It all boils down to language and rhetorical strategy.  rms claims
that OBSD "encourages" the use of "non-free" software.  The OBSD folks
consider that incorrect and slanderous.

Instead of "tis so - tis not" argumentation, I propose a search, not
for agreement, but for clear, simple, and pragmatic language.  I
propose the following terms, gory details and rationale following:

  laissez-faire software - for bsd-style licensing

  covenanted software - for gpl stuff

  exclusivist licensing - proprietary, but paying customers get access to source

  usufruct licensing - for standard, no-source proprietary sw;
usufruct is the legal right to use and derive profit or benefit from
property that belongs to another person, as long as the property is
not damaged.

By now it's painfully obvious that the terms "free" and "non-free" are
(ab)used so often because they are semantically hollow and can be
hammered into any shape you please.  So you end up with lots of "when
I say free, I mean ..."; a dissertation ensues, no two people agree on
the meanings, and everybody gets all excited when in fact they're not
even talking about the same thing.  Once "open-source" enters the
picture language becomes even less reliable.  Try explaining the
difference between "free" and "open-source" to the average non-geek
and be rewarded with an indulgent chuckle and the equivalent of
"that's nice.  you kids have fun, now."  Then you get the hucksters
selling "libre", as if that comes with some special semantic sauce
that will keep your goulash bug-free.  Enough already.

Rhetorically, the language of "free software" is rms' home turf.  For
better or for worse, many people look to him for the definition of
"free".  So if you engage in the "mine's freer than yours" debate,
you're fighting him where he is most comfortable and powerful, and
you're probably going to lose and get very pissed off in the process.
He's a very, very clever rhetorician, after all.

The trick is to reframe the debate away from the mystical goo-goo to
simple and pragmatic interests and language.  The core issue is
licensing and its attendant legal obligations and dispensations.  Not
freedom and certainly not Freedom; without the licenses and legal
systems, all the talk about freedom is just hot air.  The nature of
freedom has been debated for thousands of years and we still can't
agree, but everybody understands compulsion and the law.  Law, not
sermonizing, is what makes freedom, and nobody needs to be told what
freedom is; we're all capable of judging whether a legal instrument
leaves us free or bound.

So what's needed is simple but expressive language that clarifies the
fundamental pragmatic differences between the GPL and BSD worlds.
Then rms could decline to recommend OBSD, but could explain his
reasons without slandering OBSD.  My best shot:

For GPL-licensed software I recommend the term "covenant(ed)
software".  So-called "free software", as rms uses the term, is
totally dependent on the GPL, which leverages the State's monopoly on
violence to compel   modifiers of the software to offer their mods to
the public.  However, nobody can be compelled to use or modify GPL
software; hence the term "covenanted", which is intended to convey the
essential nature of the GPL as a kind of voluntary contractual
agreement, as it were.  If somebody asks "What is the GPL?" the simple
answer "a kind of covenant; you can enter into it but you have to
agree to its rules" just about says it all.  Nothing wrong with the
GPL; what's wrong is the claim that it - and only it - is some kind of
cornerstone of f(F)reedom.  Look carefully and you see that the
freedom rms talks about seems to be some kind of magical humour that
circulates only amongst those who agree to enter into the GPL
covenant.  But whether GPL acolytes feel a little thrill of freedom
juice coursing through their souls as they work on their software or
not is utterly irrelevant; what matters is the law.

An advantage of the term "covenanted software" is that it is not
likely to be construed as necessarily a negative term, and hence might
be acceptable to RMS et al.  A related but  less charitable term:
cultic.  Others: the GPL Compact; communitarian.  Etc.  Anything would
be preferable to "free".

For BSD-style licensing I recommend the term "laissez-faire software".
 I reckon I needn't go into the rationale for this terminology on this
list.  One might argue that any licensed product involves a covenant
of some kind, but  I'm not sure I would agree.  To me a covenant
involves some kind of positive obligations and a formally/legally
defined community, but I see OBSD licensing as essentially negative,
like any good law  - you don't have to enter into any covenant or
formal community, you can do what ever you want with my software, but
don't claim you wrote it, etc.  (I think that's good.)
"Laissez-faire" strikes me as a near perfect fit for OBSD, but I'm
undecided as to whether "non-covenanted" fits.

I recommend avoiding the term "non-free software" like the plague
since it is even more meaningless than "free software" and uses a
broad brush cover a variety of distinct species.  Lots of useful
terms,. e.g. proprietary.  But I'm kind of leaning towards "exclusive
licensing", to describe licensing that reserves source code access to
the vendor and possibly the individual client.  I use a terrific XML
editor called XXE, and if you buy a license you get the source; send
'em more money, and you can use the source in your own products, etc.
"Exclusive" seems pretty accurate and expressive for that sort of
thing.  Not sure about e.g. MS stuff, maybe "usufruct licensing"; a
little technical, but very accurate (google it).

Now rms might say, "I don't recommend OBSD, because it is
laissez-faire software, and we think laissez-faire software is
unethical; we prefer convenanted software."  The OBSD camp could
respond "Bully for you!  we think laissez-fair software is entirely
ethical, and we think covenanted software is overly restrictive but
not unethical."   Or he could stick with "OBSD encourages use of
non-free software", to which one might reply "laissez-faire licensing
'lets-you-do' whatever the hell you want to do, including purchase
usufruct software, which must be what you mean by non-free".

To "by using non-free software, you surrender your freedom", I reply
"Freedom has nothing to do with it; I cannot surrender something I've
never had, namely the right to steal somebody else's property, which
is how the law treats usufruct software, whether you like it or not.
Nor do publishers of covenanted and laissez-faire software have any
effect on my freedoms, but they do enlarge the body of software that I
can legally use in various ways."

Philosophical gobbledy-gook need never enter into it; if somebody asks
"but is OBSD free software", the response might be something like "how
the hell would I know, I'm not a philosopher, all I know is it _lets
me do_ (laissez-faire) whatever I want with it", turning the
conversation away from hocus-pocus and toward pragmatics.  Sort of
like "shut up and code" for non-coders, now that I think about it.   I
speculate that most non-geeks could look at that, understand
more-or-less accurately what the idea is, and make up their own minds.

Or to put it another way, he pulls a knife (ethics, philosophizing,
etc.), you pull a gun (law, pragmatics.)

I wonder what would happen if a large number of people in the tech
community were to simply decline to be drawn in to the "free software"
rhetorical trap.  "Covenanted", "laissez-faire", "exclusivist", and
"usufruct" licensing are the best alternative terms I've come up with,
but I'd be interested in other language.

Enough outta me,

-ogregg

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