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I just saw https://writing.kemitchell.com/2019/03/09/Deprecation-Notice.html, which explains why MIT and BSD licenses should no longer be used for new work, and recommends using the Blue Oak license instead. I immediately checked choosealicense.com, and when I didn't see mention of this there, I checked this issue tracker, and finally am creating a new issue since it doesn't look like this has been discussed here yet. I'm not a licensing expert myself, but am just interested in following whether GitHub and choosealicense.com are interested in considering this further. Thanks!
CC @kemitchell (please feel free to take over here if interested:)
sskras and jeremiahleeKijewski and mon-jai
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kemitchell commentedon Mar 29, 2021
Thanks for mentioning, @jan. I'll watch this issue.
nschonni commentedon Mar 29, 2021
https://github.com/github/choosealicense.com/blob/gh-pages/CONTRIBUTING.md#adding-a-license
Looks like it meets 1, but likely none of the others
mlinksva commentedon Apr 5, 2021
Happy to catalog BlueOak-1.0.0 here when it meets criteria linked to above.
For convenience a crude search currently gets 506 hits.
Aspie96 commentedon Jun 13, 2021
(I am not a lawyer and this is not legal advice)
I strongly disagree with this.
It is better to suggest well known and widely used licenses.
The Blue Oak license is rarely used (and when it is used, it's mostly as a template for other licenses).
Also, consider the idea that Mitchell might be a bit biased about this. The opinion of other lawyers too is needed.
I am not a lawyer, but as evidence of the fact that MIT is hard to read, Mitchell claims that it is hard to read and cites his own guide to the MIT license: https://writing.kemitchell.com/2016/09/21/MIT-License-Line-by-Line.html
However, I'd argue that such guide doesn't help his point at all, because pretty much all that he wrote in such guide is obvious from reading the MIT license.
Then he claims:
This, however, is (I'd argue) is exactly as intended. The MIT license has one easy to follow condition.
He also cites the huge amount of variants of MIT and BSD. But this is only a problem if one qualifies their license only with "BSD" (which should never be done). In pretty much every case I've seen of projects claiming to be under the MIT license, it has been the same version of the license and all of the widely known licenses which are sometimes referred to as "MIT license" are essentially equivalent.
In addition, what license is used is clear because as long as the license is included in the project. And even if it is not (but it should) the SPDX identifier, if provided, identifies the specific license being used.
As for the contributors part, the assumption that contributions are under the same license as the project is widespread in the OS community. It is justified by community norm and as an industry standard. In practice, it's clear from the fact that provided commits represent a version of the repository including the same license and the contribution is provided for inclusion. See: https://google.github.io/opencasebook/authorship/
Also, the MIT and BSD licenses have been evaluated and considered free by Debian and the FSF as well. Only licenses which are clearly FLOSS according to everyone should be suggested. The Blue Oak license has only been evaluated by OSI.
Aspie96 commentedon Jun 13, 2021
Note: I am not against merely listing the license when it does meet the necessary criteria.
But I believe the suggested licenses on the homepage should be the most common ones and ones which have been evaluated and accepted by the FLOSS community as a whole. The most influential entities for evaluation are the FSF (steward of the free software definition), OSI (steward of the open source definition) and Debian (widely influential, adopts both terms, is usually more restrictive than both OSI and FSF, is considered fully free by the FSF, and was the foundation for the open source definition).
sskras commentedon Sep 22, 2021
Quoting 2:
Just wrote to licensing@fsf.org an application to review the
BlueOak-1.0.0.sskras commentedon Oct 6, 2021
I received the
[gnu.org #1760802]ticket there.GNU volunteer <ineiev> updated state of the review on 30 Sep 2021:
mlinksva commentedon Jun 5, 2022
Since I just made a similar point on another issue let me agree with @Aspie96's point:
Like I wrote a year ago:
Feel free to submit a PR.
Closing this issue as changing "recommendation" is a long way off.
sskras commentedon Jan 30, 2024
FWIW, the BlueOak model license just got OSI approval: spdx/license-list-XML#2352
Now onto the requirement number 3:
The search syntax has changed, and now this query returns 0 results sadly.
jab commentedon Jan 30, 2024
This search currently returns 35 results, fwiw
Aspie96 commentedon Jan 30, 2024
Although it was pretty clear that the license was permissive, it's interesting to see that it got OSI approval, so thanks @sskras for reporting this.
balupton commentedon Jan 30, 2024
638 results supporting license extensions: https://github.com/search?q=%22Blue+Oak+Model+License%22+path%3A**%2FLICENSE*&type=code&ref=advsearch
sskras commentedon Jan 30, 2024
That contains quite a bit of false positives.
I used Regexp syntax to avoid descending into directories:
"Blue Oak Model License" path:/^LICENSE.*$/It gives 333 matches.
But that also contains some false positives.
So I tried refining it:
https://blueoakcouncil.org/license/1.0.0 path:/^(LICENSE|COPY).*$/But this says to find 305 files at the moment, which is clearly wrong.
Wrong query, wrong results or probably both at the same time.
That's because a year ago I already had collected 616 repos by using the old version of GitHub search:
https://github.com/sskras/license-test/blob/master/repo-list-using-blueoak.md#the-main-list:~:text=2023%2D02%2D07%20Updated%2C%20now%20616%20(%2B%2024)%20items.
(Please scroll two lines above that anchor)
So I tried a generic query with a bunch of exceptions:
https://blueoakcouncil.org/license/1.0.0 path:/^[^\/]+$/ NOT "osiApproved" NOT "Project ID" NOT ".json" NOT spdx-license-list NOT Apache-2.0 NOT "Parity Public License" NOT "Round Robin Software License" NOT "Apache License"This returns me 662 files at the moment.
But even this result cannot be trusted. I simplified the query down to:
"Blue Oak Model License" path:/^COPYING.*$/And it says
3 fileswhile presenting me list of 9 files out of which 4 come from the forked repos, which leaves us with 5 unique files.So the number is not to be trusted much.