Tiziano Mengotti and Rene Tegel are the lead developers on the GPU project. Mengotti is the driving force behind the license "patch," which says "the program and its derivative work will neither be modified or executed to harm any human being nor through inaction permit any human being to be harmed."
Mengotti says the clause is specifically intended to prevent military use. "We are software developers who dedicate part of our free time to open source development. The fact is that open source is used by the military industry. Open source operating systems can steer warplanes and rockets. [This] patch should make clear to users of the software that this is definitely not allowed by the licenser."
He says some might think an attempt to prevent military use might be "too idealistic" and would not work in practice, but he references the world of ham radio, whose rules specify that the technology is not to be used commercially. "Surprisingly enough, this rule is respected by almost every ham operator."
The developers readily acknowledge that the "patch" contradicts the original intention of the GPL, to provide complete freedom for users of software and source code licensed under it. "This license collides with paragraph six of the Open Source Definition," is how they word it in the license preamble.
Richard Stallman, the founder of the Free Software movement and author of the GPL, says that while he doesn't support the philosophy of "open source," neither does he believe software developers or distributors have the right to try to control other people's activities through restricting the software they run. "Nonetheless, I don't think the requirement is entirely vacuous, so we cannot disregard it as legally void."
"As a pacifist, I sympathize with their goals," says Russ Nelson, a founding board member of the Open Source Initiative (OSI). "People who feel strongly about war will sometimes take actions which they realize are ineffectual, but make it clear that they are not willing to take action which directly supports war."
Tegel says he doesn't fully agree with the inclusion of the clause in GPU's license. "I see the point, and my personal opinion supports it, but I am not sure if it fits in a license," he says. "Like our Dutch military: I can say it is bad because it kills people and costs money. But on the other hand, we were taught by both our leftist and rightist teachers to enjoy our freedom due to the alliance freeing us from Nazis, a thing which I appreciate very much."
Both developers do agree about one aspect of their license clause. It is based on the first of science fiction writer Isaac Asimov's Three Law of Robotics, which states, "A robot may not harm a human being, or, through inaction, allow a human being to come to harm." That, they say, is a good thing, "because the guy was right," Tegel says, "and he showed the paradox that almost any technological development has to solve, whether it is software or an atom bomb. We must discuss now what ethical problems we may raise in the future."
Tina Gasperson writes about business and technology from an open source perspective.
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Oh dear, Azimov wrote those laws as
a literary device, so that
they would fail in interesting ways.
I hope the authors of the patch know what
they just said...
--dave
I recently gathered some links on this topic for part of <a href="http://fsfe.org/en/fellows/ciaran/weblog/alan_cox_5_minutes_on_gplv3_plus_comments" title="fsfe.org">a blog entry on Alan Cox speaking on GPLv3</a fsfe.org>:
I wonder what would have happened to their moralizing snobbery if Western Europe and their allies unilaterally disarmed after 1945.
You don't need to wonder about what "would have happened after 1945". We know what did happen when Great Britain reduced its military readiness in the 1930s.
I have a son who is 9 1/2 years old. If someone were trying to harm him you better believe I will kill that person without a moments thought. I will suffer afterwords for taking a life, but when it comes to my family there's no question at all. If/when you have children yourself you will understand this much better.
I am guessing that you don't have any children, yes? There are many situation that exist which are equal to or worse than putting a gun to the face. If you ever find yourself with children of your own you will know what I mean.
I can see only one situation where you would have to kill them and that is in the moment where they are literally pointing a gun at his face.
Professor Moglen’s affidavit also reiterates that the GPL is based on copyright law but reminds us that the GPL requires the author of software to unilaterally give up certain copyright rights. He suggests that the GPL actually subtracts from the usual exclusive rights of the author under copyright law, through the granting of unilateral permissions. Under the GPL, all persons observing its terms are unilaterally permitted all rights to use, copy and modify the software. Users who only use the software themselves or who modify the software only for their own use have no obligations under the GPL. Only persons who distribute have reciprocal obligations under the GPL. These include the obligation to release under the GPL, to include a copy of the GPL and to preserve notices relating to the GPL. Thus, the author of the software gives up his rights to control the actions of people who receive the software and do not distribute it, and these people have a unilateral right to use, copy and modify the software. Once software is released under the GPL, the releasing party cannot get it back or halt its use or modification without distribution.
The US military is by far the largest military in the world....
WRONG!
China has a standing army of somewhere around 200 million. That is almost equal to the entire population of the United States.
But facts have never mattered to you anti-American "peace activists", so go ahead with your nonsense about how the evil the US military is for finally standing up to terrorism and DOING something about it.
This isn't open source software. Per the definition, "6. No Discrimination Against Fields of Endeavor. The license must not restrict anyone from making use of the program in a specific field of endeavor. For example, it may not restrict the program from being used in a business, or from being used for genetic research."
This isn't Free Software. Per the definition,
Free Software requires freedom 0, "The freedom to run the program, for any purpose".
... or through inaction allow humans to be harmed?
Posted by: Anonymous Coward on August 15, 2006 12:08 AMIt would be perfectly acceptable to fire anti-missile weapons using this software. In fact, anti-missile weapons with this software built-in _must_ be fired when humans are attacked, according to the license.
Cast in that light, I wonder whether it really does contravene the OSD. It doesn't prevent the military using the software.
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