The Free Software Foundation launches the first draft of the GPL version 3 today at MIT. It’s an interesting time for Open Source Licences.
A few months ago we held Our Social World. One of the participants and a speaker was Simon Phipps of Sun. Simon is the Chief Open Source Officer. He spends a lot of time on Open Source and has been responsible for a number of initiatives in Sun, from reducing the number of Open Source licenses that they use, to setting up an Ombudsman to help the Open Source community interact with Sun. Simon has thought a lot about Open Source.
Simon and I had a discussion about Open Source. Simon sketched a model on a peice of paper about how he thinks of the open source environment.
This diagram has several notions embedded in it:

I think Simon calls this the FOSS Virtuous Cycle, and if I understood correctly, it’s the model upon which Sun’s Open Source strategy is predicated.
Let’s look at it in a bit of detail:
The model is built upon 3 pillars and breaks down into 3 interaction areas. (I’m not certain that the term ‘pillar’ was the one that Simon used.) The pillars are:
- The Commons of software that can be used – a body of software;
- The Developer – or developers - the people who build software;
- The Works – the software that they build using the Commons.
The Developer takes software from the Commons and uses this to build the Works. The Works or part of the Works are returned to the Commons for others to use.
This cycle is governed by forces in each area:
- Developers may use software from the Commons according to the terms of the Licence. Free and Open Source allow you to use software from a wide Commons;
- They produce the Works according to some Business Model. It may be that their work is supported by hardware sales, that they are enthusiasts working for free, or some other model;
- Governance controls the return of the Works or parts of the Works to the Commons.
This is a general model for software licensing. It works for commercial software too, whether collaborating or not collaborating (though if the whole cycle is inside a single company, it’s much less interesting). It allows organisations to collaborate on one level and compete in others; for instance, many companies can build products using the same Commons, and can compete at product level. Depending on the governance that applies, the products may gain features from the others over time.
Simon considers the Governance to be a key differentiating factor between licenses. In discussion he broke this into three sorts:
- The CYA style licence – BSD and Apache, for example. These licences don’t insist that software built using the Commons is returned to the Commons, although there’s a powerful force pushing developers to return their improvements to the Commons if they want their software to be supported
- File-based community licences – for instance the Mozilla Public Licence (MPL) or Sun’s Common Development and Distribution License (CDDL). These licences insist that any improvements of existing software in the Commons should be returned to the Commons. New software need not be returned to the Commons; and,
- Project-based licences – for instance the GPL. These licences insist that any work which incorporates software from the Commons must be licensed under the same terms.
I think that this model has a lot to commend it. More about this in the next post…
Update: Here’s the GPL V3 draft 1.
