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by CyberRabbi 2108 days ago
This is why you always use GPL
7 comments

Re branding a MIT license software and selling a commercial version is a good thing if done correctly. Clearly Zen is not providing any added value.

The key takeaway from this is you don't sign contracts with overly aggressive business executives. I also think Non-competes should be almost completely banned for most employees.

The key takeaway for me is that a third party is able to use thousands of manhours of someone else’s labor as a basis for their closed source product without having to share their enhancements or pay a dime.

If zig were licensed GPL, the zig foundation would be able to sell permissive licenses to companies that don’t want to share source as a way to fundraise.

As the author of the statement, I disagree. Parent poster got it right: the license is MIT precisely to allow the highest degree of freedom.

Companies that want to profit from Zig are welcome to do so, but in this particular case, we consider connectFree a bad actor and so we crossed the language barrier to make sure Japanese developers would be able to hear from both sides.

From the statement:

    “We can’t in good conscience recommend to Japanese professionals and businesses to make their livelihood depend on a closed-source, superficial rebranding of Zig“
Does the zig foundation have a problem with recommending closed-source superficial rebrandings of Zig or just from connectFree?
Regardless of the legality of a thing, the foundation might of course recommend against using it. Imagine that someone wrote a shitty book (without stealing any content) which ends up as the only result on Amazon. It’s perfectly legal to release such a book and it would be sensible for the foundation to warn the Zig community about the lacking quality.

Just because the license allows anyone to fork it and sell it doesn’t mean that Zig is obliged to endorse it.

It’s fine for the foundation to recommend against certain companies, but it’s inconsistent to recommend against any specific company on the basis of it being “closed source superficial rebrand” if they claim to have no issue with people using their code on those terms.
did you read the description of what happened?
Yes
> a third party is able to use thousands of manhours of someone else’s labor as a basis for their closed source product without having to share their enhancements or pay a dime.

This is my favorite part about open source. Why are you painting it as a bad thing?

There's a difference between using open-source in your work and doing a superficial fork & rebrand. The latter is clearly trying to steal the upside from the creator of the code.
Of course there is a difference, but again that's what I love about open source. You put something out there, and then it has a life of its own. So what if some people come along and try to sell your code with a new name? Good luck to them, I hope they become very rich off my code (are there any examples of this actually happening?). Personally I write open source code because I like writing open source code, not to get rich.
> If zig were licensed GPL, the zig foundation would be able to sell permissive licenses to companies

That would be against the spirit of GPL, which is ideologically opposed to all proprietary software.

Stallman himself has said he approves of GPL/Commercial dual licensing.

It's a good way to support a project - companies don't like the GPL but they also want to spend money on support.

> It's a good way to support a project

I disagree. GPL/Commercial dual licensing is always a game of perverse incentives. Even if you aren't actively crippling the free part of your product you're incentivised to make it difficult enough to work with or otherwise support that companies will be inclined to pay you to do it.

Not necessarily - the GPL is a no-go for some companies regardless of the difference in quality between the free and not free.

Remember that it's not free it's about lawyer approval.

Can you dual license with both GPL and MIT (or other)? Would that make sense?
Maybe, the idea is that a company who wants to use my work can either comply with the GPL and give back that way or financially support the project (and therefore not need to comply).

You could grant them an MIT license, I guess.

FSF isn't vehemently opposed to permissive licenses either (they are merely discouraged), but that is the argument GP decided to bring here.
> Re branding a MIT license software and selling a commercial version is a good thing if done correctly.

GPL does not prevent you from selling a commercial version, only from closing up the source.

Having no access to the source is to direct user determent.

For those that believe in software freedoms as fewer restrictions, you have to accept that people may take advantage of your fewer restrictions. This is the cost of giving more (beer) freedom, and you don't have to abandon your principles because of how it manifests. (this has obvious political analogies in other restriction-less freedom contexts too)
> For those that believe in software freedoms as fewer restrictions, you have to accept that people may take advantage of your fewer restrictions.

This argument has never made sense. "The software is more free because you can impose restrictions on the way it's used." It's more of an attempt to rationalize than a concern about the freedom of the software.

To paraphrase Stallman on the topic of permissive Free Software licences:

Some people prefer permissive Free Software licences, and feel that copyleft licences like the GPL introduce unwelcome restrictions. I don't understand this objection. They're unhappy that the licence doesn't grant the power to deny other people their freedom?

The existence of this blog post suggests to me that they either don’t believe in total software freedom or they haven’t yet accepted that people will take advantage of it.
I read it a bit different, I read it as they're proud of their freedom stance, and they are just informing users about a hostile fork without even hinting at reducing their principals henceforth.
Then why do they imply in the blog post that “closed source superficial rebrandings” should be avoided by potential customers?
Because zig is free? A marked up superficial re banding is a scam
They are warning contributors to not inadvertently sign a contract that would prevent them from contributing to Zig.

Me telling you there is a cliff here, be careful does nothing to infringe on your rights to walk off that cliff.

This is precisely my point. Why allow anyone to walk off the cliff if you’re just going to tell them it’s wrong anyway? They could have avoided all of this if it were GPL in the first place.
Because you believe in personal freedom?
I do not mean this disrespectfully but isn’t that taking the idea of “personal freedom” to absurdity? I believe in personal freedom as well but I don’t think walking off a cliff or maliciously using someone Else’s labor is freedom.
Taking the story at face value: Zen lied to customers and the community, hired a developer away from Zig, and that developer cannot work on Zig now due to an NDA.

GPL violations are not unknown. Would Zen have really cared about breaking the license? Would legal mechanisms work fast enough to limit damage?

All of that developers work on zen would be available to the zig foundation if it were licensed GPL.

If it were licensed GPL and they were violating that license they could sue in the legal system instead of writing a blog post with dubious effect.

>All of that developers work on zen would be available to the zig foundation if it were licensed GPL.

False. the changes and the license only need to be extended to Zen's customers. They don't need to be provided back to Zig.

>If it were licensed GPL and they were violating that license they could sue in the legal system instead of writing a blog post with dubious effect.

Suing isn't a good idea even if you have a case. The blog post does more with less effort.

Even if Zig and Zen were GPL the employees agreement can be structured such that his work on Zen can not be used for Zig. There's an FAQ for this sort of stuff: https://www.gnu.org/licenses/gpl-faq.en.html#DevelopChangesU...

>>All of that developers work on zen would be available to the zig foundation if it were licensed GPL.

>False. the changes and the license only need to be extended to Zen's customers. They don't need to be provided back to Zig.

Zen makes their system available for free download to the public, thus would be forced to provide source to the public. https://zen-lang.org/ja-JP/download/

Has anyone ever perused legal action based on a GPL violation? Last I checked, even the biggest piece of GPL software in existence, the Linux kernel, gets its violated without legal repercussions.
Yes, there have been several successful GPL violation lawsuits.
and where would the money and time to pursue a lawsuit come from?
This is the purpose of the FSF as far as I understand. One of their goals is enforcement of the GPL
I believe the FSF only use their legal resources to defend software whose copyright has been assigned to them.

https://www.fsf.org/bulletin/2014/spring/copyright-assignmen...

From the Zig foundation
that's laughable. How much do you suppose it would cost to hire an international lawyer to pursue a case in a foreign country. Even if there were enough resources, do you think that the stakeholders in the Zig Foundation would consider that to be a reasonable use of the funds that they've donated?

I certainly wouldn't. As a donor, as far as I can tell, this is as good as they could do. I'm much happier that they spend their money on code, and leave it at a statement that can grab attention, like what they have done.

Roughly $100K-$200K maximum and it would be a good use of time if it would recover potentially millions for the foundation.
Most programmers would benefit by stepping out of their bubble and learning more about the business and legal side of their work
How would GPL help? It doesn't stop hostile forks.

Pretty sure the ask isn't the Zen source.

Hostile forks would not be able to keep their enhancements private, thus ensuring a reciprocal relationship.
If they were actual enhancements, I doubt the Zig Foundation would care. A company making a closed source release doesn't seem to be the point of ire here.

The issue is, another company has forked Zig, made 0, or negative enhancements, and the Zig foundation is making sure to distance itself from the fork incase anyone gets burned by Zen. You don't want the first impression of your new language to be tarnished by some commercial company who dumped everything in marketing and 0 in development.

The GPL wouldn't help in this case at all. It's very clear that the Zig Foundation doesn't care about the changes, it cares about it's reputation. On the contrary having a high quality commercial fork would probably be a good thing for Zig (see MySQL <-> Percona, Cassandra <-> Datastax, Postgres <-> Citus)

While I can't speak with absolute certainty, we probably would not want to merge any "improvement" Zen made.

    “Since then, “No. 2” has resigned from their position at connectFree, but won’t be able to contribute to the Zig project for some time because of a “non-compete” clause present in the contract.“
So why do you care if No. 2 is not able to work on Zig if you don’t value the contributions he’s made to Zen?
Maybe they believe that No. 2 is capable of making valuable contributions, but that the specific contributions made at the direction of the Zen founder aren’t valuable.
Precisely.
What they care about is not the contribution they made to Zen, it's the contribution they would make to Zig and can not due to the NCC.
Because they could make meaningful contributions to Zig, just as they had in the past.
Changes are not necessarily enhancements, and the upstream project might not even want the "enhancements" that are developed in a commercial setting.
And there's nothing to stop the current Zig team from making future releases GPL, is there? Problem solved...?
Sort of but only the new parts would fall under gpl the rest bsd.
If I'm not mistaken, if all code authors agree on the license change, then, the new release can be made fully GPL. While the old copy will be still available as MIT.

A malicious actor can pretend that they merged MIT parts with new GPL parts, but I think, it would not take a lot of time, until such merging would become technically hard, and the code can be effectively converted into GPL.

However, since Zen's guy was a contributor, it's probably not possible to get all authors' permission to change the license for the entire Zig codebase.

A language licensed as the GPL likely would not see any users, as programs built on it would link to it (or at least parts of it, such as the standard library); thus requiring either an exception clause, or that all software using the language also be licensed as GPL.

IIRC the AGPL is better for this, but most GPL licenses are just blacklisted by companies; reducing the likelihood of the language catching on.

Like GCC and Linux, total failure trying to cater for users, while FreeBSD rules.
Indeed, no tears dropped here.