Linux and Open Source

Steven J. Vaughan-Nichols & Paula Rooney

Europe gets its own GPL

By | March 20, 2009, 10:23am PDT

Summary: Europe now has its own version of the GPL. It’s got copyleft, but it lacks the extra language found in GPLv3 meant to enforce that concept.

Europe now has its own version of the GPL.

It’s got copyleft, but it lacks the extra language found in GPLv3 meant to enforce that concept.

The European Union Public License is an effort by EU government services to codify a Euro-centric view of copyleft, in 22 languages. (Nathan White has a giant version of this Tower of Babel image on his Shepherd the Flock blog.)

Roberto GalloppiniGaloppini writes from Rome that the Open Source Initiative approved the new license on March 4, but complains it has yet to show up on the OSI Web site.

In fact a quick check shows a link from the OSI Web site list of approved OSI licenses back to a copy of the EUPL hosted in Europe.

A set of slides on the new license notes that it groups its protection into “principles” but leaves their interpretation up to judges in the EU member states. The GPLv3 effort was meant to strictly limit how the license could be interpreted.

Another key difference is that the GPLv3 preamble does not appear in the EUPL. The slide I was shown called the preamble “ideology,” stating that the intent of the EUPL is merely “to reinforce legal interoperability by adopting a common framework for pooling public sector software.”

While the OSI under Michael Tiemann went on a tear a few years ago about reducing the number of open source licenses, its Web site now lists about 63 such licenses, by my count. Mission not accomplished, Mike.

The problem with all this, as Roberto himself noted when I chatted with him about it, is that any open source user needs a law degree to track the various legal technicalities under which various bits of code are licensed.

The EUPL seems designed to enable sharing of code among European governments, which is great. But when those governments take code covered by, say, the Nokia Open Source License, or the Eiffel Forum License, or the new EU DataGrid License, headaches can result.

These headaches cannot even be relieved (anymore) by referring to the GPL, since there are now four different GNU licenses, plus the new EUPL, which I guess one could call GNU-ish.

The folks working on the new license seem aware of the problems, as noted by Bruce Perens last month, but added this seeming endorsement of the new license by Martin Michlmayer, who runs FOSSology and FOSSBazaar:

There are obviously vanity factors involved when a license happens to bear the name of its issuer. But one new license is bound to be of true value in the near future: the EUPL [European Union Public License]. For the first time we’d have a license available in all European languages and valid everywhere, that is, all translations have been legally scrutinized. 

He added, “EUPL code can be converted to GPL code.”

Sure, but what type of GPL code, Martin? GPLv2? V3? Affero? LGPL or greater? 

We’re right back where we started, at the bottom of the Tower of Babel.

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Topics

Dana Blankenhorn has been a business journalist for 30 years, a tech freelancer since 1983.

Disclosure

Dana Blankenhorn

Dana Blankenhorn has been a journalist, writer and part-time futurist for over 30 years.

At the present moment I run only a personal blog in addition to my ZDNet open source blog.

DanaBlankenhorn.Com has the subtitle The War Against Oil. In the past I have used it to write about political history, e-commerce, personal matters, some ideas related to open source, and The World of Always On, which is the idea of using sensors, motes and RFID to turn WiFi links into platforms for applications which live in the air.

My IRA account at Schwab holds a few tech shares, most notably some Intel and Applied Materials, but there are no open source companies in it. I don’t even own any CBS stock.

Biography

Dana Blankenhorn

Dana Blankenhorn has been a business journalist for nearly 25 years and has covered the online world professionally since 1985. He founded the Interactive Age Daily for CMP Media, and has written for the Chicago Tribune, Advertising Age's "NetMarketing" supplement, and dozens of other publications over the years.

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RE: Europe gets its own GPL
P-E Schmitz 21st Mar 2009
Publishing legal instruments with equal value in all EU languages and letting European courts work with it, is really "business as usual" for the European Institutions: Community Law counts million pages, valid in 22 or 23 languages. In case of uncertainty, national courts may ask the European Court of Justice to clarify. It is a simple fact that the GPL V2 and V3 (relative) failure is that FSF was unable to deal with linguistic diversity (that they consider as a major risk; it is true that they do not benefit from a supra-national court to help). Having said that, the EUPL has other merits: the license complies with European flavour of copyright, information to consumer, warranty and liability. The most important however, is that the intention of EUPL promoters is not to compete with the GPL or any other license. The objective is long term: to bring more administrations to license their source. We are at the early beginning of this, but there are currently substantial move in this direction and several Member States consider policies to license under EUPL. Last, the EUPL has a compatibility list (with GPLV2 and other copyleft licenses). This is also unique: it would be interesting to try solving license proliferation through "mutual recognition" between a club of equivalent licenses, sharing the same compatibility list: this would also provide more freedom to developers. Who has comment on this idea? It is a fact - unfortunately - that "compatibility" is seen by the FSF as "compatibility in the one-way direction of GPL, GPLv3 and AGPLv3". The reverse situation is not even imagined by the FSF, (and by the way, their current web site ignores totally the EUPL - remember Mahatma Gandhi: "First they ignored us..."). A last word about the "biased" comparison I did between the EUPL and GPLv3 during the EOLE event in Paris: Of course you can say it was biased! (since I am a EUPL advocate), but please do not take my comparison as an attack "against" the GPLv3: I just report facts: GPLv3 is about 3 times longer, is full of technical details, is complex (even for a lawyer) and as it is officially valid in English only it may not be the most persuasive license for a German or French administration. Could anyone object? Now if you are happy with GPLv3 and AGPLv3 no problems, go on!
0 Votes
+ -
What GPL? Well, that is an easy one:
GuidingLight 20th Mar 2009
anyone you wish, as the it is all up to interpretation in the end.

No license need be writ in stone ever again, as interpertation takes precedence over actuall words.
0 Votes
+ -
M$ should take notice!
Linux Geek 20th Mar 2009
Since the whole world embraces GPL, it's time for the commision to ask M$ to comply with it.
They even created the license for M$, to avoid lame excuses.
0 Votes
+ -
Linux should take notice
GuidingLight 20th Mar 2009
Since none of the world embraces GPL, it's time for the commision to ask Linux to comply with something. They even created the license for Linux, to avoid lame excuses
0 Votes
+ -
It's the GPLv3
DanaBlankenhorn 21st Mar 2009
The EUPL will be fully compatible with the
GPLv2. They just feel V3 has some language that
is not necessary in places that don't recognize
software patents -- that's what the preamble is
all about.
0 Votes
+ -
Microsoft has its own vanity open licenses
DanaBlankenhorn 20th Mar 2009
So do other companies. The list at OSI (which we
link to) is quite fascinating.
0 Votes
+ -
Amazing
Richard Flude 20th Mar 2009
"A set of slides on the new license notes that it groups its
protection into ?principles? but leaves their interpretation up
to judges in the EU member states. "

I suspect this won't work out well for them.
0 Votes
+ -
It's tough when you're writing for 22 countries
DanaBlankenhorn 20th Mar 2009
My concern about Europe is they will all surely
hang separately in this crisis, which is the
worse the EU has yet seen.
0 Votes
+ -
Not surprised
Tiggster 21st Mar 2009
It seems that Europe has to come up with their own inferior version of everything. happy
0 Votes
+ -
Errata
galoppini 21st Mar 2009
Hi Dana, my family name has just one 'l' (a common mistake for English speakers, though).

It's ok with me that OSI doesn't display the license, even if a bit odd, but I agree with you that the problem of proliferation is actually not considered by OSI,
0 Votes
+ -
Friends like you deserve a change...
DanaBlankenhorn 21st Mar 2009
and you'll get one.
0 Votes
+ -
OSI
DanaBlankenhorn 21st Mar 2009
I think the reason OSI chose a link (at least
for now) is because the EUPL is available in 22
different languages. I'm not certain that the
OSI Web site set-up currently supports all those
text styles, and whether it fears some mistakes
in translation. I think a link back is as good
as a posting in that case.

As to the problem of license proliferation, I do
believe Mike Tiemann considers it, and would
like to do more, but his hands have been tied by
things like attribution, and Microsoft, and now
the Europeans, adding their own tweaks.
0 Votes
+ -
RE: Europe gets its own GPL
P-E Schmitz 21st Mar 2009
Publishing legal instruments with equal value in all EU languages and letting European courts work with it, is really "business as usual" for the European Institutions: Community Law counts million pages, valid in 22 or 23 languages. In case of uncertainty, national courts may ask the European Court of Justice to clarify. It is a simple fact that the GPL V2 and V3 (relative) failure is that FSF was unable to deal with linguistic diversity (that they consider as a major risk; it is true that they do not benefit from a supra-national court to help). Having said that, the EUPL has other merits: the license complies with European flavour of copyright, information to consumer, warranty and liability. The most important however, is that the intention of EUPL promoters is not to compete with the GPL or any other license. The objective is long term: to bring more administrations to license their source. We are at the early beginning of this, but there are currently substantial move in this direction and several Member States consider policies to license under EUPL. Last, the EUPL has a compatibility list (with GPLV2 and other copyleft licenses). This is also unique: it would be interesting to try solving license proliferation through "mutual recognition" between a club of equivalent licenses, sharing the same compatibility list: this would also provide more freedom to developers. Who has comment on this idea? It is a fact - unfortunately - that "compatibility" is seen by the FSF as "compatibility in the one-way direction of GPL, GPLv3 and AGPLv3". The reverse situation is not even imagined by the FSF, (and by the way, their current web site ignores totally the EUPL - remember Mahatma Gandhi: "First they ignored us..."). A last word about the "biased" comparison I did between the EUPL and GPLv3 during the EOLE event in Paris: Of course you can say it was biased! (since I am a EUPL advocate), but please do not take my comparison as an attack "against" the GPLv3: I just report facts: GPLv3 is about 3 times longer, is full of technical details, is complex (even for a lawyer) and as it is officially valid in English only it may not be the most persuasive license for a German or French administration. Could anyone object? Now if you are happy with GPLv3 and AGPLv3 no problems, go on!

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