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 - GNU Project - Free Software Foundation</title>
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 <h2>On the Netscape Public License (Original Version)</h2>
 
 <address class="byline">by <a href="https://www.stallman.org/">Richard
 Stallman</a></address>
 
 <div class="infobox"><p>
 <em>This article was written March 10-12 1998, about the
 draft of the NPL which was available at that time.</em></p>
 </div>
 <hr class="thin" />
 
 <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&mdash;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&mdash;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&mdash;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&mdash;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 &ldquo;privacy.&rdquo; 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&mdash;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&mdash;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&mdash;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 &ldquo;GNU&rdquo; 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&mdash;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&mdash;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&mdash;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>
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