Before anything else, a disclaimer is definitely due: I admit and publicly announce my factual inability to grasp the truly substansive issues of any versions of the General Public Licences. I simply haven’t had the time and proper understanding of the ground rules to get any deeper on them. I will, though, in the future. Therefore I’m practically only addressing something I think is debatable and worth discussing. Let’s call this a way to make my notes and get started with actually thinking about what GPL is all about. I’m ashamed to admit not having spent any good time on investigating the actual details.
But…
There is indeed a problem with GPL. Not only with v3, but with v2 also. It is the problem of conflict between the terminology in the lincence and the groups it might be aimed at in practice. And the issue is the sheer complexity of wording of the document. GPL is presented in software that not only involves code of many private citizens, but is also used and modified by people that are in no way connected or involved in software business. Assuming that only maybe a fraction of the group are lawyers or otherwise legally trained individuals, it is literally dubious construct a lincence that is not only complex but also practically impossible to interpret with an immediate full certainty, and certainly without a fear of becoming dragged into court.
This is not only mine but also general critic I’ve heard about the GPLv3. It contains terminology that’s not presented in any copyright law in the world. And that’s fully intended, also. That we know for a fact. But I would suggest that this is in no way a true improvement from GPLv2.
With GPLv2 the problem was that it was generally too US centric. There was (and still is) content in v2 that may not apply outside US like it was meant to, and how it does inside US. What this leads to is that anyone taking advantage of a GPL’d software would have to consult a lawyer to reach good enough certainty about not infringing anyone else’s priviled rights. And having to consult a lawyer is always a disadvantage for an average Joe trying to make his or her life just a little bit easier. Compare this to unnecessary transaction costs and you get the idea.
Now, GPLv3 was drafted to overcome this obvious stumbling block (or so I’ve heard). Hence terms such as “convey” and “propagate”. It’s a noble idea for sure. But… there’s literally no one who can, with 100% certainty, tell you what these terms actually mean (albeit there’s a long chapter explanation in v3). And therefore, what we are left with is only the option of again consulting a lawyer. The only person who will most likely be able to give at least the most close to correct answer. And again, you’re most likely only paying for redundant transaction.
Simplicty is beauty for sure. I certainly think so. But I concede that simplicity does not line up with perfection. In licence documents (or contracts in general) it’s practically either one or the other. If you wish to draft a contract covering all possible liability, not only will it probably be impossible to hammer through, but it’s also likely to be forced into settlement (at least where I live). Length and complexity of the document will probably also be astounding. Not an easy case for an average individual trying to focus on living an everyday life. But on the flipside there is usually a wonderfully simple and short document, only with far too many loopholes left in it. No sufficient protection for the means in question.
There’s an art in trying to balance the two opposites. The perfect line is obviously pinpointed on the scale differently in each case. But here, I fear, we have a licence trying to cover too much and too perfectly. The argumentation for it is certainly acceptable. But will it satisfy the users applying it. And who will these users be? Big(ger) software companies? Individual private beings and everyday geeks of the open source and free software communities? Or all of these together? For that we will have to compare the need and necessity of the content of the GPL text.
I’ll see if I change my mind…