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The BSD License Problem
by Richard Stallman
The two major categories of free software license are copyleft and
non-copyleft. Copyleft licenses such as the GNU GPL insist that
modified versions of the program must be free software as well.
Non-copyleft licenses do not insist on this. We recommend copyleft,
because it protects freedom for all users, but non-copylefted
software can still be free software, and useful to the free software
community.
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See "How to choose a license for your own work" for general
recommendations about choosing a license for your work.
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There are many variants of simple non-copyleft free software licenses
, such as the Expat license, FreeBSD license, X10 license, the X11
license, and the two BSD (Berkeley Software Distribution) licenses.
Most of them are equivalent except for details of wording, but the
license used for BSD until 1999 had a special problem: the "obnoxious
BSD advertising clause." It said that every advertisement mentioning
the software must include a particular sentence:
3. All advertising materials mentioning features or use of this
software must display the following acknowledgement: This product
includes software developed by the University of California,
Berkeley and its contributors.
Initially the obnoxious BSD advertising clause was used only in the
Berkeley Software Distribution. That did not cause any particular
problem, because including one sentence in an ad is not a great
practical difficulty.
If other developers who used BSD-like licenses had copied the BSD
advertising clause verbatim--including the sentence that refers to the
University of California--then they would not have made the problem
any bigger.
But, as you might expect, other developers did not copy the clause
verbatim. They changed it, replacing "University of California" with
their own institution or their own names. The result is a plethora of
licenses, requiring a plethora of different sentences.
When people put many such programs together in an operating system,
the result is a serious problem. Imagine if a software system
required 75 different sentences, each one naming a different author
or group of authors. To advertise that, you would need a full-page
ad.
This might seem like extrapolation ad absurdum, but it is actual
fact. In a 1997 version of NetBSD, I counted 75 of these sentences.
(Fortunately NetBSD has decided to stop adding them, and to remove
those it could.)
To address this problem, in my "spare time" I talk with developers
who have used BSD-style licenses, asking them if they would please
remove the advertising clause. Around 1996 I spoke with the
developers of FreeBSD about this, and they decided to remove the
advertising clause from all of their own code. In May 1998 the
developers of Flick, at the University of Utah, removed this clause.
Dean Hal Varian at the University of California took up the cause,
and championed it with the administration. In June 1999, after two
years of discussions, the University of California removed this
clause from the license of BSD.
Thus, there is now a new BSD license which does not contain the
advertising clause. Unfortunately, this does not eliminate the legacy
of the advertising clause: similar clauses are still present in the
licenses of many packages which are not part of BSD. The change in
license for BSD has no effect on the other packages which imitated
the old BSD license; only the developers who made them can change
them.
But if they followed Berkeley's lead before, maybe Berkeley's change
in policy will convince some of them to change. It's worth asking.
So if you have a favorite package which still uses the BSD license
with the advertising clause, please ask the maintainer to look at
this web page, and consider making the change.
And if you want to release a program as non-copylefted free software,
please don't use the advertising clause. Thus, instead of copying the
BSD license from some released package--which might still have the old
version of the license in it--please use one of the other permissive
licenses, such as Expat or FreeBSD.
You can also help spread awareness of the issue by not using the term
"BSD-style," and not saying "the BSD license" which implies there is
only one. You see, when people refer to all non-copyleft free
software licenses as "BSD-style licenses," some new free software
developer who wants to use a non-copyleft free software license might
take for granted that the place to get it is from BSD. He or she
might copy the license with the advertising clause, not by specific
intention, just by chance.
If you would like to cite one specific example of a non-copyleft
license, and you have no particular preference, please pick an
example which has no particular problem. For instance, if you talk
about "X11-style licenses," you will encourage people to copy the
license from X11, which avoids the advertising clause for certain,
rather than take a risk by randomly choosing one of the BSD licenses.
Or you could mention the non-copyleft license which we recommend over
the other non-copyleft licenses: the Apache 2.0 license, which has a
clause to prevent treachery with patents.
When you want to refer specifically to one of the BSD licenses,
please always state which one: the "original BSD license" or the
"modified BSD license."
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Later a third BSD license variant was introduced, with only the first
two of the original BSD license's four clauses. We call it the
"FreeBSD license." It is a lax, noncopyleft free license, compatible
with the GNU GPL, much like the modified BSD license.
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