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author | Christian Grothoff <christian@grothoff.org> | 2020-10-11 13:29:45 +0200 |
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committer | Christian Grothoff <christian@grothoff.org> | 2020-10-11 13:29:45 +0200 |
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diff --git a/talermerchantdemos/blog/articles/en/netscape-npl-old.html b/talermerchantdemos/blog/articles/en/netscape-npl-old.html new file mode 100644 index 0000000..ecd02a9 --- /dev/null +++ b/talermerchantdemos/blog/articles/en/netscape-npl-old.html @@ -0,0 +1,294 @@ +<!--#include virtual="/server/header.html" --> +<!-- Parent-Version: 1.77 --> +<title>Netscape Public License +- GNU Project - Free Software Foundation</title> +<!--#include virtual="/philosophy/po/netscape-npl-old.translist" --> +<!--#include virtual="/server/banner.html" --> +<h2>On the Netscape Public License (Original Version)</h2> + +<p> +by <a href="http://www.stallman.org/"><strong>Richard Stallman</strong></a> +</p> + +<div class="announcement"> +<blockquote><p>This article was written March 10-12 1998, about the +draft of the NPL which was available at that time.</p></blockquote> +</div> + +<p> +The Netscape Public License or NPL represents a serious attempt to +design new free software distribution terms. It is an interesting +attempt, but it has major flaws which need to be corrected. One flaw +is so serious that we should regard it as making a program nonfree. +The others have diverse consequences: one sends a bad philosophical +message, while another creates a major practical problem for the free +software community.</p> + +<p> +The NPL is still a draft, and still being changed; the aim of this +article is not to attack and condemn, but to encourage improvements in +the NPL. If some of these problems have been corrected by the time +you read this, so much the better, and we can put those obsolete +issues aside.</p> + +<h3>1. Not all users are equal</h3> + +<p> +The first problem I noticed in the NPL was that it does not give +Netscape and the rest of us equal rights, as the GNU GPL does. Under +the NPL, we can use Netscape's code only as specified in the NPL, but +Netscape can use our changes in any way at all—even in +proprietary licensed versions of the software.</p> + +<p> +The problem here is subtle, because this does not make the program +nonfree. It does not stop us from redistributing the program, or +from changing it; it does not deny us any particular freedom. +Considered from a purely pragmatic viewpoint, it may not look like a +problem at all.</p> + +<p> +The problem lies in the deeper message embodied in this condition. It +denies the idea of cooperation among equals that our community rests +on, and says that working on a free program means contributing to a +proprietary software product. Those who accept this condition are +likely to be changed by it, and the change will not strengthen our +community.</p> + +<p> +One proposed solution for this asymmetry is to put a time limit on +it—perhaps three or five years. That would be a big +improvement, because the time limit would deny the problematical +deeper message.</p> + +<p> +The practical effects of this condition are minimized by another +drawback of the NPL: it is not designed as a thorough copyleft. In +other words, it does not try very hard to ensure that modifications +made by users are available as free software.</p> + +<h3>2. Not a copyleft</h3> + +<p> +The NPL has the form of a copyleft; it explicitly says that all +modifications made by users must be released under the NPL. But this +applies only to modifications to the existing code—not to added +subroutines, if they are put in separate files. As a practical +matter, this means it is easy to make proprietary changes if you want +to: just put the bulk of your code into a separate file, and call the +collection a Larger Work. Only the subroutine calls added to the old +files will have to be released under the NPL, and they will not be +very useful on their own.</p> + +<p> +The lack of real copyleft is not a catastrophe; it does not make the +software nonfree. For example, the XFree86 distribution terms do not +try to use copyleft at all, yet XFree86 is free software nonetheless. +BSD is also non-copylefted free software (although the BSD terms have +a <a href="/licenses/bsd.html">serious drawback</a> and should not +be imitated—if you want to release non-copylefted free software, +please use the XFree86 terms instead). Netscape software can also +be <a href="/philosophy/categories.html">free software</a> without +being copylefted.</p> + +<p> +However, while this is not catastrophic, it is nonetheless a drawback. +And because the NPL looks like a copyleft, some users may be confused +about it, and might adopt the NPL, thinking that they are obtaining +the benefits of copyleft for their software, when that is not the +case. To avoid this outcome, we will need to work hard to educate +people about an issue that is not easy to explain in a few words.</p> + + +<h3>3. Not respecting privacy</h3> + +<p> +The next problem in the NPL is a show-stopper: if you make a change, +you are required to publish it. Private changes for your own use are +not allowed; distributing a change only to a few friends is also +forbidden.</p> + +<p> +When we think about the issues of free software, we usually focus on +the freedom to distribute and modify, because this is what software +developers most often try to prevent. But the freedom NOT to +distribute a copy, when you don't wish to, is also important. For +example, the freedom to make a modification and not show it to anyone +is part of what we call “privacy.” The freedom to +distribute your modification to a few friends, but not show it to the +general public (or not show it YET) is also essential. (Of course, if +the program is free, your friends will be free to pass it on to others +if they want to—but they will not be required to.)</p> + +<p> +Correcting the NPL to respect this basic freedom is absolutely +essential, and our community must insist firmly on this. It is not +worth sacrificing a vital freedom for one additional program, no +matter how useful and exciting it may be.</p> + +<h3>4. Not compatible with the GPL</h3> + +<p> +There is one other serious problem in the NPL: it is incompatible with +the GNU GPL. It is impossible to combine NPL-covered code and GNU +GPL-covered code together in one program, not even by linking separate +object files or libraries; no matter how this is done, it has to +violate one license or the other.</p> + +<p> +This conflict occurs because the GPL is serious about copyleft: it was +designed to ensure that all changes and extensions to a free program +must be free. So it does not leave a loophole for making changes +proprietary by putting them into a separate file. To close this +loophole, the GPL does not allow linking the copylefted program with +code that has other restrictions or conditions—such as the +NPL.</p> + +<p> +Being incompatible with the GPL does not make a program nonfree; it +does not raise a basic ethical issue. But it is likely to create a +serious problem for our community, dividing the code base into two +collections that cannot be mixed. As a practical matter, this problem +needs to be solved.</p> + +<p> +Solving this by changing the GPL is possible, but that would entail +abandoning copyleft—which would do more harm than good. But it +is possible to solve this problem with a small change in the NPL. +(See below for a specific way of doing this.)</p> + +<h3>5. A note about names</h3> + +<p> +NPL stands for Netscape Public License, but GPL does not stand for GNU +Public License. The full name of the our license is the GNU General +Public License, abbreviated GNU GPL. Sometimes people leave out the +word “GNU” and write just GPL.</p> + +<h3>Conclusion</h3> + +<p> +Since problems 3 and 4 are the most serious, I hope that people will +politely and rationally explain to Netscape the importance of solving +them. Solutions are available; they just have to decide to use them. +There is talk that Netscape has decided to correct problem 3—but +letting them know this is important to you can't do any harm. There +is no word that they plan to correct problem 4.</p> + +<p> +Here is a possible way to permit linking NPL-covered code and +GPL-covered code together. It can be done by adding these two +paragraphs to the NPL:</p> + +<pre> +A.1. You may distribute a Covered Work under the terms of the GNU + General Public License, version 2 or newer, as published by the + Free Software Foundation, when it is included in a Larger Work + which is as a whole distributed under the terms of the same + version of the GNU General Public License. + +A.2. If you have received a copy of a Larger Work under the terms of a + version or a choice of versions of the GNU General Public + License, and you make modifications to some NPL-covered portions + of this Larger Work, you have the option of altering these + portions to say that their distribution terms are that version or + that choice of versions of GNU General Public License. +</pre> +<p> +This allows people to combine NPL-covered code with GPL-covered code, +and to distribute the combined work under the terms of the GNU +GPL.</p> + +<p> +It permits people to release modifications to such combined works +under the terms of the GNU GPL—but the easiest way to release +them is under the NPL.</p> + +<p> +When people take advantage of A.2, their changes will be released only +under the terms of the GNU GPL; so these changes would not be +available for Netscape to use in proprietary versions. It makes sense +that Netscape would see this as unfortunate.</p> + +<p> +However, the NPL gives proprietary software developers an easy way to +make their changes entirely unavailable to Netscape—by putting +their code into separate files and calling the combination a Larger +Work. In fact, this is easier, for them, than A.2 is for GPL +users.</p> + +<p> +If Netscape feels it can live with the trouble of (effectively) +proprietary modifications, surely the trouble of GPL-covered +modifications is a small by comparison. If Netscape believes that +practical considerations will encourage most of the proprietary +software world to release its changes back to Netscape, without being +compelled to, the same reasons ought to apply in the free software +world as well. Netscape should recognize that this change is +acceptable, and adopt it, to avoid confronting free software +developers with a serious dilemma.</p> + +</div><!-- for id="content", starts in the include above --> +<!--#include virtual="/server/footer.html" --> +<div id="footer"> +<div class="unprintable"> + +<p>Please send general FSF & GNU inquiries to +<a href="mailto:gnu@gnu.org"><gnu@gnu.org></a>. +There are also <a href="/contact/">other ways to contact</a> +the FSF. Broken links and other corrections or suggestions can be sent +to <a href="mailto:webmasters@gnu.org"><webmasters@gnu.org></a>.</p> + +<p><!-- TRANSLATORS: Ignore the original text in this paragraph, + replace it with the translation of these two: + + We work hard and do our best to provide accurate, good quality + translations. 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