# Ruby licence

**URL:** <https://rubytalk.org/t/ruby-licence/21237>\
**Category:** ruby-talk\
**Created:** [30 September 2005 17:31 UTC](https://rubytalk.org/t/ruby-licence/21237 "2005-09-30T17:31:45Z")\
**Posts on this page:** 20\
**Page:** 1

<div class="post-metadata">

**Author:** ![Netspam](https://avatars.discourse-cdn.com/v4/letter/n/c4cdca/32.png) [@Netspam](https://rubytalk.org/u/Netspam)\
**Post date:** [30 September 2005 17:31 UTC](https://rubytalk.org/t/ruby-licence/21237/1 "2005-09-30T17:31:45Z")

</div>

I understand that the distribution of Ruby is under the GPL.  
Would I be correct in assuming that any commercial product which  
embedded the standard Ruby interpreter would also require be GPL if  
shipped, or is there current (or planned) provision to only require  
LGPL under those circumstances?

---

<div class="post-metadata">

**Author:** ![Brian\_Mitchell](https://avatars.discourse-cdn.com/v4/letter/b/49beb7/32.png) [@Brian\_Mitchell](https://rubytalk.org/u/Brian_Mitchell)\
**Post date:** [30 September 2005 17:41 UTC](https://rubytalk.org/t/ruby-licence/21237/2 "2005-09-30T17:41:40Z")

</div>

The Ruby license is \*not\* GPL. There is a complete copy of what it is  
currently under available online [1]. It is referred to as the Ruby  
License. It bares strong resemblance to the Perl license. This should  
not inhibit commercial use to Ruby in most cases.

Note that some parts also contain other special licenses. See your  
specific ruby version's source tarball for a LEGAL file which should  
give you an overview. If you have any further questions please ask.

Brian.

[1] [http://www.ruby-lang.org/en/LICENSE.txt](http://www.ruby-lang.org/en/LICENSE.txt)

> **···**
>
> On 9/30/05, netspam@shic.co.uk \<netspam@shic.co.uk\> wrote:
> 
> > I understand that the distribution of Ruby is under the GPL.  
> > Would I be correct in assuming that any commercial product which  
> > embedded the standard Ruby interpreter would also require be GPL if  
> > shipped, or is there current (or planned) provision to only require  
> > LGPL under those circumstances?

---

<div class="post-metadata">

**Author:** ![Greg\_Brown1](https://avatars.discourse-cdn.com/v4/letter/g/258eb7/32.png) [@Greg\_Brown1](https://rubytalk.org/u/Greg_Brown1)\
**Post date:** [2 October 2005 02:51 UTC](https://rubytalk.org/t/ruby-licence/21237/3 "2005-10-02T02:51:47Z")

</div>

The Ruby License and the License of Ruby are two different things.

The Ruby License is the license which Matz wrote for Ruby. The license  
of the ruby distribution itself is a disjunctive license which gives  
the user a choice of distributing under either of the two licenses.

You are free to follow the terms of either license. For your own  
applications, if you choose to follow the restrictions of the GPL, you  
need to ensure you use a GPL compatible license, but it needn't  
necessarily be the GPL. The various MIT / BSD style licenses are  
mostly GPL compatible, as are many other license. A full list of GPL  
compatible licenses according to the Free Software foundation can be  
found here:

[http://www.fsf.org/licensing/licenses/index\_html#GPLCompatibleLicenses](http://www.fsf.org/licensing/licenses/index_html#GPLCompatibleLicenses)

If you are not planning on using GPLed libraries or other things under  
the restrictions of the GPL, under the Ruby license you can basically  
use whatever licensing you'd like, but bear in mind that the Free  
Software Foundation does not consider the Ruby license on it's own as  
free software, therefore you will prevent people from linking your code  
with GPLed code if you use just the ruby license or some other non-free  
license.

This is indeed quite similar to the License of Perl, which offers a  
choice of the Artistic License or the GPL.

As a side note, the Ruby community seems to have a tradition towards  
the BSD style licenses. My role as a free software advocate is to  
whine about the fact that these licenses do not offer a strong  
copyleft. However, it seems like such a thing is exactly what you'd  
like to avoid, so these licenses might fit your needs well as well as  
provide some freedom to your work.

The compromise that will make most Rubyists willing to use your  
software regardless of their politics is to offer a disjunctive license  
such as the License of Ruby (Ruby License / GPL) or any other mix and  
match choice that allows the GPL as an option. However, I'm sure some  
of the Gurus will say, just BSD the sucker!, and I will try not to make  
my case for the FSF too strongly.

I work on commercial code under the License of Ruby, and have not run  
into any issues with the scheme, if that's of any help.

Hope this helps.  
-Greg

---

<div class="post-metadata">

**Author:** ![Kevin\_Brown](https://avatars.discourse-cdn.com/v4/letter/k/73ab20/32.png) [@Kevin\_Brown](https://rubytalk.org/u/Kevin_Brown)\
**Post date:** [2 October 2005 09:17 UTC](https://rubytalk.org/t/ruby-licence/21237/4 "2005-10-02T09:17:29Z")

</div>

\*GASP\*

Richard Stallman would be ASHAMED!!!

\</sarcasm\>

(Note, I'm currently working on commercial software. Smile a little. It's  
ok.)

> **···**
>
> On Saturday 01 October 2005 20:51, Gregory Brown wrote:
> 
> > My role as a free software advocate is to  
> > whine about the fact that these licenses do not offer a strong  
> > copyleft.  
> > [\*snip\*]
> > 
> > I work on commercial code... [\*snip\*]

---

<div class="post-metadata">

**Author:** ![Netspam](https://avatars.discourse-cdn.com/v4/letter/n/c4cdca/32.png) [@Netspam](https://rubytalk.org/u/Netspam)\
**Post date:** [3 October 2005 09:56 UTC](https://rubytalk.org/t/ruby-licence/21237/5 "2005-10-03T09:56:46Z")

</div>

Thanks! I see I was wrongly/under informed here... I hadn't intended  
to start a discussion about ideologies. 🙂

My interest is in the context of a project centred on a closed-source  
core which needs to be extended to allow scripting of its abilities. I  
can envision freely shared embedded scripts - but this is not an  
option for the existing project core. Ruby looks as if it would be a  
great language to embed from a technical perspective, but (as this is  
one of several potential approaches) I want to be sure that using Ruby  
in this way would not be prohibited (or frowned upon by the ruby  
community.)

If Ruby were to be used, the standard ruby distribution would need to  
be shipped, there would be a number of sample 'fragments' of Ruby  
source code (public domain licence here would be ideal) and a simple  
library of 'helpful' ruby classes likely to be useful to people  
extending the closed system with their own bespoke scripts. There  
would also need to be several proprietary 'server' executables into  
which a Ruby interpreter has been embedded. These would definitely not  
comply with the GPL as not all the source code can be shipped for these  
executables.

(I think) you've confirmed that Ruby should not pose a licence  
problem in this context. I'll have to carefully read the licence of  
the distribution before any decision is made.

Thanks again,  
Steve

---

<div class="post-metadata">

**Author:** ![Christian\_Neukirche1](https://avatars.discourse-cdn.com/v4/letter/c/ee7513/32.png) [@Christian\_Neukirche1](https://rubytalk.org/u/Christian_Neukirche1)\
**Post date:** [2 October 2005 16:56 UTC](https://rubytalk.org/t/ruby-licence/21237/6 "2005-10-02T16:56:37Z")

</div>

Kevin Brown \<blargity@gmail.com\> writes:

> > My role as a free software advocate is to  
> > whine about the fact that these licenses do not offer a strong  
> > copyleft.  
> > [\*snip\*]
> > 
> > I work on commercial code... [\*snip\*]

> Richard Stallman would be ASHAMED!!!  
> \</sarcasm\>

In case you didn't notice, the FSF is not opposed to commercial code,  
but closed code.

> **···**
>
> > On Saturday 01 October 2005 20:51, Gregory Brown wrote:
> 
> > (Note, I'm currently working on commercial software. Smile a little. It's  
> > ok.)
> 
> --  
> Christian Neukirchen \<chneukirchen@gmail.com\> [http://chneukirchen.org](http://chneukirchen.org)

---

<div class="post-metadata">

**Author:** ![James\_Edward\_Gray\_II](https://avatars.discourse-cdn.com/v4/letter/j/ea5d25/32.png) [@James\_Edward\_Gray\_II](https://rubytalk.org/u/James_Edward_Gray_II)\
**Post date:** [2 October 2005 17:01 UTC](https://rubytalk.org/t/ruby-licence/21237/7 "2005-10-02T17:01:59Z")

</div>

The reference was to Stallman, not the FSF. As near as I can tell, Stallman is opposed to everything. 😉

(The above is a joke. Please laugh. I really wasn't trying to start a fight.)

James Edward Gray II

> **···**
>
> On Oct 2, 2005, at 11:56 AM, Christian Neukirchen wrote:
> 
> > Kevin Brown \<blargity@gmail.com\> writes:
> > 
> > > On Saturday 01 October 2005 20:51, Gregory Brown wrote:
> > > 
> > > > My role as a free software advocate is to  
> > > > whine about the fact that these licenses do not offer a strong  
> > > > copyleft.  
> > > > [\*snip\*]
> > > > 
> > > > I work on commercial code... [\*snip\*]
> > > 
> > > Richard Stallman would be ASHAMED!!!  
> > > \</sarcasm\>
> > 
> > In case you didn't notice, the FSF is not opposed to commercial code,  
> > but closed code.

---

<div class="post-metadata">

**Author:** ![Kevin\_Brown](https://avatars.discourse-cdn.com/v4/letter/k/73ab20/32.png) [@Kevin\_Brown](https://rubytalk.org/u/Kevin_Brown)\
**Post date:** [2 October 2005 17:03 UTC](https://rubytalk.org/t/ruby-licence/21237/8 "2005-10-02T17:03:09Z")

</div>

I didn't notice, as it's quite hard to sell software when one person can buy  
it and then give it away to everyone else for free with no legal  
consequences.

[\*snip\*]

> **···**
>
> On Sunday 02 October 2005 10:56, Christian Neukirchen wrote:
> 
> > Kevin Brown \<blargity@gmail.com\> writes:  
> > \> On Saturday 01 October 2005 20:51, Gregory Brown wrote:  
> > \>\> My role as a free software advocate is to  
> > \>\> whine about the fact that these licenses do not offer a strong  
> > \>\> copyleft.  
> > \>\> [\*snip\*]  
> > \>\>  
> > \>\> I work on commercial code... [\*snip\*]  
> > \>  
> > \> Richard Stallman would be ASHAMED!!!  
> > \> \</sarcasm\>
> > 
> > In case you didn't notice, the FSF is not opposed to commercial code,  
> > but closed code.

---

<div class="post-metadata">

**Author:** ![Christian\_Neukirche1](https://avatars.discourse-cdn.com/v4/letter/c/ee7513/32.png) [@Christian\_Neukirche1](https://rubytalk.org/u/Christian_Neukirche1)\
**Post date:** [2 October 2005 18:45 UTC](https://rubytalk.org/t/ruby-licence/21237/9 "2005-10-02T18:45:45Z")

</div>

Kevin Brown \<blargity@gmail.com\> writes:

> > \>\> I work on commercial code... [\*snip\*]  
> > \>  
> > \> Richard Stallman would be ASHAMED!!!  
> > \> \</sarcasm\>
> > 
> > In case you didn't notice, the FSF is not opposed to commercial code,  
> > but closed code.
> 
> I didn't notice, as it's quite hard to sell software when one person can buy  
> it and then give it away to everyone else for free with no legal  
> consequences.

FYI, Stallman made some money to get the FSF started by distributing  
Emacs on tape.

[http://www.gnu.org/philosophy/selling.html](http://www.gnu.org/philosophy/selling.html)

> Distributing free software is an opportunity to raise funds for  
> development. Don't waste it!

It may be even possible (but the FSF surely doesn't encourage to) to  
sell commercial licenses, cf. MySQL (though they are not the best  
example).

I get the intent of the joke, but I think it is important to clarify  
this issue.

> **···**
>
> --  
> Christian Neukirchen \<chneukirchen@gmail.com\> [http://chneukirchen.org](http://chneukirchen.org)

---

<div class="post-metadata">

**Author:** ![Greg\_Brown](https://avatars.discourse-cdn.com/v4/letter/g/e56c9b/32.png) [@Greg\_Brown](https://rubytalk.org/u/Greg_Brown)\
**Post date:** [2 October 2005 22:36 UTC](https://rubytalk.org/t/ruby-licence/21237/10 "2005-10-02T22:36:47Z")

</div>

James Edward Gray II wrote:

> **···**
>
> > On Oct 2, 2005, at 11:56 AM, Christian Neukirchen wrote:
> > 
> > \> Kevin Brown \<blargity@gmail.com\> writes:  
> > \>\> Richard Stallman would be ASHAMED!!!  
> > \>\> \</sarcasm\>  
> > \>\>  
> > \>  
> > \> In case you didn't notice, the FSF is not opposed to commercial code,  
> > \> but closed code.
> > 
> > The reference was to Stallman, not the FSF. As near as I can tell,  
> > Stallman is opposed to everything. 😉
> 
> Richard Stallman does not pretend to be anything less than an idealist.  
> However, the first thing I got through his parser without some sort of  
> conflicts was amazingly my company proposal. For the easily  
> entertained, this proposal can be read at the link below.
> 
> [http://www.stonecode.org/blog/?p=6](http://www.stonecode.org/blog/?p=6)

---

<div class="post-metadata">

**Author:** ![Kevin\_Brown](https://avatars.discourse-cdn.com/v4/letter/k/73ab20/32.png) [@Kevin\_Brown](https://rubytalk.org/u/Kevin_Brown)\
**Post date:** [2 October 2005 19:16 UTC](https://rubytalk.org/t/ruby-licence/21237/11 "2005-10-02T19:16:27Z")

</div>

> Kevin Brown \<blargity@gmail.com\> writes:  
> \>\> \>\> I work on commercial code... [\*snip\*]  
> \>\> \>  
> \>\> \> Richard Stallman would be ASHAMED!!!  
> \>\> \> \</sarcasm\>  
> \>\>  
> \>\> In case you didn't notice, the FSF is not opposed to commercial code,  
> \>\> but closed code.  
> \>  
> \> I didn't notice, as it's quite hard to sell software when one person can  
> \> buy it and then give it away to everyone else for free with no legal  
> \> consequences.
> 
> FYI, Stallman made some money to get the FSF started by distributing  
> Emacs on tape.
> 
> [Selling Free Software - GNU Project - Free Software Foundation](http://www.gnu.org/philosophy/selling.html)

I was already 100% aware of this, and the fact that they still have no problem  
selling the \_distribution\_ of free software. My point is that I see this as  
a problem, for instance in my current system.

I'm not sure how much it will/won't sell. That's not my problem. The problem  
comes that I feel a much higher need to produce high quality software than to  
ensure it meets a license guideline. Thus, if I provide a way to distribute  
it, it will be a good way. While technically Transgaming meets GPL, it does  
so by giving you the code in an unuseful fashion.

This system will be written in Ruby. Therefore they get the code when I  
distribute anyway. The only additional license requirement above the GPL is  
that when a copy goes between companies (this will not be of interest to  
individuals), that my company gets a \_reasonable\_ charge. I see this as  
being more valuable to the common good than what transgaming is doing,  
because if I were to distribute the source of my app, my company would  
require me to make it more adventageous for the customer to buy.

> \> Distributing free software is an opportunity to raise funds for  
> \> development. Don't waste it!
> 
> It may be even possible (but the FSF surely doesn't encourage to) to  
> sell commercial licenses, cf. MySQL (though they are not the best  
> example).

This is why I'm responding. It's the problem I have with the FSF and the  
like. It's 100% \_POSSIBLE\_. It's easy to do. Dual licensing even fits in  
the GPL. Whether that fits into the piles of ethics of above groups is the  
only question, but there was never a problem with the possibility of doing  
so. So it annoys me to no end when these groups refer to the possibility of  
a concept when they really mean "should we say this an ok usage of free  
software?" Which is ironic as it implies that \_free\_ software should have  
controls to FORCE it to STAY FREE OR ELSE YOU EVIL CAPITALIST PIG, which is  
in many ways as unfree as the very software I'm writing. Once they've bought  
my product, they have the source, and can modify/extend/learn to their  
heart's content. If they sell something off of it, or re-distribute, we  
believe we deserve a cut.

> I get the intent of the joke, but I think it is important to clarify  
> this issue.

As do I. 🙂 I think DRM, Microsoft style licensing, and the like are very  
very dumb. We really are on the same team here, just that I feel people  
should be able to charge for ANY distribution of the software, and  
FSF/whoever feels only the first distribution of the software should be  
chargable. How this makes software free or not, I'm not really sure.  
Stallman likes to talk about a gas tax being better than toll booths. I  
agree. All we want is a gas tax. I'm not going to make people call and  
activate their product/enter serial numbers/whatever, nor am I going to  
obfuscate the source.

> **···**
>
> On Sunday 02 October 2005 12:45, Christian Neukirchen wrote:

---

<div class="post-metadata">

**Author:** ![Christian\_Neukirche1](https://avatars.discourse-cdn.com/v4/letter/c/ee7513/32.png) [@Christian\_Neukirche1](https://rubytalk.org/u/Christian_Neukirche1)\
**Post date:** [2 October 2005 20:01 UTC](https://rubytalk.org/t/ruby-licence/21237/12 "2005-10-02T20:01:42Z")

</div>

Kevin Brown \<blargity@gmail.com\> writes:

> > FYI, Stallman made some money to get the FSF started by distributing  
> > Emacs on tape.
> > 
> > [Selling Free Software - GNU Project - Free Software Foundation](http://www.gnu.org/philosophy/selling.html)
> 
> I was already 100% aware of this, and the fact that they still have no problem  
> selling the \_distribution\_ of free software. My point is that I see this as  
> a problem, for instance in my current system.
> 
> I'm not sure how much it will/won't sell. That's not my problem. The problem  
> comes that I feel a much higher need to produce high quality software than to  
> ensure it meets a license guideline. Thus, if I provide a way to distribute  
> it, it will be a good way. While technically Transgaming meets GPL, it does  
> so by giving you the code in an unuseful fashion.

I'm not familiar with Transgaming... do you mean that only CVS is  
accessible but "proper" releases are not?

> This system will be written in Ruby. Therefore they get the code when I  
> distribute anyway. The only additional license requirement above the GPL is  
> that when a copy goes between companies (this will not be of interest to  
> individuals), that my company gets a \_reasonable\_ charge. I see this as  
> being more valuable to the common good than what transgaming is doing,  
> because if I were to distribute the source of my app, my company would  
> require me to make it more adventageous for the customer to buy.

This clause makes your system non-free, both to the GPL and the DFSG.  
Imagine I'd like to extend your program, but you don't accept my  
patches for reasons whatsoever. I can redistribute my extended  
program, but I/my users need to pay \*you\* for every distribution?  
Sorry, but this doesn't fit my mental model of free software. It more  
sounds like dictatorship of the initial author. Remember that free  
software also means you decline some of your rights for the good of  
everyone.

> > It may be even possible (but the FSF surely doesn't encourage to) to  
> > sell commercial licenses, cf. MySQL (though they are not the best  
> > example).
> 
> This is why I'm responding. It's the problem I have with the FSF and the  
> like. It's 100% \_POSSIBLE\_. It's easy to do. Dual licensing even fits in  
> the GPL. Whether that fits into the piles of ethics of above groups is the  
> only question, but there was never a problem with the possibility of doing  
> so. So it annoys me to no end when these groups refer to the possibility of  
> a concept when they really mean "should we say this an ok usage of free  
> software?"

But see, there is no other way. It's like the Pope saying there is  
the possibility of using condoms, in case you really don't want  
children.

> Which is ironic as it implies that \_free\_ software should have  
> controls to FORCE it to STAY FREE

Therefore the "viral" clause.

> OR ELSE YOU EVIL CAPITALIST PIG,

Except "capitalist" is inappropriate here, for reasons mentioned in an  
earlier post. 🙂

> which is in many ways as unfree as the very software I'm writing.

If you think this is too "unfree", you are welcome to use a BSD-like  
license for your system. (But please don't let us go into \*that\*  
discussion.)

> Once they've bought my product, they have the source, and can  
> modify/extend/learn to their heart's content. If they sell  
> something off of it, or re-distribute, we believe we deserve a cut.

These are fundamental rights they'd even have if you were Microsoft  
and sold them licenses of your software under their known EULAs.  
This is not what free software is about. You drop Freedom #2 and #3:

> **[What is Free Software?
- GNU Project - Free Software Foundation](http://www.gnu.org/philosophy/free-sw.html)**
>
> Since 1983, developing the free Unix style operating system GNU, so that computer users can have the freedom to share and improve the software they use.

> # The freedom to redistribute copies so you can help your neighbor (freedom 2).  
> # The freedom to improve the program, and release your improvements  
> to the public, so that the whole community benefits (freedom 3).

And it goes on:

> Thus, you should be free to redistribute copies, either with or  
> without modifications, either gratis or charging a fee for  
> distribution, to anyone anywhere. Being free to do these things  
> means (among other things) that you do not have to ask or pay for  
> permission.

These points are very important for free software, the concept doesn't  
work with your suggested changes.

> > I get the intent of the joke, but I think it is important to clarify  
> > this issue.
> 
> As do I. 🙂 I think DRM, Microsoft style licensing, and the like are very  
> very dumb. We really are on the same team here,

Yes, we are. And please excuse if this post sounds zealoty, but I  
need to make a point.

> just that I feel people should be able to charge for ANY  
> distribution of the software, and FSF/whoever feels only the first  
> distribution of the software should be chargable. How this makes  
> software free or not, I'm not really sure.

As mentioned, you take away half of the freedoms the GPL grants! It  
sure makes a difference.

> Stallman likes to talk about a gas tax being better than toll  
> booths. I agree. All we want is a gas tax.

I didn't hear that comparision yet. And I'm sure the Germans would  
disagree 😉

> I'm not going to make people call and activate their product/enter  
> serial numbers/whatever, nor am I going to obfuscate the source.

Thank you. Even if your system won't be free software, the users will  
be thankful for this.

[Please reply privately if you think it's getting off-topic.]

> **···**
>
> > On Sunday 02 October 2005 12:45, Christian Neukirchen wrote:
> 
> --  
> Christian Neukirchen \<chneukirchen@gmail.com\> [http://chneukirchen.org](http://chneukirchen.org)

---

<div class="post-metadata">

**Author:** ![Greg\_Brown](https://avatars.discourse-cdn.com/v4/letter/g/e56c9b/32.png) [@Greg\_Brown](https://rubytalk.org/u/Greg_Brown)\
**Post date:** [2 October 2005 22:01 UTC](https://rubytalk.org/t/ruby-licence/21237/13 "2005-10-02T22:01:47Z")

</div>

Kevin Brown wrote:

> This is why I'm responding. It's the problem I have with the FSF and the  
> like. It's 100% \_POSSIBLE\_. It's easy to do. Dual licensing even fits in  
> the GPL. Whether that fits into the piles of ethics of above groups is the  
> only question, but there was never a problem with the possibility of doing  
> so. So it annoys me to no end when these groups refer to the possibility of  
> a concept when they really mean "should we say this an ok usage of free  
> software?" Which is ironic as it implies that \_free\_ software should have  
> controls to FORCE it to STAY FREE OR ELSE YOU EVIL CAPITALIST PIG, which is  
> in many ways as unfree as the very software I'm writing.

Permitting software to be commercial is part of the definition of free  
software. Non-commercial licenses are NOT considered free software by  
the FSF. In fact, to be GPL compatible, a license must explicitly  
allow for commercial sale.

> Once they've bought  
> my product, they have the source, and can modify/extend/learn to their  
> heart's content. If they sell something off of it, or re-distribute, we  
> believe we deserve a cut.

How far down the chain do you think this works? Do you think that an  
author should pay for every book written in word? The ethics of this  
boil down to software licensing, which by definition makes a piece of  
software non free.

Whether or not this is good economics I will not flame on about.

As a side note, the idea behind commercial free software is that your  
money should come from a service you provide that requires your time or  
resources, such as improvements to code, convenient packaging,  
documentation, etc, and not to the imaginary costs of replication,  
which simply do not exist. Of course, you're free to charge whatever  
people are willing to pay for your software, but there is no reason  
that you should have a cut of their creations, whether or not they've  
been inspired by you, because it is there extra effort that yields the  
money. If this type of collaboration does not appeal to you, why even  
bother using free software?

Of course, if you DO make your software free you can't demand a cut of  
their money, but you can always integrate the improvements they've made  
back into your work, which is a net benifit that probably outweighs  
that of royalties.

The nature of copyleft is certainly subjective. I support it fully,  
many in the ruby community do not. This is why you're free to use a  
non copylefted free software license that is GPL compatible and keep  
everyone happy.

\<insult\>

Then again, it seems like you're more interested in money than people  
anyway, in which case, perhaps you might charge every time someone  
types a keystroke into your program, considering that it IS interfacing  
with your program, after all.

\</insult\>

---

<div class="post-metadata">

**Author:** ![Jeremy\_Tregunna](https://avatars.discourse-cdn.com/v4/letter/j/e99b99/32.png) [@Jeremy\_Tregunna](https://rubytalk.org/u/Jeremy_Tregunna)\
**Post date:** [2 October 2005 22:38 UTC](https://rubytalk.org/t/ruby-licence/21237/14 "2005-10-02T22:38:32Z")

</div>

> Kevin Brown wrote:
> 
> > This is why I'm responding. It's the problem I have with the FSF and the  
> > like. It's 100% \_POSSIBLE\_. It's easy to do. Dual licensing even fits in  
> > the GPL. Whether that fits into the piles of ethics of above groups is the  
> > only question, but there was never a problem with the possibility of doing  
> > so. So it annoys me to no end when these groups refer to the possibility of  
> > a concept when they really mean "should we say this an ok usage of free  
> > software?" Which is ironic as it implies that \_free\_ software should have  
> > controls to FORCE it to STAY FREE OR ELSE YOU EVIL CAPITALIST PIG, which is  
> > in many ways as unfree as the very software I'm writing.
> 
> Permitting software to be commercial is part of the definition of free  
> software. Non-commercial licenses are NOT considered free software by  
> the FSF. In fact, to be GPL compatible, a license must explicitly  
> allow for commercial sale.

Not necessarily, the license just must not explicitly forbid commercial sale to be GPL compatible.

> \<insult\>  
> ...  
> \</insult\>

Can't we all just get along?

> **···**
>
> On 2-Oct-05, at 6:01 PM, Greg Brown wrote:
> 
> --  
> Jeremy Tregunna  
> jtregunna@blurgle.ca
> 
> "If debugging is the process of removing bugs, then programming must be the process of putting them in." --Dykstra

---

<div class="post-metadata">

**Author:** ![snacktime](https://avatars.discourse-cdn.com/v4/letter/s/7feea3/32.png) [@snacktime](https://rubytalk.org/u/snacktime)\
**Post date:** [2 October 2005 23:08 UTC](https://rubytalk.org/t/ruby-licence/21237/15 "2005-10-02T23:08:27Z")

</div>

> Kevin Brown wrote:
> 
> \> This is why I'm responding. It's the problem I have with the FSF and the  
> \> like. It's 100% \_POSSIBLE\_. It's easy to do. Dual licensing even fits in  
> \> the GPL. Whether that fits into the piles of ethics of above groups is  
> the  
> \> only question, but there was never a problem with the possibility of  
> doing  
> \> so. So it annoys me to no end when these groups refer to the possibility  
> of  
> \> a concept when they really mean "should we say this an ok usage of free  
> \> software?" Which is ironic as it implies that \_free\_ software should  
> have  
> \> controls to FORCE it to STAY FREE OR ELSE YOU EVIL CAPITALIST PIG, which  
> is  
> \> in many ways as unfree as the very software I'm writing.
> 
> Permitting software to be commercial is part of the definition of free  
> software. Non-commercial licenses are NOT considered free software by  
> the FSF. In fact, to be GPL compatible, a license must explicitly  
> allow for commercial sale.
> 
> \> Once they've bought  
> \> my product, they have the source, and can modify/extend/learn to their  
> \> heart's content. If they sell something off of it, or re-distribute, we  
> \> believe we deserve a cut.
> 
> How far down the chain do you think this works? Do you think that an  
> author should pay for every book written in word? The ethics of this  
> boil down to software licensing, which by definition makes a piece of  
> software non free.

Whether or not this is good economics I will not flame on about.

> As a side note, the idea behind commercial free software is that your  
> money should come from a service you provide that requires your time or  
> resources, such as improvements to code, convenient packaging,  
> documentation, etc, and not to the imaginary costs of replication,  
> which simply do not exist. Of course, you're free to charge whatever  
> people are willing to pay for your software, but there is no reason  
> that you should have a cut of their creations, whether or not they've  
> been inspired by you, because it is there extra effort that yields the  
> money.

It's the combination of the original work and modifications that make up the  
total value proposition. A derivitive work may indeed add value, but part of  
the overall value is in the original software.

> \<insult\>
> 
> Then again, it seems like you're more interested in money than people  
> anyway, in which case, perhaps you might charge every time someone  
> types a keystroke into your program, considering that it IS interfacing  
> with your program, after all.
> 
> \</insult\>

That's not really fair. Even if you believe that software patents are bad  
for people, as an intelligent person you have to realize that many do not  
agree. Personally I think that the goals of the FSF if realized would harm a  
lot more people then it would help, and I don't think you care less about  
people because you see it differently. I might think you are wrong and  
debate your logic and understanding of economics, but I wouldn't call you a  
bad person just because you see it differently.

Chris

> **···**
>
> On 10/2/05, Greg Brown \<greg7224@gmail.com\> wrote:

---

<div class="post-metadata">

**Author:** ![Kevin\_Brown](https://avatars.discourse-cdn.com/v4/letter/k/73ab20/32.png) [@Kevin\_Brown](https://rubytalk.org/u/Kevin_Brown)\
**Post date:** [3 October 2005 02:06 UTC](https://rubytalk.org/t/ruby-licence/21237/16 "2005-10-03T02:06:25Z")

</div>

> Kevin Brown wrote:

[\*snip\*]

> \> Once they've bought  
> \> my product, they have the source, and can modify/extend/learn to their  
> \> heart's content. If they sell something off of it, or re-distribute, we  
> \> believe we deserve a cut.
> 
> How far down the chain do you think this works? Do you think that an  
> author should pay for every book written in word? The ethics of this  
> boil down to software licensing, which by definition makes a piece of  
> software non free.

Not far at all. They do not have to pay per use, machine, or anything of the  
sort. Simply, once your company purchases the product, the company can use  
it to fit their needs, unless that involves giving it to a different company.

> Whether or not this is good economics I will not flame on about.
> 
> As a side note, the idea behind commercial free software is that your  
> money should come from a service you provide that requires your time or  
> resources, such as improvements to code, convenient packaging,  
> documentation, etc, and not to the imaginary costs of replication,  
> which simply do not exist. Of course, you're free to charge whatever  
> people are willing to pay for your software, but there is no reason  
> that you should have a cut of their creations, whether or not they've  
> been inspired by you, because it is there extra effort that yields the  
> money. If this type of collaboration does not appeal to you, why even  
> bother using free software?

It does appeal to me, and the other reason to use free software is that it's  
(in my opinion) better. Period.

> Of course, if you DO make your software free you can't demand a cut of  
> their money, but you can always integrate the improvements they've made  
> back into your work, which is a net benifit that probably outweighs  
> that of royalties.
> 
> The nature of copyleft is certainly subjective. I support it fully,  
> many in the ruby community do not. This is why you're free to use a  
> non copylefted free software license that is GPL compatible and keep  
> everyone happy.
> 
> \<insult\>
> 
> Then again, it seems like you're more interested in money than people  
> anyway, in which case, perhaps you might charge every time someone  
> types a keystroke into your program, considering that it IS interfacing  
> with your program, after all.

I never considered for a second anything that interferes with the way the  
program works. Doing this would involve logging keystrokes, counting,  
calling home, lots of extra junk.

Side note: The people who buy my software WILL charge their customers by the  
keystroke, or more accurately by the record entered. They are data entry  
houses.

> **···**
>
> On Sunday 02 October 2005 16:01, Greg Brown wrote:
> 
> > \</insult\>

---

<div class="post-metadata">

**Author:** ![Greg\_Brown](https://avatars.discourse-cdn.com/v4/letter/g/e56c9b/32.png) [@Greg\_Brown](https://rubytalk.org/u/Greg_Brown)\
**Post date:** [2 October 2005 22:51 UTC](https://rubytalk.org/t/ruby-licence/21237/17 "2005-10-02T22:51:46Z")

</div>

Jeremy Tregunna wrote:

> Not necessarily, the license just must not explicitly forbid commercial  
> sale to be GPL compatible.

> From Richard Stallman:

" The 'Ruby license' does not give permission to sell copies.  
&nbsp;&nbsp;So it is not a free software license.

&nbsp;&nbsp;Only the fact that Ruby is also available under the GPL  
&nbsp;&nbsp;makes Ruby free software "

In order to be GPL compatible or to be free software (according to the  
FSF, at least ), you must explicitly protect all of the essential  
freedoms of free software.

For the specifics:

> **[What is Free Software?
- GNU Project - Free Software Foundation](https://www.gnu.org/philosophy/free-sw.html)**
>
> Since 1983, developing the free Unix style operating system GNU, so that computer users can have the freedom to share and improve the software they use.

> Can't we all just get along?

Sorry... couldn't help being a bit facetious there.  
But you're right, it was unnecessary.

---

<div class="post-metadata">

**Author:** ![Greg\_Brown1](https://avatars.discourse-cdn.com/v4/letter/g/258eb7/32.png) [@Greg\_Brown1](https://rubytalk.org/u/Greg_Brown1)\
**Post date:** [2 October 2005 23:16 UTC](https://rubytalk.org/t/ruby-licence/21237/18 "2005-10-02T23:16:46Z")

</div>

snacktime wrote:

> It's the combination of the original work and modifications that make up the  
> total value proposition. A derivitive work may indeed add value, but part of  
> the overall value is in the original software.

This is true, but it is assumed that that part had already been paid  
for once, and that people buying the derivative work are paying for  
those enhancements, not the original software. Afterall, if those  
enhancements weren't worth the money, individuals would buy the  
original software.

The argument then becomes what if this third party sells the product  
for cheaper than the original company or distributes it for free?

This is a very real issue, and my best response is that companies  
should be in the position to make money off of service and innovation,  
not the notion of 'intellectual property'. If they are already  
centered around such a business model, the loss of royalties will be  
minimal compared to the gain of others innovation and contribution. If  
the business model is IP centric, then without a doubt, they will lose  
out. This is the risk / payoff scenario a company must evaluate before  
choosing to make their software free.

> That's not really fair. Even if you believe that software patents are bad  
> for people, as an intelligent person you have to realize that many do not  
> agree. Personally I think that the goals of the FSF if realized would harm a  
> lot more people then it would help, and I don't think you care less about  
> people because you see it differently. I might think you are wrong and  
> debate your logic and understanding of economics, but I wouldn't call you a  
> bad person just because you see it differently.

You're right. My insult was uncalled for and I apologize to the OP and  
to others for having said it, though it was more of a joke than  
anything.

---

<div class="post-metadata">

**Author:** ![Greg\_Brown1](https://avatars.discourse-cdn.com/v4/letter/g/258eb7/32.png) [@Greg\_Brown1](https://rubytalk.org/u/Greg_Brown1)\
**Post date:** [3 October 2005 03:56 UTC](https://rubytalk.org/t/ruby-licence/21237/19 "2005-10-03T03:56:47Z")

</div>

Kevin Brown wrote:

> \> Kevin Brown wrote:  
> [\*snip\*]  
> \> \> Once they've bought  
> \> \> my product, they have the source, and can modify/extend/learn to their  
> \> \> heart's content. If they sell something off of it, or re-distribute, we  
> \> \> believe we deserve a cut.  
> \>  
> \> How far down the chain do you think this works? Do you think that an  
> \> author should pay for every book written in word? The ethics of this  
> \> boil down to software licensing, which by definition makes a piece of  
> \> software non free.
> 
> Not far at all. They do not have to pay per use, machine, or anything of the  
> sort. Simply, once your company purchases the product, the company can use  
> it to fit their needs, unless that involves giving it to a different company.

That's still technically not free software. I think this may fit under  
the Open Source definition though. Which of course, is better than  
proprietary software and I've worked (and am working) on projects that  
are under this kind of model. I still think that to go free where  
possible is best, but any openness is better than none.

> I never considered for a second anything that interferes with the way the  
> program works. Doing this would involve logging keystrokes, counting,  
> calling home, lots of extra junk.

Good. Sorry about that ridiculous accusation.

> Side note: The people who buy my software WILL charge their customers by the  
> keystroke, or more accurately by the record entered. They are data entry  
> houses.

Yeah, I know how they roll, I'm basically in the same boat 🙂

> **···**
>
> > On Sunday 02 October 2005 16:01, Greg Brown wrote:

---

<div class="post-metadata">

**Author:** ![Jeremy\_Tregunna](https://avatars.discourse-cdn.com/v4/letter/j/e99b99/32.png) [@Jeremy\_Tregunna](https://rubytalk.org/u/Jeremy_Tregunna)\
**Post date:** [2 October 2005 22:59 UTC](https://rubytalk.org/t/ruby-licence/21237/20 "2005-10-02T22:59:24Z")

</div>

> Jeremy Tregunna wrote:
> 
> > Not necessarily, the license just must not explicitly forbid commercial  
> > sale to be GPL compatible.
> 
> > From Richard Stallman:
> 
> " The 'Ruby license' does not give permission to sell copies.  
> &nbsp;&nbsp;So it is not a free software license.

I was talking about the GPL not the Ruby License.

> &nbsp;&nbsp;Only the fact that Ruby is also available under the GPL  
> &nbsp;&nbsp;makes Ruby free software "
> 
> In order to be GPL compatible or to be free software (according to the  
> FSF, at least ), you must explicitly protect all of the essential  
> freedoms of free software.

No, in order to be GPL compatible (from a legal standpoint) you need only to implicitly permit everything the GPL would, and not explicitly add restrictions. What the FSF wants and what it is entitled to are two entirely different things. I need not explicitly permit everything the GPL does to be GPL compatible (c.f. 3 clause BSD License, etc).

> For the specifics:  
> [What is Free Software? - GNU Project - Free Software Foundation](http://www.fsf.org/licensing/essays/free-sw.html)

I'm well informed with the FSF's idiology; I can agree in points, but not in its entirety; and I will not argue idiology with you or anyone else on this list.

> **···**
>
> On 2-Oct-05, at 6:51 PM, Greg Brown wrote:
> 
> --  
> Jeremy Tregunna  
> jtregunna@blurgle.ca
> 
> "If debugging is the process of removing bugs, then programming must be the process of putting them in." --Dykstra

[Next page](https://rubytalk.org/t/ruby-licence/21237.md?page=2)
