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License proliferation is the phenomenon of an abundance of already existing and the continued creation of new
software license A software license is a legal instrument (usually by way of contract law, with or without printed material) governing the use or redistribution of software. Under United States copyright law, all software is copyright protected, in both source ...
s for
software Software is a set of computer programs and associated documentation and data. This is in contrast to hardware, from which the system is built and which actually performs the work. At the lowest programming level, executable code consists ...
and software packages in the
FOSS Fos or FOSS may refer to: Companies *Foss A/S, a Danish analytical instrument company * Foss Brewery, a former brewery in Oslo, Norway *Foss Maritime, a tugboat and shipping company Historic houses * Foss House (New Brighton, Minnesota), United ...
ecosystem. License proliferation affects the whole
FOSS Fos or FOSS may refer to: Companies *Foss A/S, a Danish analytical instrument company * Foss Brewery, a former brewery in Oslo, Norway *Foss Maritime, a tugboat and shipping company Historic houses * Foss House (New Brighton, Minnesota), United ...
ecosystem negatively by the burden of increasingly complex license selection, license interaction, and
license compatibility License compatibility is a legal framework that allows for pieces of software with different software licenses to be distributed together. The need for such a framework arises because the different licenses can contain contradictory requirement ...
considerations.OSI and License Proliferation
on fossbazar.com by Martin Michlmayr ''"Too many different licenses makes it difficult for licensors to choose: it's difficult to choose a good license for a project because there are so many. Some licenses do not play well together: some open source licenses do not inter-operate well with other open source licenses, making it hard to incorporate code from other projects. Too many licenses makes it difficult to understand what you are agreeing to in a multi-license distribution: since a FOSS application typically contains code with different licenses and people use many applications which each contain one or several licenses, it's difficult to see what your obligations are."'' (on August 21st, 2008)


Impact

Often when a software developer would like to merge portions of different software programs they are unable to do so because the licenses are incompatible. When software under two different licenses can be merged into a larger software work, the licenses are said to be compatible. As the number of licenses increases, the probability that a
free and open-source software Free and open-source software (FOSS) is a term used to refer to groups of software consisting of both free software and open-source software where anyone is freely licensed to use, copy, study, and change the software in any way, and the source ...
(FOSS) developer will want to merge software that are available under incompatible licenses increases. There is also a greater cost to companies that wish to evaluate every FOSS license for software packages that they use. Strictly speaking, no one is in favor of license proliferation. Rather, the issue stems from the tendency for organizations to write new licenses in order to address real or perceived needs for their software releases.


License compatibility

License proliferation is especially a problem when licenses have only limited or complicated
license compatibility License compatibility is a legal framework that allows for pieces of software with different software licenses to be distributed together. The need for such a framework arises because the different licenses can contain contradictory requirement ...
relationships with other licenses. Therefore, some consider compatibility with the widely used
GNU General Public License The GNU General Public License (GNU GPL or simply GPL) is a series of widely used free software licenses that guarantee end users the Four Freedoms (Free software), four freedoms to run, study, share, and modify the software. The license was th ...
(GPL) an important characteristic, for instance David A. Wheeler as also the
Free Software Foundation The Free Software Foundation (FSF) is a 501(c)#501(c)(3), 501(c)(3) non-profit organization founded by Richard Stallman on October 4, 1985, to support the free software movement, with the organization's preference for software being distributed ...
(FSF), who maintains a list of the licenses that are compatible with the GPL. On the other hand, some recommend
Permissive licenses A permissive software license, sometimes also called BSD-like or BSD-style license, is a free-software license which instead of copyleft protections, carries only minimal restrictions on how the software can be used, modified, and redistributed, ...
, instead of
copyleft license Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, ''freedoms'' refers to the use of the work for any purpose, ...
s, due to the better compatibility with more licenses. The
Apache Foundation The Apache Software Foundation (ASF) is an American nonprofit corporation (classified as a 501(c)(3) organization in the United States) to support a number of open source software projects. The ASF was formed from a group of developers of the ...
for instance criticizes the fact that while the Apache License is compatible with the copyleft GPLv3, the GPLv3 is not compatible with the permissive Apache license — Apache software can be included in GPLv3 software but not vice versa. As another relevant example, the
GPLv2 The GNU General Public License (GNU GPL or simply GPL) is a series of widely used free software licenses that guarantee end users the four freedoms to run, study, share, and modify the software. The license was the first copyleft for general us ...
is by itself not compatible with the
GPLv3 The GNU General Public License (GNU GPL or simply GPL) is a series of widely used free software licenses that guarantee end users the four freedoms to run, study, share, and modify the software. The license was the first copyleft for general us ...
. The 2007 released GPLv3 was criticized by several authors for adding another incompatible license in the FOSS ecosystem.


Vanity licenses

A vanity licenses is a license that is written by a company or person for no other reason than to write their own license (" NIH syndrome"). If a new license is created that has no obvious improvement or difference over another more common FOSS license it can often be criticized as a vanity license. As of 2008, many people create a custom new license for their newly released program, without knowing the requirements for a FOSS license and without realizing that using a nonstandard license can make that program almost useless to others.


Solution approaches


GitHub's stance

In July 2013,
GitHub GitHub, Inc. () is an Internet hosting service for software development and version control using Git. It provides the distributed version control of Git plus access control, bug tracking, software feature requests, task management, continuous ...
started a license selection wizard called ''choosealicense''. GitHub's ''choosealicense'' frontpage offers as a quick selection only three licenses: the
MIT License The MIT License is a permissive free software license originating at the Massachusetts Institute of Technology (MIT) in the late 1980s. As a permissive license, it puts only very limited restriction on reuse and has, therefore, high license comp ...
, the Apache License and the
GNU General Public License The GNU General Public License (GNU GPL or simply GPL) is a series of widely used free software licenses that guarantee end users the Four Freedoms (Free software), four freedoms to run, study, share, and modify the software. The license was th ...
. Some additional licenses are offered on subpages and via links. Following in 2015, approx. 77% of all licensed projects on GitHub were licensed under at least one of these three licenses.


Google's stance

From 2006
Google Code Google Developers (previously Google Code) , application programming interfaces (APIs), and technical resources. The site contains documentation on using Google developer tools and APIs—including discussion groups and blogs for developers usin ...
only accepted projects licensed under the following seven licenses: * Apache License 2.0 *
New BSD License BSD licenses are a family of permissive free software licenses, imposing minimal restrictions on the use and distribution of covered software. This is in contrast to copyleft licenses, which have share-alike requirements. The original BSD lice ...
*
MIT License The MIT License is a permissive free software license originating at the Massachusetts Institute of Technology (MIT) in the late 1980s. As a permissive license, it puts only very limited restriction on reuse and has, therefore, high license comp ...
*
GNU General Public License The GNU General Public License (GNU GPL or simply GPL) is a series of widely used free software licenses that guarantee end users the Four Freedoms (Free software), four freedoms to run, study, share, and modify the software. The license was th ...
2.0 *
GNU Lesser General Public License The GNU Lesser General Public License (LGPL) is a free-software license published by the Free Software Foundation (FSF). The license allows developers and companies to use and integrate a software component released under the LGPL into their own ...
2.1 *
Mozilla Public License The Mozilla Public License (MPL) is a free and open-source weak copyleft license for most Mozilla Foundation software such as Firefox and Thunderbird The MPL license is developed and maintained by Mozilla, which seeks to balance the concerns ...
1.1 *
Artistic License Artistic license (alongside more contextually-specific derivative terms such as poetic license, historical license, dramatic license, and narrative license) refers to deviation from fact or form for artistic purposes. It can include the alterat ...
/
GPL The GNU General Public License (GNU GPL or simply GPL) is a series of widely used free software licenses that guarantee end users the four freedoms to run, study, share, and modify the software. The license was the first copyleft for general u ...
dual-license Multi-licensing is the practice of distributing software under two or more different sets of terms and conditions. This may mean multiple different software licenses or sets of licenses. Prefixes may be used to indicate the number of licenses ...
d (often used by the
Perl Perl is a family of two high-level, general-purpose, interpreted, dynamic programming languages. "Perl" refers to Perl 5, but from 2000 to 2019 it also referred to its redesigned "sister language", Perl 6, before the latter's name was offici ...
community) One year later, around 2008, the
GNU General Public License The GNU General Public License (GNU GPL or simply GPL) is a series of widely used free software licenses that guarantee end users the Four Freedoms (Free software), four freedoms to run, study, share, and modify the software. The license was th ...
3.0 was added and strongly recommended together with the permissive Apache license, notably excluded was the
AGPLv3 The GNU Affero General Public License (GNU AGPL) is a free, copyleft license published by the Free Software Foundation in November 2007, and based on the GNU General Public License, version 3 and the Affero General Public License. The Free So ...
to reduce license proliferation. In 2010, Google removed these restrictions, and announced that it would allow projects to use any OSI-approved license (see OSI's stance below), but with the limitation that
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
projects are only allowed as single case decision.


OSI's stance

Open Source Initiative The Open Source Initiative (OSI) is the steward of the Open Source Definition, the set of rules that define open source software. It is a California public-benefit nonprofit corporation,_with_501(c)(3).html" ;"title="110. - 6910./ref> is a type o ...
(OSI) maintains a list of approved licenses. Early in its history, the OSI contributed to license proliferation by approving vanity and non-reusable licenses. In 2004 an OSI License Proliferation Project was started has prepared a License Proliferation Report in 2007. The report defined classes of licenses: *Licenses that are popular and widely used or with strong communities *International licenses *Special purpose licenses *Other/Miscellaneous licenses *Licenses that are redundant with more popular licenses *Non-reusable licenses *Superseded licenses *Licenses that have been voluntarily retired *Uncategorized Licenses The group of "popular" licenses include nine licenses: Apache License 2.0,
New BSD license BSD licenses are a family of permissive free software licenses, imposing minimal restrictions on the use and distribution of covered software. This is in contrast to copyleft licenses, which have share-alike requirements. The original BSD lice ...
,
GPLv2 The GNU General Public License (GNU GPL or simply GPL) is a series of widely used free software licenses that guarantee end users the four freedoms to run, study, share, and modify the software. The license was the first copyleft for general us ...
, LGPLv2,
MIT license The MIT License is a permissive free software license originating at the Massachusetts Institute of Technology (MIT) in the late 1980s. As a permissive license, it puts only very limited restriction on reuse and has, therefore, high license comp ...
, Mozilla Public License 1.1,
Common Development and Distribution License The Common Development and Distribution License (CDDL) is a free and open-source software license, produced by Sun Microsystems, based on the Mozilla Public License (MPL). Files licensed under the CDDL can be combined with files licensed under o ...
,
Common Public License In computing, the Common Public License (CPL) is a free software / open-source software license published by IBM. The Free Software Foundation and Open Source Initiative have approved the license terms of the CPL. Definition The CPL has the stat ...
,
Eclipse Public License The Eclipse Public License (EPL) is a free and open source software license most notably used for the Eclipse IDE and other projects by the Eclipse Foundation. It replaces the Common Public License (CPL) and removes certain terms relating to ...
.


FSF's stance

Richard Stallman Richard Matthew Stallman (; born March 16, 1953), also known by his initials, rms, is an American free software movement activist and programmer. He campaigns for software to be distributed in such a manner that its users have the freedom to ...
, former president of
Free Software Foundation The Free Software Foundation (FSF) is a 501(c)#501(c)(3), 501(c)(3) non-profit organization founded by Richard Stallman on October 4, 1985, to support the free software movement, with the organization's preference for software being distributed ...
, and
Bradley M. Kuhn Bradley M. Kuhn (born 1973) is a free software activist from the United States. Kuhn is currently Policy Fellow and Hacker-in-Residence of the Software Freedom Conservancy, having previously been executive director. Until 2010 he was the FLOSS C ...
, former Executive Director, have argued against license proliferation since 2000, when they instituted the FSF ''license list'', which urges developers to license their software under GPL-compatible free software license(s), though multiple GPL-incompatible free software licenses are listed with a comment stating that there is no problem using and/or working on a piece of software already under the licenses in question while also urging readers of the list not to use those licenses on software they write. Ciarán O'Riordan of
FSF Europe The Free Software Foundation Europe (FSFE) is an ''eingetragener Verein'' (registered voluntary association) under German law. It was founded in 2001 to support all aspects of the free software movement in Europe, with registered chapters in seve ...
argues that the main thing that the FSF can do to prevent license proliferation is to reduce the reasons for making new licenses in the first place, in an editorial entitled ''How GPLv3 tackles license proliferation''. Generally the
FSF Europe The Free Software Foundation Europe (FSFE) is an ''eingetragener Verein'' (registered voluntary association) under German law. It was founded in 2001 to support all aspects of the free software movement in Europe, with registered chapters in seve ...
consistently recommends the use of the GNU GPL as much as possible, and when that is not possible, to use GPL-compatible licenses.


Others

In 2005 Intel has voluntarily retracted their
Intel Open Source License The Intel Open Source license is identical to the BSD license with the following section added: The extra section does not add to the terms of the license, rather it reminds users of U.S. export laws. As such the IOSL is functionally identical ...
from the
OSI OSI may refer to: Places * Osijek Airport (IATA code: OSI), an airport in Croatia * Ősi, a village in Veszprém county, Hungary * Oši, an archaeological site in Semigallia, Latvia * Osi, a village in Ido-Osi, Ekiti State, Nigeria * Osi, Ekiti ...
list of open source licenses and has also ceased to use or recommend this license to reduce license proliferation. The 451group created in June 2009 a proliferation report called ''The Myth of Open Source License Proliferation''. A 2009 paper from the
University of Washington School of Law The University of Washington School of Law is the law school of the University of Washington, located on the northwest corner of the main campus in Seattle, Washington. The 2023 '' U.S. News & World Report'' law school rankings place Washingt ...
titled ''Open Source License Proliferation: Helpful Diversity or Hopeless Confusion?'' called for three things as a solution: ''"A Wizzier Wizzard"'' (for license selection), ''"Best Practices and Legacy Licenses"'', ''"More Legal Services For Hackers"''. The OpenSource Software Collaboration Counseling (OSSCC) recommends, based on the originally nine recommended OSI licenses, five licenses: the Apache License 2.0, New BSD License, CDDL, MIT license, and to some degree the MPL, as they support collaboration, grant patent use and offer patent protection. Notably missing is the GPL as ''"this license cannot be used inside other works under a different license."''License compatibility
on osscc.net


See also

*
License compatibility License compatibility is a legal framework that allows for pieces of software with different software licenses to be distributed together. The need for such a framework arises because the different licenses can contain contradictory requirement ...
*
Rights Expression Language A Rights Expression Language or REL is a machine-processable language used to express intellectual property rights (such as copyright) and other terms and conditions for use over content. RELs can be used as standalone expressions (i.e. metadata usa ...


References


External links


Open source license proliferation, a broader view
by Raymond Nimmer
Larry Rosen argues that different licenses can be a good thing
Larry Rosen
Licensing howto
by
Eric S. Raymond Eric Steven Raymond (born December 4, 1957), often referred to as ESR, is an American software developer, open-source software advocate, and author of the 1997 essay and 1999 book ''The Cathedral and the Bazaar''. He wrote a guidebook for the ...

License proliferation for Medical Software
b
Fred Trotter
Advocates that for Health Software, only the Google seven should be used.
How to choose a license for your own work
Free Software Foundation {{DEFAULTSORT:License Proliferation Proliferation Licensing