Archive of UserLand's first discussion group, started October 5, 1998.

GPL does *not* "discriminate against fields of endeavor".

Author:Seth Gordon
Posted:8/24/2000; 9:52:41 AM
Topic:Next survey: Are you an open source developer?
Msg #:20100 (In response to 19981)
Prev/Next:20099 / 20101

Read clause 6 of the Open Source Definition more carefully:
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.
I believe the authors of the OSD (and of the GPL) are careful to distinguish between use of a program and distribution of a program. Clause 6 forbids a license from restricting use, but does not say anything about restrictions on the program's distribution. The GPL places certain encumbrances on distribution, but not on use, and therefore passes clause 6.

For example, both GNU Emacs and the GNU C compiler are under the GPL. I could write the Great American Computer Program with Emacs, compile it with GCC, and release it under any license I want -- open or closed. I have used Emacs and GCC to make my program, but the GPL does not place any restrictions on its use. On the other hand, if I modify the Emacs or GCC programs themselves, and then want to redistribute my modified versions, I have to comply with the GPL.

Furthermore, the GPL's encumbrances on distribution affect behavior, not "field of endeavor". If Microsoft distributed a modified GCC with the condition "you must pay us $500 to use this and you can't have the source code", and if the Vatican distributed a modified Emacs with the condition "you can only redistribute this to Catholics", then both Microsoft and the Vatican would be violating the GPL, and they would bring the wrath of St. IGNUcius down upon themselves.

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