I like the idea of a license that is "fair", but there's something about GPL that rubs me the wrong way where I feel it accomplishes the goal of fair in some antagonistic manner.
To me, GPL feels more like holding a legal gun to your head and say "You used my code, now play fair". It's not your Mum asking you nicely to share your toys with your brother. But then MIT is too far the other way where it's your Mum saying that if you don't want to give any toys to your brother even though he gave you a bunch then that's your ethical code and you have to live with it.
I wish there was a license that did feel like the "it's the right thing to do" argument without the threat, but I just don't know how you'd achieve that. Even something where you license the core as GPL and then the majority supporting libraries as MIT doesn't feel right to me.
As a lawyer, do you have any ideas along these lines?
Think of it more as the price you pay for using someone else's work. Just like when you pay $1k for a license to ship some proprietary software, you agree to instead pay for using this code by sharing your source, too. You're free to not pay either price and write your own, of course.
> I like the idea of a license that is "fair", but there's something about GPL that rubs me the wrong way where I feel it accomplishes the goal of fair in some antagonistic manner.
It kind of is antagonistic: GPL started when RMS wanted to fix his printer and Xerox said, "No." IIRC the printer software in question drew on or was based on his own prior work.
The GPL is a weapon to pre-emptively undermine sort of venal mentality RMS had already encountered. Free Software is a reaction to a kind of enclosure of the commons.
The folks who regularly do GPL compliance work have a very reasonable set of principles they apply when doing that work. Legal action is a last resort and GPL violators are given every opportunity to comply. The only legal actions that have been taken have been from years of stonewalling or even blatant refusal to comply and the consequences of those legal actions have been reasonable.
GPL is pretty much a "it's the right thing to do" kind of license. GPL violations are widespread and the terms are rarely enforced. Even when they are, in 99.9% of cases there are no penalties(unlike most commercial licenses), just a requirement to publish your code and adhere to the original terms of the license.
To me, GPL feels more like holding a legal gun to your head and say "You used my code, now play fair". It's not your Mum asking you nicely to share your toys with your brother. But then MIT is too far the other way where it's your Mum saying that if you don't want to give any toys to your brother even though he gave you a bunch then that's your ethical code and you have to live with it.
I wish there was a license that did feel like the "it's the right thing to do" argument without the threat, but I just don't know how you'd achieve that. Even something where you license the core as GPL and then the majority supporting libraries as MIT doesn't feel right to me.
As a lawyer, do you have any ideas along these lines?