Viral license

Viral license is an alternative name for copyleft licenses, especially the GPL, that allows derivative works only when permissions are preserved in modified versions of the work.[1][2][3][4][5][6] Copyleft licenses include several common open-source and free content licenses, such as the GNU General Public License (GPL) and the Creative Commons Attribution-ShareAlike license (CC BY-SA).

Scope

The term is most often used to describe the GPL,[7][5][6] which requires that any derivative work also be licensed under compatible licenses with the GPL. The viral component is described as such because the licenses spreads a continuing use of the licenses in its derivatives.[8] The "virality" can force a license change of free software, e.g. when software is derived from two or more sources having incompatible viral licenses in which the derivative work could not be re-licensed at all.[7]

Although the concept is generally associated with licenses that promote free content, some have attempted to compare it to the proprietary original equipment manufacturer source code software distribution agreements which grant licensees the right to redistribute copies of the software, but restrict what terms can be in the end user license agreement.[9] Such licenses could be considered viral if they led derivative or connected software to gain the same license.

As an example of viral licensing outside software, after it was revealed that French author Michel Houellebecq plagiarized sections of Wikipedia articles in his novel La Carte et Le Territoire, some commentators said that this automatically made his entire book licensed under the CC BY-SA Attribution and ShareAlike license.[10]

History

The term 'General Public Virus' or 'GNU Public Virus' (GPV) as a pejorative name dates back to a year after the GPLv1 was released.[11][12][13][14][15][16] In 2001 Microsoft vice-president Craig Mundie remarked "This viral aspect of the GPL poses a threat to the intellectual property of any organization making use of it."[17] In another context, Steve Ballmer declared that code released under GPL is useless to the commercial sector (since it can only be used if the resulting surrounding code becomes GPL), describing it thus as "a cancer that attaches itself in an intellectual property sense to everything it touches".[18] In response to Microsoft's attacks on the GPL, several prominent Free Software developers and advocates released a joint statement supporting the license.[19]

Criticism of the term

According to Free Software Foundation compliance engineer David Turner, the term viral license creates a misunderstanding and a fear of using copylefted free software.[20] David McGowan has written that there is no reason to believe the GPL could force proprietary software to become free software, but could "try to enjoin the firm from distributing commercially a program that combined with the GPL'd code to form a derivative work, and to recover damages for infringement." If the firm "actually copied code from a GPL'd program, such a suit would be a perfectly ordinary assertion of copyright, which most private firms would defend if the shoe were on the other foot."[21] Richard Stallman has described this view with an analogy, saying, "The GPL's domain does not spread by proximity or contact, only by deliberate inclusion of GPL-covered code in your program. It spreads like a spider plant, not like a virus."[22]

Interoperability

Popular copyleft licenses, such as the GPL, have a clause allowing components to interact with non-copyleft components as long as the communication is abstract, such as executing a command-line tool with a set of switches or interacting with a Web server.[23] As a consequence, even if one module of an otherwise non-copyleft product is placed under the GPL, it may still be legal for other components to communicate with it normally. This allowed communication may or may not include reusing libraries or routines via dynamic linking — some commentators say it does,[24] the FSF asserts it does not and explicitly adds an exception allowing it in the license for the GNU Classpath re-implementation of the Java library.

The interoperability clauses are often pragmatically inoperative due to the vigorous enforcement and strict interpretation of the GPL as it related to integration, aggregation, and linking. It is argued that most forms of incorporation, aggregation, or connectivity with GPL-licensed code is a derivative work that must be licensed under the GPL. In recent years, a number of communities using GPL-incompatible licenses have dropped efforts and support for interoperability with GPL-licensed products in response to this trend. Some developers and communities have switched to the GPL or a GPL-compatible license in response, which critics and supporters alike agree is intentional result.

See also

References
  1. "Microsoft license spurns open source – CNET News". News.cnet.com. Retrieved 30 May 2015.
  2. Geere, Duncan (16 December 2011). "Some rights reserved: the alternatives to copyright (Wired UK)". Wired UK. Wired.co.uk. Retrieved 30 May 2015.
  3. "Glossary". A2Knetwork.org. Archived from the original on 26 April 2009. Retrieved 30 May 2015.
  4. "Inoculating Your Purchase – Contractual Protection from Viral Licenses in M&A Transactions" (PDF). Friedfrank.com. Archived (PDF) from the original on 17 October 2014. Retrieved 30 May 2015.
  5. Steve Nightingale; Philip Wood; Andrew Matangi; Amy Ryburn; Aisling Weir & Allan Yeoman (16 March 2015). "Legal update on Information and Communication Technology – July 2013". Archived from the original on 21 September 2013. Retrieved 4 February 2017. The principal fear relating to using OSS arises from a concept known as 'copyleft' (as in the opposite of copyright), which arises in some – though not all – OSS licences. More pejoratively known as 'viral' licences, copyleft licences (the most well-known of which are the GPLv2 and its successor GPLv3)
  6. New Media Rights (12 September 2008). "Open Source Licensing Guide". California Western School of Law. Retrieved 28 November 2015. The GPL license is 'viral,' meaning any derivative work you create containing even the smallest portion of the previously GPL licensed software must also be licensed under the GPL license.
  7. Nikolai Bezroukov (2000). "Comparative merits of GPL, BSD and Artistic licences (Critique of Viral Nature of GPL v.2 – or in Defense of Dual Licensing Idea)". Archived from the original on 22 December 2001. Viral property stimulates proliferation of licenses and contributes to the "GPL-enforced nightmare" – a situation when many other licenses are logically incompatible with the GPL and make life unnecessary difficult for developers working in the Linux environment (KDE is a good example here, Python is a less known example).
  8. Golden, Bernard (2005). "3". Succeeding with Open Source. Addison-Wesley. p. 44. ISBN 978-0-321-26853-2.
  9. Meeker, Heather J. (2008). "2". The Open Source Alternative. John Wiley and Sons. p. 11. ISBN 978-0-470-19495-9.
  10. "French Author Plagiarizes Wikipedia; Does That Mean His Entire Book Is Now CC Licensed?". Techdirt.com. 29 November 2010. Retrieved 30 May 2015.
  11. Vixie, Paul (6 March 2006). "Re: Section 5.2 (IPR encumberance) in TAK rollover requirement draft". IETF Namedroppers mailing list. Archived from the original on 27 September 2007. Retrieved 29 April 2007.
  12. "General Public Virus". Jargon File 2.2.1. 15 December 1990. Retrieved 29 April 2007.
  13. Hackvän, Stig (September 1999). "Reverse-engineering the GNU Public Virus – Is copyleft too much of a good thing?". Linux Journal. Archived from the original on 18 July 2011. Retrieved 29 April 2007.
  14. Stewart, Bill (8 October 1998). "Re: propose: 'cypherpunks license' (Re: Wanted: Twofish source code)". Cypherpunks mailing list. Archived from the original on 29 May 2007. Retrieved 29 April 2007.
  15. Buck, Joe (10 October 2000). "Re: Using of parse tree externally". GCC mailing list. Retrieved 29 April 2007.
  16. Griffis, L. Adrian (15 July 2000). "The GNU Public Virus". Retrieved 29 April 2007.
  17. Mundie, Craig (3 May 2001). "Speech Transcript – Craig Mundie". New York University Stern School of Business. Archived from the original on 21 June 2005. Retrieved 23 August 2008.
  18. Newbart, Dave (1 June 2001). "Microsoft CEO takes launch break with the Sun-Times". Chicago Sun-Times. Archived from the original on 15 June 2001.
  19. Free Software Leaders Stand Together  – via Wikisource.
  20. Byfield, Bruce (29 August 2006). "IT Manager's Journal: 10 Common Misunderstandings About the GPL". Retrieved 23 August 2008.
  21. David McGowan (2005), "Legal Aspects of Free and Open Source Software", in Joseph Feller; Brian Fitzgerald; Scott A. Hissam; Karim R. Lakahani (eds.), Perspectives on Free and Open Source Software, MIT Press, p. 382, ISBN 0-262-06246-1
  22. Poynder, Richard (21 March 2006). "The Basement Interviews: Freeing the Code". Retrieved 5 February 2010.
  23. "Frequently Asked Questions about the GNU Licenses". Free Software Foundation. 24 June 2008. Retrieved 23 August 2008.
  24. Raymond, Eric Steven (9 November 2002). "Licensing HOWTO". Retrieved 21 March 2010.
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