thoughts about legally shaky software licenses, somewhat hot take
So there's an increasingly common argument in favour of licenses that prohibit using the software for evil, or other difficult-to-define restrictions - the argument goes that it's *good* that it's unclear from a legal perspective, because that scares off the people you don't want using your software.
While that is true, and I agree with the *spirit* of the idea, I think that that's overlooking the collateral damage of this approach, which has two main forms:
1. Your software will be legally risky to *any* kind of high-profile organization, *including* the ones doing good work, and so it will be unavailable to them too
2. More insidiously, it makes it very difficult to build on top of, limiting the benefit it has to the *desirable* users. I'll explain this one more below.
Building on top of someone else's software is usually a big decision that's mostly irreversible, you become entirely dependent on the upstream; you need a pretty large amount of trust in the upstream to make that kind of decision, as the future of your project (and all the work you've put into it) will hinge on it.
This is a problem especially in the context of disabled and otherwise margnalized folks who are trying to tackle difficult problems; they'll often have a very limited amount of energy, and will want to make it count.
That means that they are both a) dependent on building on top of other people's work, to reduce the energy that's needed to build a thing, and b) *particularly* badly affected if something goes wrong with the upstream, and therefore need an even higher level of trust.
Not only that, but those same marginalized folks are also some of the most vulnerable to legal pressure, including from eg. copyright trolls.
All this creates a situation where such 'shaky' licenses become a hazard; anything licensed like that may not be safe to build upon, and even if it is, their *own* project may get disregarded by others because it inherits the shakiness of the upstream's license - and they may well be targeting a whole different demographic that *does* care about this, even if the upstream doesn't.
The end result is that shakily-licensed software is not safe to build on, and so you end up severely limiting how many 'levels' of "building on top of other people's work" are possible with it - and that may sound appealing from the perspective of a 'dependencies bad' ideology, but it hampers the ability for marginalized communities to construct alternative systems and infrastructure more broadly.
This is why I don't like those kinds of licenses. Doing this on a license level all but guarantees that it is a threat only to the least privileged people, while the likely intended targets (governments, corporations) can mostly just ignore such restrictions anyway and get away with it.
If you *must* use such licenses, then please at least make sure you have an alternative solution to the question of "how are people going to be able to collaborate around this and build non-oppressive systems".
But really, there are probably better ways to scare off governments and corporations than a legal system that's stacked in their favour.
thoughts about legally shaky software licenses, somewhat hot take
@joepie91 google has a list of licenses they won't touch, and it doesn't take much.
fwiw.
thoughts about legally shaky software licenses, somewhat hot take
@owl Right. They don't want the WTFPL either, even though that is just about as unambiguous as it gets (and actual lawyers have confirmed that it's a valid license).
re: thoughts about legally shaky software licenses, somewhat hot take
@joepie91 @owl I suspect their legal department had a good look and decided they could get away with it.
Which, I think, is probably a point to anyone looking to pick a mostly-open-but-radioactive-to-megacorps licenses: unless there actually *are* restrictions that screw them over, they'll probably decide they can get away with it sooner or later.
thinking out loud about HL3 re: thoughts about legally shaky software licenses, somewhat hot take
@joepie91 @owl When it comes to imposing ethical restrictions on the use of software, the license we've been looking at most closely is the Hippocratic License: https://firstdonoharm.dev/
We are not lawyers, but it does seem like they went to substantial effort to make its restrictions specific and clear, including citing the sources they derived their terms from in order to help the cautious reader estimate more precisely how the terms are likely to be interpreted in court.
The supply chain term feels like the most intensely restrictive - if I were writing retrocomputing-related code, I would be concerned that projects would be unable to source components that meet the requirements. Which says something about my cynicism about the electronics industry.
a related issue with vague licenses re: thoughts about legally shaky software licenses, somewhat hot take
@joepie91 lying in bed thinking about this, we thought of another reason why marginalized people especially might be uncomfortable with ill-defined software licenses: what happens if someone whose work we built on top of pulls a milkshake duck and decides to start burning bridges? if they just Decide to sue us out of nowhere, what kind of a case can we make in court to protect ourselves?
a related issue with vague licenses re: thoughts about legally shaky software licenses, somewhat hot take
@packbat Yep. That's exactly the sort of thing I was alluding to with "only a threat to the least privileged people".
Copyright as a whole is a system of hierarchical power, a system of oppression; and as systems of hierarchical power always do, they might *claim* to protect the most vulnerable, but in practice they're a big hammer for the most privileged.
thoughts about legally shaky software licenses, somewhat hot take
@joepie91 "Your software will be legally risky to *any* kind of high-profile organization"
adding to that very specifically: this includes any distro other than AUR, nixpkgs, flathub, and snapcraft.