>> Rather than a license, maybe we can collectively imagine what the past
>> 40-50 years of technology would have been like had there been no copyright
>> on source code. I imagine it would be different — better in some ways,
>> worse in others. This license appears to invoke that imagination. But since
>> source code is subject to copyright laws, I think the licenses should do
>> their best to work within that context, granting rights that the grantor
>> wishes to grant, and imposing conditions that the users of the software
>> wish to, and can, comply with. This text falls short on the second part, at
>> least for me.
>>
>> Gil
>>
>>
>>
>> On Dec 3, 2025, at 12:59 AM, Jay Patel <jaypatel.ani at gmail.com> wrote:
>>
>> I am reaching out to community to collect feedback on the proposed
>> license.
>>
>> Here is text of License:
>>
>> https://github.com/trplfoundation/trpl-license/blob/main/LICENSE
>>
>> Thanks,
>>
>> Jay
>>
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>
>
> --
> Bruce Perens K6BP
> _______________________________________________
> The opinions expressed in this email are those of the sender and not
> necessarily those of the Open Source Initiative. Official statements by the
> Open Source Initiative will be sent from an opensource.org email address.
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