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License issue and Generation Klick explanation #18

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tochinet opened this issue Feb 24, 2025 · 1 comment
Open

License issue and Generation Klick explanation #18

tochinet opened this issue Feb 24, 2025 · 1 comment

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@tochinet
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Hi Holger,

I was attracted by your library for my project (no relation with Siemens at all BTW), and I have two questions/remark :

  • What does "Generation Klick" mean ? I searched the web, but found nothing. Known in Germany ? Private joke ?
  • It looks like excluding Siemens from you license implies (as I expected, I'm not lawyer but I talk with a lot of them) that your license is not MIT anymore, and the terms 'anyone' implies it covers them as well. I asked ChatGPT to support my expectations, and it reinforced them :

No, you cannot explicitly exclude specific companies or people from using your code while still using the MIT License. The MIT License is a permissive open-source license that explicitly grants broad rights to "any person obtaining a copy" of the software, allowing them to use, modify, distribute, and sublicense it.

Why Can't You Exclude Specific Entities?

  • The MIT License is Unconditional
    The standard MIT License does not provide any mechanism for excluding specific parties. It grants permission "free of charge, to any person obtaining a copy of this software," which means you cannot impose additional restrictions.

  • License Modification Creates a Different License
    If you modify the MIT License to exclude specific companies or individuals, it is no longer the MIT License. It becomes a custom license, which may not be considered open-source according to the Open Source Definition.

  • GPL and Other Open Source Licenses Have Similar Restrictions
    Most widely accepted open-source licenses, including GPL, Apache, and BSD, do not allow restrictions on specific users.

What Are Your Options?

  • Use a Different License
    If you want to control who can use your software, consider a non-open-source license that explicitly states who is allowed to use it.

  • Dual Licensing
    You could release your code under MIT for the general public but require a separate commercial license for companies or individuals you want to restrict.

  • Moral Clauses (But They Are Problematic)
    Some licenses, like the Hippocratic License, attempt to impose ethical restrictions, but enforcement is difficult, and these licenses are not considered open source by the OSI.

@tochinet
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I also would like to know how you count the kBytes saved by disabling options. Just looking at the compile logs, or any tool ?

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