He was willing to share his work with a community that shares software, but saw no reason to give a handout to a business making products that would be off-limits to our community. His goal was different from mine, but he decided that the GNU GPL was useful for his goal too.
If you want to accomplish something in the world, idealism is not enough—you need to choose a method that works to achieve the goal. In other words, you need to be “pragmatic.” Is the GPL pragmatic? Let’s look at its results.
Consider GNU C++. Why do we have a free C++ compiler? Only because the GNU GPL said it had to be free. GNU C++ was developed by an industry consortium, MCC, starting from the GNU C compiler. MCC normally makes its work as proprietary as can be. But they made the C++ front end free software, because the GNU GPL said that was the only way they could release it. The C++ front end included many new files, but since they were meant to be linked with GCC, the GPL did apply to them. The benefit to our community is evident.
Consider GNU Objective C. NeXT initially wanted to make this front end proprietary; they proposed to release it as ‘.o’ files, and let users link them with the rest of GCC, thinking this might be a way around the GPL’s requirements. But our lawyer said that this would not evade the requirements, that it was not allowed. And so they made the Objective C front end free software.
Those examples happened years ago, but the GNU GPL continues to bring us more free software.
Many GNU libraries are covered by the GNU Lesser General Public License, but not all. One GNU library which is covered by the ordinary GNU GPL is Readline, which implements command-line editing. I once found out about a nonfree program which was designed to use Readline, and told the developer this was not allowed. He could have taken command-line editing out of the program, but what he actually did was rerelease it under the GPL. Now it is free software.
The programmers who write improvements to GCC (or Emacs, or Bash, or Linux, or any GPL-covered program) are often employed by companies or universities. When the programmer wants to return his improvements to the community, and see his code in the next release, the boss may say, “Hold on there—your code belongs to us! We don’t want to share it; we have decided to turn your improved version into a proprietary software product.”
Here the GNU GPL comes to the rescue. The programmer shows the boss that this proprietary software product would be copyright infringement, and the boss realizes that he has only two choices: release the new code as free software, or not at all. Almost always he lets the programmer do as he intended all along, and the code goes into the next release.
The GNU GPL is not Mr. Nice Guy. It says no to some of the things that people sometimes want to do. There are users who say that this is a bad thing—that the GPL “excludes” some proprietary software developers who “need to be brought into the free software community.”
But we are not excluding them from our community; they are choosing not to enter. Their decision to make software proprietary is a decision to stay out of our community. Being in our community means joining in cooperation with us; we cannot “bring them into our community” if they don’t want to join.
What we
Proprietary software development does not contribute to our community, but its developers often want handouts from us. Free software users can offer free software developers strokes for the ego—recognition and gratitude—but it can be very tempting when a business tells you, “Just let us put your package in our proprietary program, and your program will be used by many thousands of people!” The temptation can be powerful, but in the long run we are all better off if we resist it.
The temptation and pressure are harder to recognize when they come indirectly, through free software organizations that have adopted a policy of catering to proprietary software. The X Consortium (and its successor, the Open Group) offers an example: funded by companies that made proprietary software, they strived for a decade to persuade programmers not to use copyleft. When the Open Group tried to make X11R6.4 nonfree software, those of us who had resisted that pressure were glad that we did.
In September 1998, several months after X11R6.4 was released with nonfree distribution terms, the Open Group reversed its decision and rereleased it under the same noncopyleft free software license that was used for X11R6.3. Thank you, Open Group—but this subsequent reversal does not invalidate the conclusions we draw from the fact that adding the restrictions was
Pragmatically speaking, thinking about greater long-term goals will strengthen your will to resist this pressure. If you focus your mind on the freedom and community that you can build by staying firm, you will find the strength to do it. “Stand for something, or you will fall for anything.”
And if cynics ridicule freedom, ridicule community… if “hard-nosed realists” say that profit is the only ideal… just ignore them, and use copyleft all the same.
Copyright c 1998, 2003 Free Software Foundation, Inc.
This version of this essay is part of
Verbatim copying and distribution of this entire chapter are permitted worldwide, without royalty, in any medium, provided this notice is preserved.
Part IV.
Software Patents: Danger to Programmers
Chapter 23.
Anatomy of a Trivial Patent
Programmers are well aware that many of the existing software patents cover laughably obvious ideas. Yet the patent system’s defenders often argue that these ideas are nontrivial, obvious only in hindsight. And it is surprisingly difficult to defeat them in debate. Why is that?
One reason is that any idea can be made to look complex when analyzed to death. Another reason is that these trivial ideas often look quite complex as described in the patents themselves. The patent system’s defenders can point to the complex description and say, “How can anything this complex be obvious?”
I will use an example to show you how. Here’s claim number one from US patent number 5,963,916, applied for in October 1996:
1. A method for enabling a remote user to preview a portion of a prerecorded music product from a network web site containing pre-selected portions of different pre-recorded music products, using a computer, a computer display and a telecommunications link between the remote user’s computer and the network web site, the method comprising the steps of:
• using the remote user’s computer to establish a telecommunications link to the network web site wherein the network web site comprises (i) a central host server coupled to a communications network for retrieving and transmitting the pre-selected portion of the pre-recorded music product upon request by a remote user and (ii) a central storage device for storing pre-selected portions of a plurality of different pre-recorded music products;
• transmitting user identification data from the remote user’s computer to the central host server thereby allowing the central host server to identify and track the user’s progress through the network web site;
