I have been noticing in my LUG’s mailing list that some people (even the geeky linux-friendly sort) have a hard time defining “free software” and “open source software”, and sometimes take this topic as if there was a good vs. evil war going on.
“Free software” and “open source software” are notoriously loose terms
The advocates of “open source software” tried to make it a trademark, saying this would enable them to prevent misuse. This initiative was later dropped, the term being too descriptive to qualify as a trademark; thus, the legal status of “open source” is the same as that of “free software”: there is no legal constraint on using it.
Free software aficionados are usually quick to point out that ‘free software is software that fulfills the 4 freedoms in the Free Software Definition of the FSF’.
Recently, somebody wrote to the aforementioned mailing list saying that software is free or not irrespectively of what the FSF says. It just needs to fulfill the 4 freedoms. But then again, who decides whether the 4 freedoms are fulfilled? The problem is that when you say ‘This program is free software’, as Bill Clinton famously put it (in a different context),
It depends on what the meaning of the word ‘is’ is.
That is, the 4 freedoms are not a mathematical expression that can be evaluated unequivocally. They are not even in legal language that can be argued in court (as my colleague Rowan noted). Something similar happens with the Open Source Definition of the OSI.
Somebody replied in the LUG’s mailing list saying that all you need is to ask a lawyer who knows about licences, and he or she will tell you whether the 4 freedoms are fulfilled. But this is not good enough, obviously, as different lawyers may have different opinions, and as I said before, the 4 freedoms are not in legal language.
What is more, not even the FSF thinks that the 4 freedoms are a perfect expression of the idea they have about “free software”
Finally, note that criteria such as those stated in this free software definition require careful thought for their interpretation. To decide whether a specific software license qualifies as a free software license, we judge it based on these criteria to determine whether it fits their spirit as well as the precise words. If a license includes unconscionable restrictions, we reject it, even if we did not anticipate the issue in these criteria. Sometimes a license requirement raises an issue that calls for extensive thought, including discussions with a lawyer, before we can decide if the requirement is acceptable. When we reach a conclusion about a new issue, we often update these criteria to make it easier to see why certain licenses do or don’t qualify.
So if we cannot rely on the Definition of Free Software, does this mean that we cannot define “free software” at all? In fact we can, if we accept that free software is software released under a free licence. In this case, free form language gets hammered down into the legal mold, and a lot of ambiguity is removed.
Of course the burden is now on deciding which licences are free and which ones aren’t. Accepting that free licences are licences that the FSF say are free seems to cause a lot of discomfort to some people.
This is not so much of a problem with the open source community, who seems more willing to accept that open source licences are not those that are believed to fulfill the Open Source Definition, but those that the OSI certifies are open source (and that’s the approach we follow in OSS Watch too). The OSI has even registered the “Open Source Initiative Approved” trademark for specific software products.
I guess that the reason why giving the last word in terms of “free” to the FSF causes discomfort with some people is that the free software community is built on the idea of freedom as a paramount value, not only for software but for society as a whole, and that subordinating “free” to the FSF is giving away part of that freedom. In the end, “free” would be a badge awarded by an opaque team of lawyers.
At the same time, I don’t think that anybody would seriously consider as a better option to have any number of licences, each of which needs to be evaluated by each individual in order to decide whether they are free or not.
Both the OSI and the FSF have approval processes in place to decide not only whether a licence fulfills certain requirements, but also to make sure that it is not similar to an existing one and thus cutting down licence proliferation.
Licence proliferation is the enemy from within for open and free software, because it is possible to have licences that fulfill the open and free definition, but at the same time prevent different projects to combine their outputs and collaborate. The most significant example being the incompatibility between the GPL v2 and Apache License v2 (the GPL v3 is compatible with Apache Licence v2, though).
I believe that at this point the need to standarize licences, make them compatible and reduce their number outweights the risk of the FSF going awry, and hence I’m happy with the statement “Free software is software released under a licence approved by the FSF”.