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[Resubmitting this comment I made against a previous flagged article] At first glance it Blue Oak seems like a decent license, and the points the author makes
by SimonPStevens 8y ago
[Resubmitting this comment I made against a previous flagged article]
At first glance it Blue Oak seems like a decent license, and the points the author makes about MIT [0] seem valid.
My major issue with adopting a new license however is how well known it probably isn't, so there is not yet a clear legal consensus on it.
In all software companies I've worked in there is a clear list of licenses that have been pre-approved and I can just log the inclusion of any open source using those licenses and everything is fine.
However, if I want to use anything not already on the list it requires a manual approval process from the legal department, which is usually time consuming, and often just results in a 'no' because they are too risk averse to asses the licenses properly themselves, but are happy relying on the consensus that licenses like MIT and BSD are OK for commercial use.
Also, while a lot of the authors crtisisms of MIT seem valid points about uncertainty I think there is a lot to be said for the long length of time it has stood and the general consensus on it's intentions. If I see an MIT license, I can basically know I can do whatever I want with it, provided I give attribution, and there is no warrenty. I'm not going to worry about being sued over someone's interpretation of "deal in the software" because AFAIK, that has never happened in the 40+ years the license has been in use. I think I'd actually feel more at risk using Blue Oak just because of the lack of commentary and consensus on it's terms. The only really substantial point he makes is about variants under the same name, but the lesson here is to just do a diff on licenses to check it's in the standard form. And anyway, doesn't the same problem apply to Blue Oak and in fact all licenses, if you don't do a diff on the license text someone could easily produce and use a variant without you noticing.
[0] - https://writing.kemitchell.com/2016/09/21/MIT-License-Line-by-Line.html https://writing.kemitchell.com/2016/09/21/MIT-License-Line-b...
- deleted 8y ago[deleted]
- mholt 8y ago> there is not yet a clear legal consensus on it. Just curious, how did the MIT license (and similar) achieve legal consensus? Was it "bootstrapped"? > However, if I want to use anything not already on the list it requires a manual approval process from the legal department, which is usually time consuming, and often just results in a 'no' because they are too risk averse to asses the licenses properly themselves Similarly, how do licenses get approved in the first place? If MIT et al. overcame these hurdles, how do new licenses do it? Just by being used, and through the passage of time?
- brudgers 8y agoThe MIT license goes back to 1988. A simpler time in so far as the open source community was significantly smaller. It was attached to an important piece of software, X11. It spread organically as more and more *nix systems were deployed over the decades. Compatibility with GPL didn't hurt.
- kemitchell 8y agoI'd date what we now call "MIT" back further, to X10R3 in February of 1986. That's based on secondary sources. I'd love direct evidence if it's out there. Preferably a verified copy of the license to keep in my office. ;-)