Re: Total Reciprocity Public License (TRPL v1.0)
Jay Patel <[email protected]> Tue, 9 Dec 2025 08:59:37 +0530
| Newsgroups | gmane.comp.licenses.open-source.general |
|---|---|
| Message-ID | <CABnE4+K+bzvrz-J9-H-V6Nr=EOVNLmojE4=oW37zowetStWp2w@mail.gmail.com> |
--===============4150665760661482734== Content-Type: multipart/alternative; boundary="0000000000002bb39b06457c867f" Content-Transfer-Encoding: 7bit --0000000000002bb39b06457c867f Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Modified original Licence text into this draft from Feedbacks: https://github.com/trplfoundation/trpl-license/blob/main/Draft On Wed, Dec 3, 2025, 9:52=E2=80=AFPM Gil Yehuda <[email protected]> wrote: > Jay, > If you intend to ask for critique, there=E2=80=99s quite a bit =E2=80=94 = from nitpicking > details to fundamental flaws. I=E2=80=99ll list some of the apparent ones= below as > I read the license text. > If you intend to suggest this as a new open source license that would mee= t > the OSD, I don=E2=80=99t think this will do. > > As I read the license: > > - Preamble: Licenses are documents that grant rights under conditions. > This text suggests that the license can guarantee freedom, indeed =E2= =80=9Cradical=E2=80=9D > freedom (I=E2=80=99m not sure of the difference) in software architect= ure (not just > code?). Licenses should articulate the rights they grant and the condi= tions > under which those rights are granted. Preambles are great to convey in= tent > which helps when trying to interpret ambiguity; but they also reveal c= ases > where the intent is to express a wish for how things ought to be in th= e > world. That=E2=80=99s better expressed in a manifesto, not a legal doc= ument. > - =E2=80=9CIntimate Communication=E2=80=9D is one of my favorite terms= found in > software licenses since it makes people think we=E2=80=99re also dabbl= ing in > marriage counseling. My constructive comment here is that when license= s say > =E2=80=9CThis includes, but is not limited to=E2=80=9D that automatica= lly creates a speed > bump where a reader (and their lawyer) have to imagine if this include= s > something surprisingly not intended. It creates a very broad scope =E2= =80=94 and > that=E2=80=99s going to warn me to stay away from using code under thi= s license > because I might intent to comply only to learn that the scope was even > broader than assumed. > - =E2=80=9CContent Output=E2=80=9D is defined with two terms =E2=80=9C= human consumption or > data storage=E2=80=9D =E2=80=94 I understand the first to exclude non-= human uses and the > second to exclude the use of data that is not stored. I note this beca= use > of the next phrase... > - =E2=80=9CDeployment=E2=80=9D is defined with a curious inclusion of = the term > =E2=80=9Cinternally or externally=E2=80=9D which I assume means in the= context of a > corporation (not of =E2=80=9Chuman consumption=E2=80=9D in the above c= lause =E2=80=94 right?!) If > so, then =E2=80=9Cinternally=E2=80=9D suggests that if I deploy my app= lication onto my work > computer for use by my work colleagues, then the copyright license > considers this to be =E2=80=9Cdeployment=E2=80=99 subject to copyright= protection. I do not > believe that would hold up in the current interpretation of copyright = laws. > - =E2=80=9CConsequently=E2=80=9D (line 40) is where this becomes quite= challenging. If > I create a system with code licensed under TRPL 1.0 that shares data w= ith > any proprietary software to achieve a unified functional goal =E2=80= =94 this > license declares that the proprietary software becomes part of a "Comb= ined > Work=E2=80=9D that I must release its source code under the terms of t= his license. > But what if that proprietary software is not mine to release? I might = not > even have the source code? Let=E2=80=99s say I license the proprietary= edition of > Postman and use it to make an API call to software under TRPL 1.0 =E2= =80=94 > internally (to my corporation, not in my body). I now have to acquire = and > release Postman=E2=80=99s proprietary source code under the TRPL 1.0 l= icense? How > would I go about doing that? Since there=E2=80=99s no definition of = =E2=80=9Crelease=E2=80=9D here, > can I assume that if I deploy internally, then I can release internall= y > too? You see that would not help promote your intent. This section of = the > license seems to convey how you wish software would work =E2=80=94 but= it does not > clarify how I, a potential user of software licensed under this licens= e, > needs to do to make the world work that way. > > > I=E2=80=99m concerned there is little practical use of this license since= any > software licensed this way, no matter how appealing that software may be, > is automatically going to pose a threat to the rest of my software. Given > that software is subject to copyright, and that as a user of software, I > seek to honor other people=E2=80=99s copyrights, this license would make = it nearly > impossible to do so. I=E2=80=99d always have to limit my use of this soft= ware to > ensure I don=E2=80=99t inadvertently infringe other people=E2=80=99s righ= ts. > > Rather than a license, maybe we can collectively imagine what the past > 40-50 years of technology would have been like had there been no copyrigh= t > on source code. I imagine it would be different =E2=80=94 better in some = ways, > worse in others. This license appears to invoke that imagination. But sin= ce > source code is subject to copyright laws, I think the licenses should do > their best to work within that context, granting rights that the grantor > wishes to grant, and imposing conditions that the users of the software > wish to, and can, comply with. This text falls short on the second part, = at > least for me. > > Gil > > > > On Dec 3, 2025, at 12:59=E2=80=AFAM, Jay Patel <[email protected]> w= rote: > > I am reaching out to community to collect feedback on the proposed licens= e. > > Here is text of License: > > https://github.com/trplfoundation/trpl-license/blob/main/LICENSE > > Thanks, > > Jay > > _______________________________________________ > The opinions expressed in this email are those of the sender and not > necessarily those of the Open Source Initiative. Official statements by t= he > Open Source Initiative will be sent from an opensource.org email address. > > License-discuss mailing list > [email protected] > > http://lists.opensource.org/mailman/listinfo/license-discuss_lists.openso= urce.org > > > _______________________________________________ > The opinions expressed in this email are those of the sender and not > necessarily those of the Open Source Initiative. Official statements by t= he > Open Source Initiative will be sent from an opensource.org email address. > > License-discuss mailing list > [email protected] > > http://lists.opensource.org/mailman/listinfo/license-discuss_lists.openso= urce.org > --0000000000002bb39b06457c867f Content-Type: text/html; charset="UTF-8" Content-Transfer-Encoding: quoted-printable <div dir=3D"auto">Modified original Licence text into this draft from Feedb= acks:<div dir=3D"auto"><br></div><div dir=3D"auto"><a href=3D"https://githu= b.com/trplfoundation/trpl-license/blob/main/Draft">https://github.com/trplf= oundation/trpl-license/blob/main/Draft</a></div></div><br><div class=3D"gma= il_quote gmail_quote_container"><div dir=3D"ltr" class=3D"gmail_attr">On We= d, Dec 3, 2025, 9:52=E2=80=AFPM Gil Yehuda <<a href=3D"mailto:tenorgil@g= mail.com">[email protected]</a>> wrote:<br></div><blockquote class=3D"g= mail_quote" style=3D"margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204= ,204,204);padding-left:1ex"><div style=3D""><div style=3D"">Jay,=C2=A0<div>= If you intend to ask for critique, there=E2=80=99s quite a bit =E2=80=94 fr= om nitpicking details to fundamental flaws. I=E2=80=99ll list some of the a= pparent ones below as I read the license text.</div><div>If you intend to s= uggest this as a new open source license that would meet the OSD, I don=E2= =80=99t think this will do.</div><div><br></div><div>As I read the license:= </div><div><ul><li>Preamble: Licenses are documents that grant rights under= conditions. This text suggests that the license can guarantee freedom, ind= eed =E2=80=9Cradical=E2=80=9D freedom (I=E2=80=99m not sure of the differen= ce) in software architecture (not just code?). Licenses should articulate t= he rights they grant and the conditions under which those rights are grante= d. Preambles are great to convey intent which helps when trying to interpre= t ambiguity; but they also reveal cases where the intent is to express a wi= sh for how things ought to be in the world. That=E2=80=99s better expressed= in a manifesto, not a legal document.</li><li>=E2=80=9CIntimate Communicat= ion=E2=80=9D is one of my favorite terms found in software licenses since i= t makes people think we=E2=80=99re also dabbling in marriage counseling. My= constructive comment here is that when licenses say =E2=80=9CThis includes= , but is not limited to=E2=80=9D that automatically creates a speed bump wh= ere a reader (and their lawyer) have to imagine if this includes something = surprisingly not intended. It creates a very broad scope =E2=80=94 and that= =E2=80=99s going to warn me to stay away from using code under this license= because I might intent to comply only to learn that the scope was even bro= ader than assumed.</li><li>=E2=80=9CContent Output=E2=80=9D is defined with= two terms =E2=80=9Chuman consumption or data storage=E2=80=9D =E2=80=94 I = understand the first to exclude non-human uses and the second to exclude th= e use of data that is not stored. I note this because of the next phrase...= </li><li>=E2=80=9CDeployment=E2=80=9D is defined with a curious inclusion o= f the term =E2=80=9Cinternally or externally=E2=80=9D which I assume means = in the context of a corporation (not of =E2=80=9Chuman consumption=E2=80=9D= in the above clause =E2=80=94 right?!) If so, then =E2=80=9Cinternally=E2= =80=9D suggests that if I deploy my application onto my work computer for u= se by my work colleagues, then the copyright license considers this to be = =E2=80=9Cdeployment=E2=80=99 subject to copyright protection. I do not beli= eve that would hold up in the current interpretation of copyright laws.=C2= =A0</li><li>=E2=80=9CConsequently=E2=80=9D (line 40) is where this becomes = quite challenging. If I create a system with code licensed under TRPL 1.0 t= hat shares data with any proprietary software=C2=A0to achieve a unified fun= ctional goal =E2=80=94 this license declares that the proprietary software = becomes part of=C2=A0a "Combined Work=E2=80=9D that I must release its= source code under the terms of this license. But what if that proprietary = software is not mine to release? I might not even have the source code? Let= =E2=80=99s say I license the proprietary edition of Postman and use it to m= ake an API call to software under TRPL 1.0 =E2=80=94 internally (to my corp= oration, not in my body). I now have to acquire and release Postman=E2=80= =99s proprietary source code under the TRPL 1.0 license? How would I go abo= ut doing that? Since there=E2=80=99s no definition of =E2=80=9Crelease=E2= =80=9D here, can I assume that if I deploy internally, then I can release i= nternally too? You see that would not help promote your intent. This sectio= n of the license seems to convey how you wish software would work =E2=80=94= but it does not clarify how I, a potential user of software licensed under= this license, needs to do to make the world work that way.=C2=A0</li></ul>= <div><br></div><div>I=E2=80=99m concerned there is little practical use of = this license since any software licensed this way, no matter how appealing = that software may be, is automatically going to pose a threat to the rest o= f my software. Given that software is subject to copyright, and that as a u= ser of software, I seek to honor other people=E2=80=99s copyrights, this li= cense would make it nearly impossible to do so. I=E2=80=99d always have to = limit my use of this software to ensure I don=E2=80=99t inadvertently infri= nge other people=E2=80=99s rights.</div></div><div><br></div><div>Rather th= an a license, maybe we can collectively imagine what the past 40-50 years o= f technology would have been like had there been no copyright on source cod= e. I imagine it would be different =E2=80=94 better in some ways, worse in = others. This license appears to invoke that imagination. But since source c= ode is subject to copyright laws, I think the licenses should do their best= to work within that context, granting rights that the grantor wishes to gr= ant, and imposing conditions that the users of the software wish to, and ca= n, comply with. This text falls short on the second part, at least for me.= =C2=A0</div><div><br></div><div>Gil</div><div><br></div><div><br id=3D"m_76= 48066646094320510lineBreakAtBeginningOfMessage"><div><br><blockquote type= =3D"cite"><div>On Dec 3, 2025, at 12:59=E2=80=AFAM, Jay Patel <<a href= =3D"mailto:[email protected]" target=3D"_blank" rel=3D"noreferrer">jay= [email protected]</a>> wrote:</div><br><div><div dir=3D"auto">I am rea= ching out to community to collect feedback on the proposed license.<div dir= =3D"auto"><br></div><div dir=3D"auto">Here is text of License:</div><div di= r=3D"auto"><br></div><div dir=3D"auto"><a href=3D"https://github.com/trplfo= undation/trpl-license/blob/main/LICENSE" target=3D"_blank" rel=3D"noreferre= r">https://github.com/trplfoundation/trpl-license/blob/main/LICENSE</a></di= v><div dir=3D"auto"><br></div><div dir=3D"auto">Thanks,</div><div dir=3D"au= to"><br></div><div dir=3D"auto">Jay</div><div dir=3D"auto"><br></div></div> _______________________________________________<br>The opinions expressed i= n this email are those of the sender and not necessarily those of the Open = Source Initiative. Official statements by the Open Source Initiative will b= e sent from an <a href=3D"http://opensource.org" target=3D"_blank" rel=3D"n= oreferrer">opensource.org</a> email address.<br><br>License-discuss mailing= list<br><a href=3D"mailto:[email protected]" target=3D"= _blank" rel=3D"noreferrer">[email protected]</a><br><a h= ref=3D"http://lists.opensource.org/mailman/listinfo/license-discuss_lists.o= pensource.org" target=3D"_blank" rel=3D"noreferrer">http://lists.opensource= .org/mailman/listinfo/license-discuss_lists.opensource.org</a><br></div></b= lockquote></div><br></div></div></div>_____________________________________= __________<br> The opinions expressed in this email are those of the sender and not necess= arily those of the Open Source Initiative. Official statements by the Open = Source Initiative will be sent from an <a href=3D"http://opensource.org" re= l=3D"noreferrer noreferrer" target=3D"_blank">opensource.org</a> email addr= ess.<br> <br> License-discuss mailing list<br> <a href=3D"mailto:[email protected]" target=3D"_blank" r= el=3D"noreferrer">[email protected]</a><br> <a href=3D"http://lists.opensource.org/mailman/listinfo/license-discuss_lis= ts.opensource.org" rel=3D"noreferrer noreferrer" target=3D"_blank">http://l= ists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org</= a><br> </blockquote></div> --0000000000002bb39b06457c867f-- --===============4150665760661482734== Content-Type: text/plain; charset="utf-8" MIME-Version: 1.0 Content-Transfer-Encoding: base64 Content-Disposition: inline X19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX19fX18KVGhlIG9waW5p b25zIGV4cHJlc3NlZCBpbiB0aGlzIGVtYWlsIGFyZSB0aG9zZSBvZiB0aGUgc2VuZGVyIGFuZCBu b3QgbmVjZXNzYXJpbHkgdGhvc2Ugb2YgdGhlIE9wZW4gU291cmNlIEluaXRpYXRpdmUuIE9mZmlj aWFsIHN0YXRlbWVudHMgYnkgdGhlIE9wZW4gU291cmNlIEluaXRpYXRpdmUgd2lsbCBiZSBzZW50 IGZyb20gYW4gb3BlbnNvdXJjZS5vcmcgZW1haWwgYWRkcmVzcy4KCkxpY2Vuc2UtZGlzY3VzcyBt YWlsaW5nIGxpc3QKTGljZW5zZS1kaXNjdXNzQGxpc3RzLm9wZW5zb3VyY2Uub3JnCmh0dHA6Ly9s aXN0cy5vcGVuc291cmNlLm9yZy9tYWlsbWFuL2xpc3RpbmZvL2xpY2Vuc2UtZGlzY3Vzc19saXN0 cy5vcGVuc291cmNlLm9yZwo= --===============4150665760661482734==--