[HN Gopher] The Origin of the "MIT License" (2020)
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       The Origin of the "MIT License" (2020)
        
       Author : tkhattra
       Score  : 62 points
       Date   : 2023-02-03 01:45 UTC (21 hours ago)
        
 (HTM) web link (ieeexplore.ieee.org)
 (TXT) w3m dump (ieeexplore.ieee.org)
        
       | froh wrote:
       | so a most liberal and a most intrusive concept of software
       | freedom both originate at MIT.
        
       | icambron wrote:
       | I took a class from Saltzer in 2002 or 2003 and it was
       | spectacular. A sort of survey-level runthrough of software
       | architecture and system design. He seemed to really enjoy
       | teaching it too.
        
       | ghaff wrote:
       | The article provides some early on documentation that I wasn't
       | able to find when I wrote the piece referenced in footnote 1. [0]
       | It doesn't really get into--I suspect because no one is really
       | sure what/when the changes happened--how the various changes in
       | wording it mentions towards the end eventually morphed into the
       | current (OSI-approved) MIT license.
       | 
       | The current license actually matches a related but different
       | license than the X11 license and at least one open source IP
       | lawyer I know suspects there may have been a minor mixup when the
       | "MIT license" was approved by OSI.
       | 
       | [0] https://opensource.com/article/19/4/history-mit-license
        
       | thelastbender12 wrote:
       | Neat to know MIT License did actually originate at the eponymous
       | institution.
       | 
       | When I first got access to the internet, MIT seemed awfully
       | productive in producing code. Before I found out that MIT License
       | doesn't imply the work was done by a person at MIT!
        
       | dctoedt wrote:
       | FTA: "As it turned out, the licensing strategy had the desired
       | effect: the goal of influence was realized. ...
       | 
       | "Furthermore, the good will that was gained from free
       | distribution of these software packages led to the flow back of
       | both funding and software applications that support research and
       | education at MIT. The cash flow has dwarfed the forgone revenue
       | stream that likely would have come from licensing for a fee, and
       | even that sum has been dwarfed by the value of the applications
       | that became available.
       | 
       | "A lesson is that it can be important to look past the prospect
       | of licensing for a fee, which may bring in a few dollars, and
       | instead see the opportunity that opens if you give the software
       | away. The potential reward can be orders of magnitude larger."
       | 
       | (Extra paragraphing added.)
        
       | bhickey wrote:
       | I asked rms and Hal Abelson about this a few years ago.
       | 
       | Stallman said:
       | 
       | > The term "MIT license" is a confusion. It is used to describe
       | two different licenses; see https://gnu.org/licenses/license-
       | list.html. We call them the X11 license and the Expat license. To
       | distinguish them, we do not use the term "MIT license". The X11
       | license was, as far as I know, first used by X11. I don't know
       | how it was written -- the question is not interesting to me.
       | 
       | Thanks Richard.
       | 
       | Hal recalled that it was drafted by Karen Hershey at the request
       | of the Technology Transfer Office. Regretfully I don't have a
       | copy of his original response.
        
         | ghaff wrote:
         | Right. The modern MIT license approved by the OSI is the same
         | as the license used for the Expat XML parser library beginning
         | in about 1998. It's similar, but not identical, to the X11
         | license. No one seems to be sure how the Expat license ended up
         | as the MIT license.
         | 
         | That said, it's more than a bit pedantic not to use the term
         | "MIT license" given that all the licenses in that stream are
         | quite similar and certainly in the same permissive spirit.
        
           | fknorangesite wrote:
           | > it's more than a bit pedantic not to use the term "MIT
           | license"
           | 
           | From Stallman? Who would have guessed.
        
       | jmclnx wrote:
       | Interesting timeline, seems the MIT License came out a few years
       | before the GPL. I wonder if/what discussions RMS had with the
       | authors of the MIT License at that time when he was crafting the
       | GPL.
        
         | tehologist wrote:
         | From my understanding GPL originated because Stallman was upset
         | about a version of Emacs he was working on at school (MIT
         | Licensed). The person he was working on it with took the source
         | code and started a commercial company, but had no interest in
         | working with Stallman professionally. So Stallman started his
         | free software crusade with his own version of Emacs and
         | replicating every tool needed to build it with his own "FREE"
         | license. This has always bothered me as GPL is far more strict
         | of a license than either BSD or MIT.
        
           | tcmart14 wrote:
           | I agree it is far more strict, but I am glad it exists. I do
           | throw the MIT license on most of my projects, so its rare
           | that I license things with GPL. But at the end of the day,
           | having the BSD and MIT license and the GPL licenses gives us
           | all the options we want. Want to produce something and don't
           | care how it gets used? MIT or BSD license. Want to create
           | something, offer it for free, and know that nobody will
           | modify your code and start selling it? GPL.
        
             | ghaff wrote:
             | >Want to create something, offer it for free, and know that
             | nobody will modify your code and start selling it? GPL.
             | 
             | Someone can absolutely do that. They just need to share the
             | modified source code.
        
             | bdw5204 wrote:
             | > Want to create something, offer it for free, and know
             | that nobody will modify your code and start selling it?
             | GPL.
             | 
             | You can modify somebody's GPLed code and start selling it.
             | The only restriction is that you must offer to share your
             | source code with your customers and give them all of the
             | same rights you have under GPL.
             | 
             | There is also a loophole that lets you sell modified GPLed
             | code without sharing the source or giving them your GPL
             | rights: run it on a server. AGPL closes this loophole which
             | is why it is unpopular with large tech companies.
             | 
             | Any license that prohibits selling modified versions of
             | somebody else's code would, if it became popular or was
             | adopted by a popular project, be denounced by both FSF and
             | OSI for violating the principles of the FOSS movement
             | because the right to sell other people's FOSS software is
             | considered an important user freedom. Writing such a
             | license involves making fairly trivial changes to MIT or
             | BSD but does make it impossible to combine any code
             | licensed under it with GPLed code.
        
           | npteljes wrote:
           | Yes, and the specific strictness is the point! The point is
           | that there isn't really such a things as "no laws". Dynamics
           | between people don't stop to function just because there are
           | no laws applied. The most basic thing is that if you don't
           | restrict the use of force effectively, then the use of force
           | will most certainly determine the order of things - you end
           | up with tyrants, or warlords, essentially.
           | 
           | Translating this to the world of software licenses, similar
           | things happen. With MIT, and BSD, an entity can take the
           | project and just run with it. Neither the original owner, nor
           | the ecosystem benefits. This is cool with some people, in
           | theory, but from time to time, significant regret is
           | demonstrated, of which my favorite is Tanenbaum learning from
           | the media that Intel uses his system in all of the CPUs.
           | 
           | https://www.tomshardware.com/news/minix-creator-letter-
           | intel...
           | 
           | I also recommend contemplating the "Paradox of tolerance" - a
           | similar situation. It posits that in order to have a
           | sustainable tolerant society, one must not tolerate
           | intolerance - for if we do, it will take over, ending the
           | tolerant society.
        
           | bheadmaster wrote:
           | > This has always bothered me as GPL is far more strict of a
           | license than either BSD or MIT.
           | 
           | In a similar manner, democracy is far more strict than
           | anarchy because you can't kill and loot whatever you want.
           | 
           | Yes, I'm comparing murder and theft with taking away users'
           | freedom. Yes, murder and theft are probably considered worse
           | than proprietary software in the eyes of many. My point is
           | that just because something is more restrictive, doesn't in
           | itself make it worse.
        
             | tehologist wrote:
             | I avoid GPL projects because I am a software developer and
             | the idea of the project dictating how I can release my own
             | source is a big FU to me. If I can find software that is
             | licensed with a non restrictive license I will always
             | support it over anything that is GPL. I have had a few
             | projects I was very interested in and considered helping
             | out on, but the GPL license is a non starter for me.
             | 
             | If you have to redefine the word "FREE" to mean freedom and
             | your license is several pages of lawyer speak, then that is
             | a problem.
             | 
             | I will take anarchy over crazy ideology any day of the
             | week.
        
               | bheadmaster wrote:
               | > I avoid GPL projects because I am a software developer
               | and the idea of the project dictating how I can release
               | my own source is a big FU to me.
               | 
               | GPL doesn't restrict how you can release your own source
               | code - even if you release your project as GPL, you can
               | still release it under MIT, or a commercial license -
               | it's your code, and you're the copyright holder. The
               | restrictions only apply to code derived from other GPL
               | projects, but that isn't really "your code".
               | 
               | Your reason for avoiding GPL seems to be that you cannot
               | take GPL code and release it under a non-free license.
               | That's exactly the behavior that GPL is designed to
               | prevent - the bottom line is users' freedom, not
               | developers' convenience.
        
               | ghaff wrote:
               | I generally favor permissive licenses myself for various
               | reasons.
               | 
               | However, the relevant perspective on the GPL is that it's
               | not really about freedom for developers. It's about
               | freedom for users. If I as a developer/company want to
               | ship modified FOSS to end-users. I can't hold the
               | modifications back as secret sauce.
        
       | lukeh wrote:
       | Noting that MIT Kerberos isn't shipped with macOS or Windows,
       | although it compiles in both.
        
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